On 7 November 2012, DEFRA published its consultation on a new draft
statutory instrument (“SI
Food Information Regulations 2013 – which will provide UK
enforcement rules for EU Regulation 1169/2011 on the Provision of
Food Information to Consumers
The FIR combines two directives (Food Labelling Directive
2000/13/EC and Nutrition Labelling Directive 90/496/EEC) into one
piece of directly applicable legislation. Most of the
provisions of the FIR will apply from 13 December 2014. The
requirement to provide nutrition information on a mandatory basis
will apply from 13 December 2016.
The SI seeks to introduce new and simplified enforcement
provisions. The front line measure for the majority of
provisions (except those relating to food safety, such as allergen
indications) will be an “improvement notice”.
Businesses will have the opportunity to appeal against an
improvement notice. Appeals will be made through more
technical ‘first-tier tribunals’ and no longer via
Magistrates’ courts. If the conditions set by an
improvement notice are not met, this will be a criminal
In accordance with the Red Tape Challenge, DEFRA is proposing to
revoke existing regulations, particularly where standards are
already provided at an EU level. This issue is discussed in
the “Impact Assessment” however there are additional
questions related to:
- alcohol claims; and
- ice cream, and cheese and cream
which are discussed in Annexes 1 and 2 of
DEFRA’s consultation document.
Unfortunately, the guidance on this SI has not yet been drafted to
accompany the consultation.
The DEFRA consultation can be accessed here and is open until 30 January 2013.