Statutory Instruments made by the National Assembly for Wales

" (aA) regulation 44(1)(a) in relation to a contravention of regulation 34B concerning any prepacked food either contained in an indelibly marked glass bottle intended for re-use and having no label, ring or collar, or the largest surface of whose packaging has an area of less than ten square centimetres; or".

(a) in the case of a food which consists entirely of such a mixture, the heading of the list of ingredients includes or is accompanied by the words "in variable proportion" or other words indicating the nature of the order in which the ingredients are listed; and

(b) in the case of a food which contains such a mixture, that part of the list where the names of those ingredients appear is accompanied by the words "in variable proportion" or other words indicating the nature of the order in which those ingredients are listed.

    (7) Ingredients constituting less than 2 per cent of the finished product may be listed in a different order after the other ingredients.

    (8) In the case of ingredients which  - 

(a) are similar or mutually substitutable;

(b) are likely to be used in the preparation of a food without altering its nature or its perceived value;

(c) are not additives, allergenic ingredients or ingredients originating from an allergenic ingredient referred to in paragraphs 1 to 11 of Schedule AA1; and

(d) constitute less than 2 per cent of the finished product,

such ingredients may be referred to in the list of ingredients by means of the phrase "contains … and/or …", where at least one of no more than two such ingredients is present in the finished product.".

" (b) subject to paragraphs (5) and (6) of this regulation, the composition of the compound ingredient is defined in Community legislation and the compound ingredient constitutes less than 2 per cent of the finished product, or

(c) subject to paragraphs (5) and (6) of this regulation, the compound ingredient consists of a mixture of spices or herbs or both and constitutes less than 2 per cent of the finished product.";

(c) ar ôl paragraff 4, mewnosoder y paragraffau a ganlyn  - 

" (e) any substance which is not an additive but which is used in the same way and for the same purpose as a processing aid.".

(a) the presence of any allergenic ingredient is to be indicated by marking or labelling the drink with the word "contains" followed by the name of the allergenic ingredient; and

(b) the presence of any ingredient originating from an allergenic ingredient referred to in paragraphs 1 to 11 of Schedule AA1 is to be indicated by marking or labelling the drink with the word "contains" followed by the name of the ingredient including a reference to the allergenic ingredient from which it originates,

unless the name of the allergenic ingredient is specified in the name of the drink or in the list of ingredients, if any.".

(a) the food concerned was marked or labelled before 25th November 2005; and

(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by the following provisions of the Food Labelling (Amendment) (No.2) (Wales) Regulations 2004, namely  - 


(i) regulation 3(b),

(ii) regulation 5 in so far as it substitutes a new regulation 13(5), and

(iii) regulations 6, 7, 8(a), 9, 12 and 15,



had not been in operation when the food was sold.".