Food Safety
(Labelling) (Jersey) Order 2005
part 1
introductory
1 Interpretation
(1) In this Order, unless
the context otherwise requires –
“additive” means any substance not normally consumed as
food in itself and not normally used as a characteristic ingredient of food,
whether or not it has nutritive value, the intentional addition of which to
food for a technological purpose in the manufacture, processing, preparation,
treatment, packaging, transport or storage of such food results, or may be
reasonably expected to result, in it or its by-products becoming directly or
indirectly a component of such foods;
“appropriate durability indication” shall be construed
in accordance with Article 10(1);
‘ “best before” date’ means an indication of
the date up to and including which food can reasonably be expected to retain
its specific properties if properly stored;
“catering establishment” means a restaurant, canteen,
club, public house, school, hospital or similar establishment (including a
vehicle or a fixed or mobile stall) where, in the course of a business, food is
prepared for delivery to the consumer and is ready for consumption without
further preparation;
“confectionery product” means any item of chocolate
confectionery or sugar confectionery;
“consumer” means a person who buys otherwise than for
the purposes of resale, a catering establishment or a manufacturing business;
“edible ice” includes ice-cream, water ice and fruit
ice, whether alone or in combination, and any similar food;
“flour confectionery” –
(a) means
any cooked food that is ready for consumption without further preparation (other
than reheating), of which a characterizing ingredient is ground cereal (such as
shortbread, sponges, crumpets, muffins, macaroons, ratafias, pastry and pastry
cases);
(b) includes
meringues, petit fours, and uncooked pastry and pastry cases; but
(c) does
not include bread, pizzas, biscuits, crispbread, extruded flat bread or any
food containing a filling that has as an ingredient any cheese, meat, offal,
fish, shellfish, vegetarian protein material or microbial protein material;
“ingredient” means any substance, including any additive
and any constituent of a compound ingredient, that is used in the preparation
of a food and which is still present in the finished product, even in an
altered form, and “compound ingredient” means 2 or more such
substances;
“ionising radiation” means any gamma rays, x-rays or
corpuscular radiations that are capable of producing ions either directly or
indirectly other than those rays or radiations –
(a) that
are emitted by measuring or inspection devices;
(b) that
are emitted at an energy level no higher than the appropriate maximum level;
and
(c) the
dose of energy imparted by which does not exceed 0.01 Gy in the case of
inspection devices that utilise neutrons and 0.5 Gy otherwise,
and for the purposes of this definition the appropriate maximum
level is 10 MeV in the case of x-rays and 14 MeV in the case of
neutrons and 5 MeV otherwise;
“irradiated” means subjected to treatment by ionising
radiation;
“jam” includes jelly and marmalade;
“label” means any written or printed material on the
wrapper or container of pre-packed food or any tag attached to the container
and “labelled” and “labelling” shall be construed
accordingly;
“place of origin” means, in the case of manufactured
food, the place of manufacture and in any other case the place of production;
“pre-packed”, in relation to food –
(a) means
food that is put into packaging before being offered for sale in such a way
that the food, whether wholly or only partly enclosed, cannot be altered
without opening or changing the packaging and that is ready for sale to the
consumer or to a catering establishment;
(b) includes
food that is wholly enclosed in packaging before being offered for sale, that
is intended to be cooked without opening the packaging and that ready for sale
to the consumer or to a catering establishment; but
(c) does
not include individually wrapped sweets or chocolates that are not enclosed in
any further packaging and are not intended for sale as individual items;
“pre-packed for direct sale” means pre-packed by a
retailer, manufacturer or producer of food for sale by that person –
(a) on
the premises where the food is produced;
(b) on
other premises from which the person conducts business under the same name as
the business conducted on the premises where the food is pre-packed; or
(c) from
a vehicle or stall used by the person;
“preparation”, in relation to food, includes manufacture
and any form of assembly, processing or treatment;
“sell” includes offer or expose for sale and have in
possession for the purposes of sale;
‘ “use by” date’ means the date up to and
including which food should be used if properly stored;
“voluntary organisation” means a body the activities of
which are carried on otherwise than for profit, but does not include any body
exercising the functions of the States or any administration of the States or
any Parish.
(2) Where any provision of
this Order requires the use of a particular word or phrase, that requirement
shall be taken to include the use of that word or phrase in any language
readily understood by the intended consumer.
2 Application
(1) This Order applies
to –
(a) food
(whether or not it is pre-packed) intended for sale or sold to the consumer at
retail points of sale;
(b) pre-packed
food supplied or sold in the form in which it will be offered for sale to the
consumer; and
(c) pre-packed
food supplied to catering establishments for supply or sale to the consumer.
(2) This Order does not
apply to food prepared by a volunteer for the benefit of a voluntary
organisation.
(3) This Order does not
apply to food –
(a) to
which the provisions of the EEA Agreement apply and brought into Jersey from
the state, being a Contracting Party to that Agreement, in which it was
lawfully produced and sold;
(aa) brought into
Jersey from the United Kingdom, in which it was lawfully produced and sold;
(b) lawfully
produced in any member State and brought into Jersey from a Member State in
which it was lawfully sold; or
(c) lawfully
produced outside the European Community and the United Kingdom, and brought
into Jersey from a member State or from the United Kingdom, in either of which
it was in free circulation and lawfully sold,
that complies with the requirements as to food marking and labelling
applicable to the United Kingdom or to any member State, and which is marked or
labelled in a language that is readily understood by the intended consumer.[1]
(4) Nothing in paragraph (3)
prevents the enforcement of Article 28(a), (c) or (d).
(5) In this
Article –
“EEA Agreement” means the Agreement on the European
Economic Area signed at Oporto on 2nd May 1992 (O.J. No. L1, 3.1.94, p1),
as adjusted by the Protocol signed at Brussels on 17th March 1993
(O.J. No. L1, 3.1.94, p571);
“free circulation” has the same meaning as in Article 9.2
of the Treaty establishing the European Community;
“member State” means a member State of the European
Community.
3 Clarity
of labelling
The particulars with which food is required by this Order to be
marked or labelled –
(a) must be legible,
indelible, clearly visible and in a language that is readily understood by the
intended consumer; and
(b) must not be hidden,
obscured or interrupted by any other information, pictures or graphics.
part 2
GENERAL LABELLING
REQUIREMENTS
4 General
labelling requirement
Subject to the following provisions of this Part, food must be
marked or labelled with –
(a) the name of the food;
(b) a list of ingredients;
(c) the appropriate
durability indication;
(d) any special storage
conditions or conditions of use;
(e) any instructions for
use if it would be difficult to make appropriate use of the food in the absence
of such instructions;
(f) the name and
address of the manufacturer, supplier or other person who has taken
responsibility for the production or packaging of the food or, if no such
person is within any part of the British Islands or the European Community, the
seller; and
(g) the place of origin of
the food if its omission would mislead as to the food’s true provenance.
5 Name
For the purposes of this Article the name given to food must
be –
(a) if a particular name is
required by law, that name; or
(b) in any other case a
name in common usage or other descriptive term, being a name or term from which
the nature of the food can reasonably be understood in terms of its main
ingredients and any process to which it has been subjected, and which makes it
distinguishable from other products for which the consumer might otherwise
mistake it.
6 List
of ingredients
(1) The ingredients of food
must appear under a heading “ingredients” and be listed in
descending order of weight determined at the time the food was prepared, with
the heaviest first.
(2) If an ingredient is
used in concentrated or dehydrated form and is reconstituted at the time the
food was prepared it must appear on the list of ingredients on the basis of its
weight before such reconstitution.
(3) Water and volatile
products used as ingredients must appear on the list of ingredients on the
basis of their weight in the finished product as presented to the consumer.
(4) If water amounts to
less than 5% of the finished product it need not appear on the list of
ingredients.
(5) If food is presented
for purchase in a concentrated or dehydrated form and has to be reconstituted
with water or other liquid before use, its ingredients may be listed on the
basis of the food in its reconstituted form if the list so indicates.
7 Additives
(1) An additive used in the
manufacture of food must appear on the list of ingredients described by its
function (such as a colourant, preservative, sweetener or emulsifier) followed
by its name or European Community approval number (E number).
(2) An additive used in the
manufacture of an ingredient of food need not appear on the list of ingredients
of that food unless it has a technological function in relation to that food.
8 Compound
ingredients
(1) The list of ingredients
may consist of a list of compound ingredients.
(2) However, if a compound
ingredient comprises 25% or more by weight of the total food it must be
followed in the list of ingredients by a list of its constituent ingredients in
brackets.
9 Foods
exempted from ingredient listing requirements
The following foods need not be marked or labelled with a list of
ingredients –
(a) carbonated water, to
which no other ingredient has been added and which is marked or labelled as
being carbonated;
(b) vinegar that is derived
by fermentation exclusively from a single basic product and to which no other
ingredient has been added;
(c) cheese, butter,
fermented milk and fermented cream, to which no other ingredient has been added
other than lactic products, enzymes and micro-organic cultures essential to
manufacture, or in the case of cheese other than fresh curd cheese and
processed cheese, such amount of salt as is needed for its manufacture;
(d) food consisting of a
single ingredient where the name of the food enables the nature of the
ingredient to be clearly identified by the consumer, and which contains no
additives; and
(e) drinks with an
alcoholic strength by volume of more than 1.2%.
10 Durability
(1) Food must be marked or
labelled –
(a) in
the case of food which, from the microbiological point of view, is highly
perishable and as a consequence likely after a short period to constitute an
immediate danger to health, with a “use by” date; and
(b) in
every other case, with a “best before” date.
(2) The appropriate
durability indication must be accompanied by the words “use by” or
“best before”, as the case may be, which must be in the same field
of vision as such indication unless such words are followed by a reference to
where on the packaging the appropriate durability indication may be found.
11 Form
of indication of “use by” date
The “use by” date must be expressed in terms either of a
day followed by a month or of a day, a month and a year (in that order).
12 Form
of indication of “best before” date
The “best before” date must be expressed in terms of a
day, a month and a year (in that order), except that –
(a) in the case of food
that can reasonably be expected to retain its specific properties for
3 months or less, it may be expressed in terms of a day and month only;
(b) in the case of food
that can reasonably be expected to retain its specific properties for more than
3 months but not more than 18 months it may be expressed in terms of
a month and year only, if the words “best before” are replaced by
the words “best before end”; and
(c) in the case of food
that can reasonably be expected to retain its specific properties for more than
18 months it may be expressed either in terms of a month and year only, or
in terms of a year only, if (in either case) the words “best before”
are replaced by the words “best before end”.
13 Foods
exempted from durability requirements
The following foods need not be marked or labelled with an
appropriate durability indication –
(a) pre-packed fresh fruit
and vegetables (other than sprouting seeds and similar products) unless they
have been peeled, cut or similarly treated;
(b) wines and products
similar to wine made from fruit;
(c) drinks with an
alcoholic strength by volume of 10% or more;
(d) drinks, fruit juices
and fruit nectars in individual containers each of more than 5 litres that are
intended for supply to catering establishments;
(e) vinegar;
(f) cooking salt;
(g) sugar;
(h) bread and flour
confectionery that, given the nature of its content, is normally consumed
within 24 hours of its preparation;
(i) chewing gum and
similar products;
(j) confectionery
products consisting almost solely of flavoured or coloured sugars; and
(k) individual portions of
ice-cream.
14 Instructions
for storage or use
(1) If it is necessary in
order to maintain the safety, quality or integrity of food for the consumer to
follow specific storage instructions, the food must be marked or labelled with
such instructions.
(2) If food is intended to
be consumed in a condition other than that in which it is sold it must be
marked or labelled with sufficient instructions as to its preparation to enable
the consumer to consume it as intended.
15 Address
of manufacturer, etc.
The address required by Article 4(f) need not be the full
postal address but must be sufficient to identify the place to which it
relates.
PART 3
SPECIFIC LABELLING
REQUIREMENTS
16 Irradiated
food
(1) The name of any food
that has been irradiated must include or be accompanied by the word
“irradiated” or the words “treated with ionising
radiation”.
(2) If food has not been
irradiated but contains an irradiated ingredient the word
“irradiated” must appear in brackets next to that ingredient in the
list of ingredients.
(3) If food that has been
irradiated or contains an irradiated ingredient is not required to be marked or
labelled with a list of ingredients the word or words described in paragraph (1)
must appear –
(a) on a
label attached to the food; or
(b) on a
menu, notice, ticket or label that is likely to be read by the consumer at the
place where the consumer chooses the food.
17 Alcoholic
drinks
Drinks with an alcoholic strength of 1.2% alcohol by volume or more
must be marked or labelled with the alcoholic strength by volume in the form of
a figure and the symbol “% vol”.
18 Food
containing artificial sweeteners
(1) If food has been
sweetened with an artificial sweetener it must be marked or labelled with a
statement, contained in the name of the food or in close proximity to it, to
the effect that it contains artificial sweeteners.
(2) If food has been
sweetened by a mixture of artificial sweeteners and sugar it must be marked or
labelled with a statement, contained in the name of the food or in close
proximity to it, to the effect that it contains artificial sweeteners and
sugar.
19 Packaging
gases
If any gas other than air has been added to a food container at the
time of packaging in order to extend its durability, the food must be marked or
labelled with “packaged in a protective atmosphere”.
20 Special
emphasis
If a manufacturer or retailer has, in connection with the marketing
of a food, drawn particular attention to the presence of an individual
ingredient or suggested that an extra amount of an ingredient has been included
in the list of ingredients, the proportion of that ingredient, expressed as a
percentage of the total food, must be listed in brackets next to the
ingredient.
21 Jam
(1) Jam must be marked or
labelled with the proportion of fruit used to make the jam expressed as a
percentage of the total jam calculated at the time of manufacture.
(2) The fruit required to
be marked or labelled by paragraph (1) is the fruit in the title of the
jam or, if more than one fruit has been used to make the jam, the expression
“mixed fruit” may be used.
22 Meat
Products
Meat, or food of which the major ingredient is meat, that contains
more than 10% water by weight must be marked or labelled with the words
“with not more than x% added water”, there being inserted in place
of “x” a figure consisting of the amount by which the maximum added
water content of the meat or meat product exceeds 10%.
23 Pre-packed
food
(1) Pre-packed food must
bear on its label a distinctive mark that will enable the manufacturer or
supplier to identify the manufacturing batch or lot from which the food is
derived.
(2) The distinctive mark
must have a form that can also be identified by the consumer or an authorized
officer in the event of a recall of food by the manufacturer or supplier.
24 Prohibition
on claims relating to medicinal qualities
(1) Food must not be marked
or labelled with a claim, whether directly or by inference, that it may
prevent, treat or cure any medical condition.
(2) Paragraph (1) is
without prejudice to the right to make claims about the nutritional qualities
of any food.
PART 4
FOOD EXEMPTED FROM MORE
THAN ONE REQUIREMENT
25 Food
sold at catering establishments
(1) Food sold at a catering
establishment that is –
(a) not
pre-packed; or
(b) pre-packed
for direct sale,
is exempt from the requirements of Articles 4, 18
and 19.
(2) However, such food must
comply with Article 16 as if it were not exempt from the requirements of Article 4(a).
26 Food
not pre-packed and similar food, and certain confectionery products
(1) This Article applies
to –
(a) food
other than food sold at a catering establishment that is –
(i) not pre-packed,
or
(ii) pre-packed
for direct sale;
(b) flour
confectionery packed in a crimp case only or in wholly transparent packaging
with no labelling other than a label on which the price or lot mark is
indicated; and
(c) individually
wrapped confectionery products not enclosed in further packaging and intended
for sale as single items.
(2) Food to which this
Article applies is exempt from the requirements of Articles 4(b) to
(g), 18 and 19.
(3) Food to which this
Article applies that has not been irradiated and is –
(a) not
exposed for sale;
(b) white
bread or flour confectionery; or
(c) carcasses
and parts of carcasses not intended for sale in one piece,
is also exempt from the requirements of Article 4(a).
(4) However, where food to
which this Article applies is exposed for sale –
(a) it
must comply with Article 7 as if it were not exempt from the requirements
of Article 4(b) save that in the case of edible ice or flour confectionary
it shall be sufficient compliance with Article 7 if there is displayed
nearby a notice indicating that the food may contain additives; and
(b) it
must comply with Article 16 as if it were not exempt from the requirements
of Article 4(a).
27 Small
packages
(1) Food sold or supplied
in catering establishments in packages the largest surface area of which is
less than 10 square centimetres in area is exempt from the requirements of
Article 4(b) and (d) to (g).
(2) However, no such
exemption applies in respect of the outer container in which such packages are
sold or supplied to catering establishments, other traders or the consumer.
PART 5
MISCELLANEOUS
28 Offences
A person who –
(a) intentionally or
recklessly marks or labels any food with information that is incorrect;
(b) sells for human consumption
any food that is not marked or labelled in accordance with this Order;
(c) sells for human
consumption any food later than its “use by” date; or
(d) makes any alteration to
any information required to be marked or labelled on any food without being
authorized to do so by the person responsible for marking or labelling such
food,
is guilty of an offence and liable to a fine of level 3 on the
standard scale.[2]
29 Criminal
liability
(1) A person who aids,
abets, counsels or procures the commission of an offence under this Order is
also guilty of the offence and liable in the same manner as a principal
offender to the penalty provided for that offence.
(2) Where an offence under
this Order committed by a limited liability partnership or body corporate is
proved to have been committed with the consent or connivance of, or to be
attributable to, any neglect on the part of –
(a) a
person who is a partner of the partnership or a director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
that person is also guilty of the offence and liable in the same
manner as the partnership or body corporate to the penalty provided for the
offence.
(3) Where the affairs of a
body corporate are managed by its members, paragraph (2) shall apply in
relation to acts and defaults of a member in connection with the member’s
functions of management as if the member were a director of the body corporate.
30 Citation
This Order may be cited as
the Food Safety (Labelling) (Jersey) Order 2005.