S.I. No. 528/2003 - European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment) (No. 3) Regulations 2003

I, Micheál Martin, Minister for Health and Children, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Directive 2002/67/EC¹ of 18 July 2002 on the labelling of foodstuffs containing quinine and of foodstuffs containing caffeine, amending Directive 2000/13/EC² of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling presentation and advertising of foodstuffs, hereby make the following regulations:

1.           (1)     These Regulations may be cited as the European Communities (Labelling, Presentation and Advertising of Foodstuffs (Amendment) (No. 3) Regulations 2003.

(2)      The collective citation “the European Communities (Labelling Presentation and Advertising of Foodstuffs) Regulations 2002 and 2003” includes these Regulations.

2.           In these Regulations:

“Directive” means Commission Directive 2002/67/EC³ of 18 July 2002 on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine, and

“Principal Regulations” means the European Communities (Labelling Presentation and Advertising of Foodstuffs) Regulations 2002 ( S.I. No. 483 of 2002 ).

3.           The Principal Regulations [as amended by the European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment Regulations 2003 ( S.I. No. 257 of 2003 ) and by the European Communities (Labelling, Presentation and Advertising of Foodstuffs (Amendment) (No. 2) Regulations, 2003 ( S.I. No. 451 of 2003 )] are amended by:

(1)      inserting in the definition of “Directive” after “26 November 2001” “and by Commission Directive 2002/67/EC of 18 July 2002”, and

(2)      inserting in the definition of “Directives” after “26 November 2001” “and by Commission Directive 2002/67/EC of 18 July 2002”.

4.           (1)      A person shall not trade in products which do not comply with the Directive after 30 June 2004.

(2)      Notwithstanding any provision to the contrary in the Directive trade in products which are not in conformity with the Directive but which were labelled before 1 July 2004 shall be authorised while stocks last.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations amend the European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations 2002 and 2003 and may be cited as the European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment) (No. 3) Regulations 2003.

These Regulations implement Commission Directive 2002/67/EC⁴ of 18 July 2002 on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine amending Directive 2000/13/EC⁵ of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. They apply to the labelling of products which contain caffeine or quinine as an ingredient.

DEPARTMENT OF HEALTH AND CHILDREN

November 2003

¹ OJ L 191, 19.7.2002, p. 20.

² OJ L 109, 6.5.2000, p. 29.

³ OJ L 191, 19.7.2002, p.20.

⁴ OJ L 191, 19.7.2002, p. 20.

⁵ OJ L 109, 6.5.2000, p. 29.