S.I. No. 95/1994 - European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment) Regulations, 1994.


S.I. No. 95 of 1994.

EUROPEAN COMMUNITIES (LABELLING, PRESENTATION AND ADVERTISING OF FOODSTUFFS) (AMENDMENT) REGULATIONS, 1994.

I, RUAIRÍ QUINN, Minister for Enterprise and Employment, 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 further effect to Council Directive No. 79/112/EEC of 18 December 19781 as amended by Commission Directive No. 91/72/EEC of 16 January 19912 hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment) Regulations, 1994.

(2) These Regulations shall come into operation on the 1st day of August, 1994.

2. Regulation 3 (1) of the European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 1982 ( S.I. No. 205 of 1982 ), is hereby amended by the substitution for the definition of "the Council Directive" of the following definition:

" 'the Council Directive' means Council Directive No. 79/112/EEC of 18 December, 1978, as amended by Commission Directive No. 91/72/EEC of 16 January, 1991,".

GIVEN under my Official Seal, this 8th day of April, 1994.

RUAIRÍ QUINN,

Minister for Enterprise and

Employment.

1 O.J. No. L33, 8.2.79, p.1.

2 O.J. No. L42, 15.2.91, p.27.

EXPLANATORY NOTE.

These Regulations have been made to give effect to Commission Directive 91/72/EEC of 16 January, 1991 (O.J. No. L42/27 of 15.2.91) which amends Council Directive 79/112/EEC of 18 December, 1978 on the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer.

The effect of the amendment is to add a further Annex (Annex III) to the principal Directive. This Annex sets out the rules for the designation of flavourings when used as ingredients in other foodstuffs. Flavouring must be described by the word "flavouring(s)" or by a more specific name or description of the flavouring.

The word "natural" or any word having substantially the same meaning may be used only where the flavouring component exclusively contains flavouring substances and/or flavouring preparations as defined in Directive 88/388/EEC on flavourings.

Where the name of the flavouring contains a reference to the vegetable or animal nature of origin of the incorporated substances, the word "natural", or any other word having substantially the same meaning, may not be used unless the flavouring component has been isolated by appropriate physical processes, enzymatic or microbiological processes or traditional food-preparation processes, solely or almost solely from the foodstuff or the flavouring source concerned.

These Regulations should be read together with the Commission Directive.