European Communities (Nutrition Labelling For Foodstuffs) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Nutrition Labelling for Foodstuffs) Regulations 2005.
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paragraphs: (1) In these Regulations—
“Act of 1998” means the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998);
“approved examiner” means—
(a) a Public Analyst located at a Public Analyst's Laboratory,
(b) a Deputy Public Analyst located at a Public Analyst's Laboratory,
(c) an Executive Analytical Chemist located at a Public Analyst's Laboratory;
“authorised officer” means an authorised officer appointed under section 49 of the Act of 1998;
“Authority” means the Food Safety Authority of Ireland established under section 9 of the Act of 1998;
“average value” means the value which best represents the amount of the nutrient which a given food contains, and reflects allowances for seasonal variability, patterns of consumption and other factors which may cause the actual value to vary;
“carbohydrate” means any carbohydrate which is metabolised in man, and includes polyols;
“Directive” means Council Directive 90/496/EEC1 of 24 September 1990 on nutrition labelling for foodstuffs, as amended by Commission Directive 2003/120/EC2 of 5 December 2003;
“export” means exportation to a third country;
“fat” means total lipids, and includes phospholipids;
“fibre” means the material to be defined in accordance with the procedure laid down in Article 10 of the Directive and measured by the method of analysis to be determined in accordance with that procedure;
“food” or “foodstuff” means any substance or product whether processed, partially processed or unprocessed intended to be, or reasonably expected to be, ingested by humans;
“food” includes drink, chewing gum and any substance including water, intentionally incorporated into the food during its manufacture, preparation or treatment. It includes water after the point of compliance as defined in Article 6 of Directive 98/83/EC3 and without prejudice to the requirements of Directives 80/778/EEC4 and 98/83/EC3 ;
“food” shall not include—
(a) feed,
(b) live animals unless they are prepared for placing on the market for human consumption,
(c) plants prior to harvesting,
(d) medicinal products within the meaning of Council Directives 65/65/EEC5 and 92/73/EEC6 ,
(e) cosmetics within the meaning of Council Directive 76/768/EEC7 ,
(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC8 ,
(g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances 1971, or
(h) residues and contaminants;
“import” means importation from a country other than a Member State, except in the context of paragraphs (6) and (7) of Regulation 3, where “import” means importation from a Member State into a third country;
“manufacture” includes the production and processing of food, other than primary production for private domestic use and domestic preparation, handling and storage of food for private domestic consumption, and cognate words shall be construed accordingly;
“Member State” means a Member State of the European Community and shall be construed as including reference to those States that are Contracting Parties to the EEA Agreement;
“mono-unsaturates” means fatty acids with one cis double bond;
“nutrition claim” means any representation and any advertising message which states, suggests or implies that a foodstuff has particular nutrition properties due to the energy (calorific value) it—
(a) provides,
(b) provides at a reduced or increased rate,
(c) does not provide, or
due to the nutrients it
(a) contains,
(b) contains in reduced or increased proportions, or
(c) does not contain,
or a claim to any combination of the above; however, a reference to qualities or quantities of a nutrient does not constitute a nutrition claim in so far as it is required by legislation;
“nutrition labelling” means any information appearing on labelling and relating to—
(a) energy value, or
(b) the following nutrients:
(i) protein,
(ii) carbohydrate,
(iii) fat,
(iv) fibre,
(v) sodium, and