European Union (Provision of Food Information to Consumers) Regulations 2014.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Union (Provision of Food Information to Consumers) Regulations 2014.
(2) Subject to paragraphs (3) and (4), these Regulations come into operation on 13 December 2014.
(3) Regulation 7(1)(a)(iii) is deemed to have come into operation on 1 January 2014.
(4) Regulation 7(1)(l) comes into operation on 13 December 2016.
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paragraphs: (1) In these Regulations—
(a) a Deputy Public Analyst located at a Public Analyst’s Laboratory,
(b) an Executive Analytical Chemist located at a Public Analyst’s Laboratory,
(c) a Public Analyst located at a Public Analyst’s Laboratory,
(d) a person, or member of a class of persons, designated by the Minister pursuant to Regulation 26;
(a) Public Analyst’s Laboratory, Cork,
(b) Public Analyst’s Laboratory, Dublin,
(c) Public Analyst’s Laboratory, Galway,
(d) a laboratory designated by the Minister pursuant to Regulation 26;
(a) label, labelling, packaging or container, commercial documents, or
(b) materials used in the advertising or presentation of food or other accompanying material.
(2) A word or expression which is used in these Regulations and which is also used in the EU Regulation or in the General Food Law Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the EU Regulation or in the General Food Law Regulation.
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paragraphs: (1) These Regulations apply to food business operators at all stages of the food chain, where their activities concern the provision of food information to consumers.
(2) These Regulations apply to all foods intended for the final consumer, including foods delivered by mass caterers, and foods intended for supply to mass caterers.
(3) These Regulations apply to catering services provided by transport undertakings when the departure takes place in the territory of a Member State.
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paragraphs: A food business operator is guilty of an offence if the food business operator supplies food which is not accompanied by food information in accordance with the EU Regulation.
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paragraphs: (1) A food business operator is guilty of an offence if the food business operator supplies food information which—
(a) is misleading in any of the ways referred to in Article 7(1) of the EU Regulation,
(b) is inaccurate,
(c) is unclear or not easy to understand for the consumer, or
(d) subject to derogations provided for by European Union law applicable to natural mineral waters and foods for particular nutritional uses, attributes to the food, or refers to, the property of preventing, treating or curing a human disease.
(2) A food business operator is guilty of an offence if the food business operator advertises food in a manner which—
(a) is misleading in any of the ways referred to in Article 7(1) of the EU Regulation,
(b) is inaccurate,
(c) is unclear or not easy to understand for the consumer, or
(d) subject to derogations provided for by European Union law applicable to natural mineral waters and foods for particular nutritional uses, attributes to the food, or refers to, the property of preventing, treating or curing a human disease.
(3) A food business operator is guilty of an offence if the food business operator presents food in a manner which—
(a) is misleading in any of the ways referred to in Article 7(1) of the EU Regulation,
(b) is inaccurate,
(c) is unclear or not easy to understand for the consumer, or
(d) subject to derogations provided for by European Union law applicable to natural mineral waters and foods for particular nutritional uses, attributes to the food, or refers to, the property of preventing, treating or curing a human disease,
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paragraphs: (1) A food business operator is guilty of an offence if food is placed on the market under the name or business name of that food business operator without food information being present and accurate, in accordance with the applicable food information law and requirements of relevant national provisions.
(2) A food business operator is guilty of an offence if that food business operator imports food into the State from a food business operator not established in a Member State and places it on the market without food information being present and accurate, in accordance with the applicable food information law and requirements of relevant national provisions.
(3) A food business operator which does not affect food information is guilty of an offence if that food business operator places on the market food which it knows or presumes, on the basis of the information it has in its possession, to be non-compliant with the applicable food information law and requirements of relevant national provisions.
(4) A food business operator is guilty of an offence if, within a business under its control, that food business operator modifies information accompanying food where such modification would mislead the final consumer or otherwise reduce the level of consumer protection and the possibilities for the final consumer to make informed choices.
(5) Without prejudice to paragraphs (1) to (4), a food business operator is guilty of an offence if, within a business under its control, that food business operator fails to—
(a) ensure compliance with the requirements of food information law and relevant national provisions which are relevant to its activities, or
(b) verify that such requirements are met.
(6) A food business operator is guilty of an offence if, within a business under its control, that food business operator fails to transmit information relating to non-prepacked food to the food business operator receiving the food in order to enable, when required, the provision of mandatory food information to the final consumer.
(7) In the following cases, a food business operator is guilty of an offence if, within a business under its control, that food business operator fails to ensure that the mandatory particulars required under Articles 9 and 10 of the EU Regulation appear on the prepackaging or on a label attached thereto, or on the commercial documents referring to the food where it can be guaranteed that such documents either accompany the food to which they refer or were sent before or at the same time as delivery:
(a) where prepacked food is intended for the final consumer but marketed at a stage prior to sale to the final consumer and where sale to a mass caterer is not involved at that stage;
(b) where prepacked food is intended for supply to mass caterers for preparation, processing, splitting or cutting up.
(8) Notwithstanding paragraph (7), a food business operator is guilty of an offence if the food business operator fails to ensure that the particulars referred to in points (a), (f), (g) and (h) of Article 9(1) of the EU Regulation appear, on the external packaging in which prepacked food is presented for marketing.
(9) A food business operator that supplies—
(a) food not intended for the final consumer to another food business operator, or
(b) food to a mass caterer
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paragraphs: (1) Subject to this Regulation, a food business operator is guilty of an offence if the food business operator places on the market prepacked food without indicating the following particulars, by means of words and numbers:
(a) the name of the food, in accordance with—
(i) Article 17(1) to (4) of the EU Regulation,
(ii) Parts A and C of Annex VI to the EU Regulation, and
(iii) paragraphs 1 and 2 of Part B of Annex VI to the EU Regulation;
(b) the list of ingredients in the food, in accordance with Article 18(1) to (4) and Article 20 of the EU Regulation, except in the case of foods covered by Article 19(1) of the EU Regulation;
(c) any ingredient or processing aid listed in Annex II to the EU Regulation or derived from a substance or product listed in that Annex causing allergies or intolerances used in the manufacture or preparation of a food and still present in the finished product, even if in an altered form, in accordance with Article 21(1) of the EU Regulation;
(d) the quantity of certain ingredients or categories of ingredients, where required, in accordance with Article 22 of the EU Regulation;
(e) the net quantity of the food, in accordance with Article 23(1) and (3) of the EU Regulation;
(f) the date of minimum durability of the food, expressed in accordance with paragraph 1 of Annex X to the EU Regulation, or, where required under Article 24(1) of the EU Regulation, the ‘use by’ date of the food, expressed in accordance with paragraph 2 of Annex X to the EU Regulation;
(g) any special storage conditions or conditions of use, in accordance with Article 25 of the EU Regulation;
(h) the name or business name and address of the food business operator under whose name or business name the food is marketed or, if that operator is not established in a Member State, the importer of the food into the State;
(i) the country of origin or place of provenance of the food, where required by Article 26(2)(a) of the EU Regulation, and the country of origin or place of provenance of the primary ingredient, where required by Article 26(3) of the EU Regulation;
(j) instructions for use, in accordance with Article 27(1) of the EU Regulation, where it would be difficult to make appropriate use of the food in the absence of such instructions;
(k) in the case of beverages containing more than 1.2% by volume of alcohol, the actual alcoholic strength by volume, in accordance with Article 28 of the EU Regulation, and
(l) except in the case of food falling within the scope of the legislation listed in Article 29(1) of the EU Regulation, a nutrition declaration—
(i) containing the information required in accordance with Article 30(1) of the EU Regulation,
(ii) calculated in accordance with Article 31(1), (3) and (4) of the EU Regulation,
(iii) expressed in accordance with Article 32 and Article 33(1) to (4) of the EU Regulation,
(iv) presented in accordance with Article 34(1) to (5) of the EU Regulation, and
(v) in which any additional forms of expression other than those referred to in Article 32(2) and (4) and Article 33 of the EU Regulation, and any additional forms of presentation other than those referred to in Article 34(2) of the EU Regulation, are in accordance with Article 35(1) of the EU Regulation.
(2) In the case of food in a glass bottle intended for reuse which is indelibly marked and therefore bears no label, ring or collar, the food business operator is not guilty of an offence under paragraph (1) if the particulars listed at paragraph (1)(a), (c), (e), (f) and (l) are indicated.
(3) In the case of food in packaging or a container the largest surface area of which has an area of less than 10 cm2, the food business operator is not guilty of an offence under paragraph (1) if the particulars listed at paragraph (1)(a), (c), (e) and (f) are indicated, provided that the particulars referred to in paragraph (1)(b) are provided through other means or made available at the request of the consumer.
(4) In the case of foods listed in Annex V to the EU Regulation, the food business operator is not guilty of an offence under paragraph (1) where the only particular not indicated is that listed at paragraph (1)(l).
(5) In the case of beverages containing more than 1.2% by volume of alcohol, the food business operator is not guilty of an offence under paragraph (1) where the only particulars not indicated are those listed at paragraph (1)(b) and (l).
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paragraphs: A food business operator is guilty of an offence if the food business operator places on the market food of a type or category listed in Annex III of the EU Regulation without providing the corresponding particulars listed in that Annex.
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paragraphs: (1) A food business operator is guilty of an offence if the food business operator fails to ensure that mandatory food information is available and easily accessible.
(2) A food business operator is guilty of an offence if the food business operator fails to ensure that mandatory food information for prepacked food appears directly on the package or on a label attached thereto.
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paragraphs: (1) A food business operator is guilty of an offence if the food business operator fails to ensure that mandatory food information is marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible.
(2) A food business operator is guilty of an offence if the food business operator provides mandatory food information which is in any way hidden, obscured, detracted from, or interrupted by, any other written or pictorial matter or any other intervening material.
(3) Save in a case where a specific European Union provision applies to the particular food, a food business operator is guilty of an offence if the food business operator fails to ensure that, in the case of prepacked food, the mandatory particulars listed in Article 9(1) of the EU Regulation are printed on the package or on the label attached thereto in such a way as to ensure clear legibility, in characters using a font size where the x-height, as defined in Annex IV of the EU Regulation, is equal to or greater than 1.2 mm.
(4) A food business operator is guilty of an offence if the food business operator fails to ensure that, in the case of packaging or containers the largest surface area of which has an area of less than 80 cm2 the mandatory particulars listed in Article 9(1) of the EU Regulation are printed on the package or on the label in characters using a font size where the x-height, as defined in Annex IV of the EU Regulation, is equal to or greater than 0.9 mm.
(5) Subject to the exceptions provided in Regulation 7(2) and (3), a food business operator is guilty of an offence if the food business operator fails to ensure that the mandatory particulars listed in Article 9(1)(a), (e) and (k) of the EU Regulation appear in the same field of vision.
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paragraphs: (1) A food business operator is guilty of an offence if the food business operator offers prepacked food for sale by means of distance communication and fails to make mandatory food information, other than the particulars provided in Article 9(1)(f) of the EU Regulation, available before the purchase is concluded—
(a) on the material supporting the distance selling, or
(b) through other appropriate means which are clearly identified by the food business operator and for which the food business operator does not charge consumers supplementary costs.
(2) A food business operator is guilty of an offence if the food business operator offers prepacked food for sale by means of distance communication and fails to make mandatory food information available at the moment of delivery.
(3) Paragraph (1) shall not apply in the case of foods offered for sale by means of automatic vending machines or automated commercial premises.
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paragraphs: A food business operator is guilty of an offence if the food business operator fails to ensure that food it places on the market is accompanied by mandatory food information in—
(a) the English language, or
(b) the Irish language and the English language.
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paragraphs: (1) A food business operator is guilty of an offence where the food business operator provides food information referred to in Articles 9 and 10 of the EU Regulation on a voluntary basis and such information does not comply with—
(a) the applicable requirements laid down in Sections 2 and 3 of Chapter IV of the EU Regulation, and
(b) the presentation requirement in Article 37 of the EU Regulation.
(2) A food business operator is guilty of an offence where the food business operator provides food information on a voluntary basis and such information does not comply with—
(a) the requirements of Article 36(2) of the EU Regulation, and
(b) the presentation requirements of Article 37 of the EU Regulation.
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paragraphs: (1) A food business operator is guilty of an offence where the food business operator supplements the nutrition declaration referred to in Regulation 7(1)(l) with information other than that listed in Article 30(2) of the EU Regulation.
(2) Where the labelling of prepacked food provides the nutrition declaration referred to in Regulation 7(1)(l), the food business operator is guilty of an offence where the food business operator repeats information other than that listed in Article 30(3) of the EU Regulation.
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paragraphs: Where the labelling of non-prepacked food provides a nutrition declaration, the food business operator is guilty of an offence where that declaration does not contain the information referred to in paragraph (a) or (b) of Article 30(5) of the EU Regulation.
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paragraphs: The functions of the State under—
(a) the first subparagraph of Article 35(3) of the EU Regulation, and
(b) Article 35(5) of the EU Regulation,
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paragraphs: (1) The enforcement of these Regulations and of the EU Regulation, shall be carried out in accordance with the provisions of these Regulations.
(2) These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998.
(3) These Regulations shall be enforced by the Authority or by an official agency acting pursuant to a service contract with the Authority, or by both, and, without prejudice to paragraph (1), the enforcement provisions contained in the Act of 1998 shall apply for the purposes of ensuring compliance with the requirements of these Regulations.
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paragraphs: (1) An authorised officer may, for the purposes of these Regulations, purchase or take without payment a sample of food.
(2) An authorised officer may, for the purpose of taking a sample of food open any receptacle.
(3) Where an authorised officer purchases or takes without payment a sample of food with the intention of having it analysed, he or she shall after purchasing or taking the sample forthwith notify the food business operator, or the person in apparent charge or control of the food of his or her intention of having the sample analysed.
(4) Where an authorised officer purchases or takes without payment, with the intention of having it analysed, a sample of food which is suspected by him or her of failing to comply with the provisions of these Regulations, he or she may, by notice in writing to the food business operator, or the person in apparent charge or control of such food, prohibit its removal except to any place which may be specified in the notice, during such period as may be specified in the notice, but not exceeding 15 working days from the date of the taking of the sample.
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paragraphs: (1) Where a sample of food is taken pursuant to these Regulations, for the purposes of official analysis and where the division of the sample is reasonably practicable, the authorised officer concerned shall divide the sample into three approximately equal parts (enforcement, trade (defence) and referee), each of which he or she shall mark in such a way as to identify it as a part of the sample taken by the officer.
(2) Where an authorised officer divides a sample in accordance with paragraph (1), he or she shall, in the presence of the food business operator, or the person in apparent charge or control of such food:
(a) mark, seal and fasten each part in such a manner as its nature will permit, and in such a way that the integrity of the sample is not compromised;
(b) forward one part to the approved examiner in an official laboratory for analysis;
(c) give or send one part to the food business operator; and
(d) retain the third part.
(3) Where an authorised officer takes a sample of food contained in unopened containers and its division into parts—
(a) is not reasonably practicable, or
(b) might affect the composition or impede the proper analysis of the sample,
(4) In proceedings for an offence under these Regulations, the result of any test, examination or analysis of, or report on, a sample of food taken pursuant to these Regulations shall not be adduced unless before the proceedings were instituted the sample was divided as specified in this Regulation. The part, package or container retained by the authorised officer shall be produced at the hearing.
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paragraphs: (1) An authorised officer may, for the purposes of these Regulations, inspect, take or make copies, whether in writing, by photography, electronically or otherwise, of a relevant thing.
(2) Where a sample of a relevant thing related to a food sample taken in accordance with Regulation 18, is taken pursuant to these Regulations, for the purposes of official analysis, the authorised officer shall obtain three identical such relevant things, or take three copies or photographs of such relevant thing.
(3) Where an authorised officer takes a relevant thing related to a food sample taken in accordance with Regulation 18, or a copy or photograph thereof, with the intention of having it analysed, he or she shall—
(a) forthwith notify the food business operator of his or her intention of having the relevant thing, copy or photograph analysed,
(b) mark, seal and fasten each relevant thing, or copy or photograph of the relevant thing, in such a manner as its nature will permit, and in such a way that the integrity of the sample is not compromised,
(c) forward one of the relevant things, or one of the copies or photographs of the relevant thing, to the approved examiner in an official laboratory for analysis,
(d) give or send one of the relevant things, or one of the copies or photographs of the relevant thing, to the food business operator, and
(e) retain the third relevant thing, or the third copy or photograph of the relevant thing.
(4) Where a sample of a relevant thing is taken pursuant to these Regulations, for the purpose of inspection, the authorised officer shall obtain three identical such relevant things, or take three copies or photographs of such relevant thing.
(5) Where an authorised officer takes a relevant thing, or a copy or photograph thereof, with the intention of having it inspected, he or she shall—
(a) forthwith notify the food business operator of his or her intention of having the relevant thing, copy or photograph inspected,
(b) mark, seal and fasten each relevant thing, or copy or photograph of the relevant thing, in such a manner as its nature will permit, and in such a way that the integrity of the sample is not compromised,
(c) give or send one of the relevant things, or one of the copies or photographs of the relevant thing, to the food business operator,
(d) retain one of the relevant things, or one of the copies or photographs of the relevant thing, for the purpose of inspection, and
(e) retain the third relevant thing, or the third copy or photograph of the relevant thing.
(6) In proceedings for an offence under these Regulations, the result of any analysis or inspection of, or report on, a sample of a relevant thing taken pursuant to these Regulations shall not be adduced unless—
(a) before the proceedings were instituted the sample was divided as specified in this Regulation, and
(b) the relevant thing or the copy or photograph of the relevant thing retained by the authorised officer is produced at the hearing.
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paragraphs: (1) The approved examiner or a person under his or her direction shall analyse as soon as possible any sample of food, relevant thing or copy or photograph of a relevant thing submitted to him or her in pursuance of these Regulations and the approved examiner shall certify to the person who submitted same to him or her the result of such analysis.