Annex E
National Measures
Part 1 - Definitions and Claims on Alcoholic Drinks
Introduction
The current Food Labelling Regulations 1996 (as amended) (FLR) contain a number
of “national measures” which set out definitions and conditions for the use of certain
terms. Once the FLRs are revoked, from 13 December 2014, some of these
definitions and/or their associated conditions will no longer be defined in law.
The purpose of this annex is to seek views on the value of retaining these definitions
as national measures. We are also seeking views on whether they should be
absorbed into voluntary guidelines, if these terms are not retained as “national
measures”.
The change in the regulations will also give us the opportunity to amend the
definitions either to make their conditions of use clearer or to remove inconsistencies
with other provisions that may have come into force more recently. There is also an
opportunity to consider the addition of further terms that are currently not defined in
law.
National terms for labelling alcoholic drinks currently defined by FLR
The FLR define the conditions for the use of the following terms relating to alcoholic
drinks:
 “low alcohol” can only be used for drinks with an alcoholic strength by volume
(ABV) of not more than 1.2%
 "alcohol-free" for drinks with an ABV of not more than 0.05%
 "dealcoholised" for drinks with an ABV of not more than 0.5%
 "non-alcoholic" in the composite name "non-alcoholic wine" (subject to certain
conditions)
Position following revocation of FLR (from 13 December 2014)
In our view, all four of the claims listed above would still be permissible following
revocation of FLR.
The separate Nutrition and Health Claims Regulation (NHCR – Regulation (EC) No.
1924/2006) will continue to provide for (subject to national measures) but not define
use of the term "low alcohol" following revocation of the FLR. The term “low alcohol”
will therefore no longer be defined by law in the UK once the FLR are revoked. (It
should be noted that the NHCR is less stringent than the FLR as far as the
conditions imposed on use of the term “low alcohol” are concerned. The FLR permit
use of the term only where the drink has an ABV of not more than 1.2%. The NHCR,
on the other hand, provides for use of this claim where the ABV exceeds 1.2%..)
The claims "alcohol-free", "dealcoholised" and "non-alcoholic" are not explicitly
covered by the NHCR, although the latter does provide for the UK to develop and
Annex E
implement “relevant national rules” regarding “nutrition claims referring to…. the…
absence of alcohol in beverages which normally contain alcohol”. Like “low alcohol”,
the terms “alcohol free”, “dealcoholised” and “non-alcoholic” will therefore no longer
be defined by law in the UK once the FLR are revoked.
These four terms would still be covered by the general rules set out in the Food
Safety Act 1990 (Article 14), which requires that labelling should not mislead as to
the nature, substance or quality of the food. Whether a breach of this more general
provision had occurred would be for the courts to decide. Whilst case law would
develop over time, this is a costly process, and, in the absence of specific conditions
of use for these terms, there would be no clarity for the industry in the short to
medium term on how and when these terms could be appropriately used. Any wider
interpretation of the terms, than is currently the case, may also lead to consumer
confusion, especially if applied inconsistently across different alcoholic beverages.
Other alcohol-related claims provided for by the NHCR
In addition to the term “low alcohol”, the NHCR provides for claims such as "reduced
alcohol" and "reduced energy" (including for drinks containing more than 1.2% ABV),
subject to national rules.
While there are, at present, no national rules controlling a “reduced alcohol” claim,
Government recommends, as a matter of best practice, that such claims only be
made when the alcohol value is reduced by at least 30%. This is consistent with the
“reduced [name of the nutrient]” claim in the Annex of the NHCR.
Similarly, the Government view on “reduced energy” claims on alcohol is that the
energy value should be reduced by at least 30%, in line with the criteria for the claim
“energy-reduced” in the Annex of the NHCR.
Conclusion
The conditions for use of certain terms on the labels of alcoholic drinks permitted on
a national basis by the FLR and the NHCR are summarised in Table 1.
We would welcome consultees’ views on the following questions:
Questions asked in this consultation:
Q1: Should the terms “low alcohol”, "alcohol-free", "dealcoholised" and "nonalcoholic" and their respective conditions of use be retained as national measures
beyond 12 December 2014? Please provide reasons for your position.
Q2: If these terms are retained, should they remain as currently defined? If you
would advocate change, what changes would you like to see made and why?
Q3: If these terms are no longer defined in law, should they be defined by voluntary
agreement, as “best practice” or in official guidelines? Please give reasons for
your answer.
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Q4: As defined above, are the terms “reduced alcohol” and “reduced energy”
useful and usable on all categories of alcohol? For example: is a 30% reduction
requirement for the use of both of these terms both reasonable and practical for all
categories of alcohol drink?
Q5: Are there any other terms relating to alcohol that we should consider defining
in national legislation or voluntary guidelines in order to support our ambition to
reduce the units of alcohol sold and to have a wider range of “lower” alcohol
products on the market? If so, what terms would you like to see defined and how
do you suggest defining them? Please provide reasons for your position.
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Table 1: Claims on alcoholic drinks permitted by Food Labelling Regulations
1996 (FLR) and Nutrition And Health Claims Regulation (NHCR)
CLAIM
Low alcohol
UP UNTIL (AND INCLUDING)
12 DECEMBER 2014
FLR 1996:
Not more than 1.2% ABV1
FROM 13 DECEMBER 2014
NHCR:
Permitted for alcoholic drinks in
excess of 1.2% ABV.
Alcohol-free
FLR 1996:
Not more than 0.05% ABV
Term no longer defined by law.
Dealcoholised
FLR 1996:
Not more than 0.5% ABV
Term no longer defined by law.
Non-alcoholic
FLR 1996:
Permitted in composite name
“non-alcoholic wine” (subject to
certain conditions)
Term no longer defined by law.
Reduced
alcohol
NHCR: Specifically permitted
for drinks in excess of 1.2%
ABV.
UK best practice: Alcohol
reduced by at least 30%.
NHCR: Permitted for drinks in
excess of 1.2% ABV.
UK best practice: Alcohol
reduced by at least 30%.
Reduced
energy
NHCR: Specifically permitted
for drinks in excess of 1.2%
ABV.
No specific UK legislation
controlling “reduced energy”
claim on alcohol. Therefore,
our view is that the criteria for
the “reduced energy” claim in
the annex of the NHCR should
be used on alcoholic
beverages. For example, you
could simply state: “reduced
energy – 30% fewer calories”
NHCR: Permitted for drinks in
excess of 1.2% ABV.
1
ABV = Alcoholic strength by volume
No specific UK legislation
controlling “reduced energy”
claim on alcohol. Therefore, our
view is that the criteria for the
“reduced energy” claim in the
annex of the NHCR should be
used on alcoholic beverages.
For example, you could simply
state: “reduced energy – 30%
fewer calories”.
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Part 2 - Compositional Standards for Ice Cream, Cheese and Cream
We have to decide whether it is necessary to carry forward all or some of the
provisions relating to ice cream, cheese and cream that are in regulation 42 of, and
Parts II and III to, the Food Labelling Regulations 1996. If the provisions are not
carried forward then they cease to have legal force in Scotland when the Food
Labelling Regulations 1996 are revoked on 13th December 2014.
Regulation 42 of FLR, make restrictions on the composition of ice cream and dairy
ice cream such that the names ‘ice cream’ and ‘dairy ice cream’ must not be used in
the labelling of products that do not meet the requirements specified in the
Regulations. These compositional standards correspond to those in ‘Euroglace’,
voluntary standards which have been agreed by industry federations across the EU.
Regulation 42 and Parts II and III of the Food Labelling Regulations, make
restrictions on the composition of certain types of cheese and cream such that the
names appearing in the Regulations must not be used in the labelling of products
that do not meet the requirements specified in the Regulations.
With the cheeses specified, this includes a maximum percentage of water in each
named cheese, and that the amount of milk fat in any of those named must not be
less than 48%. With the creams specified, it includes the minimum percentage of
milk fat as well as other attributes, for example that ‘whipped cream’ has been
whipped, or that ‘sterilised cream’ has been sterilised.
These Regulations do not apply to products which are brought into Scotland from
other European states where they are legally sold. The same restriction would apply
in any national provisions that came in to replace them.
Some of the cheeses covered are additionally covered by Protected Designation of
Origin (PDO) status, these being blue and white Stilton and single Gloucester. The
PDO specifications for these do not overlap the provisions of the Regulations.
Cheddar cheese is covered by a Codex standard which includes compositional
requirements.
Apart from these, the English cheeses covered are; Derby, Leicester, Cheshire,
Dunlop, Double Gloucester, Caerphilly, Wensleydale, Lancashire.
Questions asked in this consultation:
Q1: Is it necessary to carry forward the ice cream, cheese and cream provisions?
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Part C - Other National measures in the FLR
National measures in the FLR 1996 as amended: Policy development
It is intended that the following provisions of the Food Labelling Regulations 1996
(http://www.legislation.gov.uk/uksi/1996/1499/contents/made) are not replicated in the
national Food Information Regulations (which will implement the European legislation).
We would like your views on whether you believe that the proposed course of action would
cause difficulties for ensuring that current standards are maintained.
Regulation (FLR ref/description)
Reg 3 (1)
Exemptions from labelling controls for
products imported from other Member
States or EEA States, subject to the
product being in compliance with
specific requirements of Directive
2000/13/EC.
http://www.legislation.gov.uk/uksi/199
6/1499/regulation/3/made
Reg 3 (3) (a)
Exemptions from labelling controls for
food not intended for sale for human
consumption
http://www.legislation.gov.uk/uksi/199
6/1499/regulation/3/made
Reg 3 (3) (b)
Exemptions for food supplied under
Govt contract for consumption by HM
forces or supplied for consumption by
a visiting force within the meaning of
any of the provisions of Part I of the
Visiting Forces Act 1952, and was
prepared and labelled for sale before
16th November 1992.
http://www.legislation.gov.uk/uksi/199
6/1499/regulation/3/made
Comments
Annex E
Regulation 4(3) (c)
Food prepared "otherwise than in the
course of a business" is exempted
from Part II of the Labelling
Regulations-the exemption for
charities
http://www.legislation.gov.uk/uksi/199
6/1499/regulation/4/made
Regulation 16 (2)
Water which is added to any frozen or
quick-frozen chicken carcasses in
accordance with the appropriate
marketing standard need not be
declared on ingredients lists.
http://www.legislation.gov.uk/uksi/199
6/1499/regulation/16/made
Regulation 18 (1) (f)
Drinks with an alcoholic strength by
volume of more than 1.2% need not
bear a list of ingredients.
http://www.legislation.gov.uk/uksi/199
6/1499/regulation/18/made
Regulation 18 (3)
If a food which is not required to bear
a list of ingredients chooses to do so,
this list must be structured and
presented in accordance with the
requirements of the Regulations.
http://www.legislation.gov.uk/uksi/199
6/1499/regulation/18/made
Regulation 31 (3)
Requirements as to the
marking/labelling of containers
containing raw * milk do not apply to
raw milk from buffaloes.
http://www.legislation.gov.uk/uksi/199
6/1499/regulation/31/made
*Sales of raw milk and cream intended for direct human
consumption are banned in Scotland under the Food
Hygiene (Scotland) Regulations 2006.
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Regulation 37(1)
Milk contained in a bottle may give
any labelling information it is required
to be marked with on the bottle cap
http://www.legislation.gov.uk/uksi/199
6/1499/regulation/37/made
Schedule 1 (2)
The name used for melons sold as
such should include or be
accompanied by an indication of their
variety
http://www.legislation.gov.uk/uksi/199
6/1499/schedule/1/made
Schedule 2 (1)
The name used for any meat that has
been treated with proteolytic enzymes
shall include or be accompanied by
the word "tenderised”
http://www.legislation.gov.uk/uksi/199
6/1499/schedule/2/made
Schedule 8, Part I: Specified
restrictions on the use of the terms
a)
“ice-cream”
b)
“dairy ice-cream”
c)
“milk”
http://www.legislation.gov.uk/uksi/199
6/1499/schedule/8/made
Schedule 8, Part II: Specified
restrictions on the use of (2)
Names for cream products (Clotted
cream, Double cream, Whipping
cream, Whipped cream, Sterilised
cream, Cream or single cream,
Sterilised half-cream, Half cream)
based on their fat contents and their
specific properties
http://www.legislation.gov.uk/uksi/199
6/1499/schedule/8/made
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It is intended that the following provisions of the Food Labelling Regulations 1996 are not
replicated in the national Food Information Regulations, however, it is proposed that
guidance is introduced to encourage food business operators to continue to operate to the
standards in the Food Labelling Regulations. We would like your views on whether you
believe that the proposed course of action would cause difficulties for ensuring that current
standards are maintained.
Regulation (FLR ref/description)
Regulation 6 (2)
The names listed in Schedule 1 of
the FLRs shall be considered names
prescribed by law for the products
melons, potatoes and vitamins.
 For melons and potatoes, the
names used should be
accompanied by their variety.
 For vitamins, the names specified
in Schedule 6 of the FLR should
be used, except that for ‘folacin’
“folic acid” may also be used and
‘vitamin K’ shall be “vitamin K”.
http://www.legislation.gov.uk/uksi/
1996/1499/regulation/6/made
Schedule 1 (3)
The name used for potatoes sold as
such should include or be
accompanied by an indication of
their variety
http://www.legislation.gov.uk/uksi/19
96/1499/schedule/1/made
Comments
Annex E
Regulation 6 (3)
This provision permits the name to
be qualified by other words which
make it more precise, unless such
qualification is prohibited.
http://www.legislation.gov.uk/uksi/19
96/1499/schedule/6/made
Regulation 9
The name of a food may consist of a
name or of a description or of a
name and a description and may
contain more
than one word.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/9/made
Regulation 19 (2A) (a)
QUID requirements will not be
triggered by the statutory
declarations "with sweetener(s)" or
"with sugar(s) and sweetener(s)"
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/19/made
Regulation 19 (2A) (b)
QUID requirements will not be
triggered by the addition of any
vitamin or mineral to a food, if that
substance is the subject of nutrition
labelling
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/19/made
Annex E
Regulation 19 (4) (a)
QUID declarations for products
which lose moisture during
processing shall be determined by
reference to the weight of the
finished product unless that quantity,
or the total quantity of the
ingredients or categories of
ingredients indicated, would exceed
100%, in which case the indication of
quantity shall be on the basis of the
weight of the ingredient or category
of ingredients used to prepare 100g
of the finished product
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/19/made
Regulation 19 (4) (b)
QUID declarations for volatile
ingredients should be determined on
the basis of the weight of that
ingredient in the finished product
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/19/made
Regulation 19 (4) (c)
QUID declarations for
concentrated/dehydrated ingredients
which are reconstituted during the
preparation of the food may be on
the basis of the reconstituted
ingredient
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/19/made
Annex E
Regulation 19 (4) (d)
Where foods are sold in
concentrated/dehydrated form to the
consumer, the QUID declaration for
ingredients may be determined on
the basis of the product prepared as
directed
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/19/made
Regulation 23 (1) (a)
Food which is not pre-packed, or is
pre-packed for direct sale, need not
be labelled with any of the "general
labelling requirement" with the
exception of the name of the food
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/23/made
Annex E
The following provisions are also currently being discussed, with the expectation that they
will not be replicated in the national Food Information Regulations. We would like your
views on whether you believe that the proposed course of action would cause difficulties for
ensuring that current standards are maintained.
Regulation (FLR ref/description)
Regulations 3 (4) and (5)
Applicability of the FLR to natural
mineral water.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/3/made
Reg 4 (3) (a)
Provides exemption from most
labelling provisions for drinks bottled
before 1st Jan 1983 with abv >1.2%,
provided labelling conforms to
requirements applicable at time of
bottling.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/4/made
Regulation 18 (1) (e)
Flour to which no substances other
than the 4 statutory nutrients (iron,
thiamine, calcium and niacin)
required by the Bread and Flour
Regulations 1998, has been added,
need not bear a list of ingredients
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/18/made
Comments
Annex E
Regulation 20 (3) (b) and
Regulation 21 (3) (b)
The appropriate storage conditions
may be separated on the label from
the words ‘best before’/’use by’
provided that a reference to where
this information is on the label.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/20/made
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/21/made
Regulation 23 (1) (b)
Flour confectionery packed in a
crimp case (subject to additional
requirements) need not be labelled
with any of the "general labelling
requirement" with the exception of
the name of the food
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/21/made
Regulation 23 (1) (c)
Individually wrapped fancy
confectionery products which are not
enclosed in further packaging and
which are intended for sale as single
items need not be labelled with any
of the ‘general labelling requirement’
with the exception of the name of the
food
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/23/made
Regulation 23 (2) (b)
Additional labelling requirements
specified for non-prepacked milk (in
certain circumstances).
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/23/made
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Regulation 23 (3)
Non-prepacked (or pre-packed for
direct sale) white bread, flour
confectionery or carcasses and parts
of carcasses which are not intended
for sale in one piece, need not be
marked with any of the "general
labelling requirement"
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/23/made
Regulation 26 (3)
Exemptions from labelling
requirements for food sold or
supplied as an individual portion
which is intended for use as a minor
accompaniment to another food or
service.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/26/made
Regulation 28
Exemptions from labelling
requirements for the outer packaging
of seasonal selection packs,
providing that each item contained
within the pack is labelled in
accordance with the Regulations.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/28/made
Regulation 30 (1)
a) The indication of alcoholic
strength (required for prepacked
alcoholic drink other than
Community controlled wine with
an abv of greater than 1.2%)
must be given in the form of a
figure to not more than one
decimal place
b) The indication of alcoholic
strength (required for prepacked
alcoholic drink other than
Annex E
Community controlled wine with
an abv of greater than 1.2%)
must be preceded by the word
"alcohol" or the abbreviation "alc"
c) The indication of alcoholic
strength (required for prepacked
alcoholic drink other than
Community controlled wine with
an abv of greater than 1.2%)
must be followed by the symbol
%vol
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/30/made
Regulation 30 (2) and (3)
Indication of alcoholic strength
(required for prepacked alcoholic
drink other than Community
controlled wine with an abv of
greater than 1.2%) is subject to +ve
and –ve tolerances, specified in
Schedule 5 of the Regulations, and
should be determined in a specified
manner
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/30/made
Regulation 31 (1)
Subject to limited exemptions, any
container in which raw* milk is sold
should be marked or labelled with
the words "This milk has not been
heat treated and may therefore
contain organisms harmful to health.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/31/made
*Sales of raw milk and cream intended for direct human
consumption are banned in Scotland under the Food
Hygiene (Scotland) Regulations 2006.
Annex E
Regulation 31 (2)
Raw* milk sold non-prepacked at
catering establishments must
indicate ‘Milk supplied in this
establishment has not been heattreated and may therefore contain
organisms harmful to health’ (either
on a label attached to the container
in which the milk is sold, or on a
ticket or notice which is readily
discernible at the point of sale).
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/31/made
Regulation 42 (2) (a)
The "territorial cheese" names listed
in Part II of Schedule 8 shall not be
used in the labelling or advertising of
any cheese as the name of the
cheese (whether or not qualified by
other words) if amount of water in
the cheese exceeds the percentages
stated in Schedule 8 in relation to
these cheese names.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/42/made
Regulation 42 (2) (b)
The "territorial cheese" names listed
in Part II of Schedule 8 shall not be
used in the labelling or advertising of
any cheese as the name of the
cheese (whether or not qualified by
other words) if the amount of milk fat
in the dry matter of the cheese is
less than 48%.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/42/made
*Sales of raw milk and cream intended for direct human
consumption are banned in Scotland under the Food
Hygiene (Scotland) Regulations 2006.
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Regulation 42 (3)
The "cream" names listed in Part III
of Schedule 8 should not be used in
the labelling or advertising of any
cream as the name of the cream
unless the requirements specified in
that Schedule are met. However the
requirements as to the milk fat
content need not be complied with if
the name contains qualifying words
which indicate that the milk fat
content of the cream is greater or
less than that specified.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/42/made
Regulation 43 (4)
Restrictions on the use of the term
"non-alcoholic wine"
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/43/made
Schedule 8, Part II: Specified
restrictions on the use of (1)
Certain "territorial cheese"
names (Cheddar, Blue Stilton,
Derby, Leicester, Cheshire,
Dunlop, Gloucester, Double
Gloucester, Caerphilly,
Wensleydale, White Stilton and
Lancashire), based on the
maximum percentage of water
and minimum fat content of the
product
http://www.legislation.gov.uk/uksi/19
96/1499/schedule/8/made
Annex E
Regulation 29 (1)
Foods sold from vending machines
should indicate the name of the food
on the front of the machine, unless
the name appears on the labelling of
the food in such a manner as to be
clearly legible to an intended
purchaser through the outside of the
machine.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/29/made
Regulation 39 (1)
Where a food is required to be
marked with one or more of the
following indications, such
indications should appear on the
labelling in the same field of vision Name of the food, an appropriate
durability indication, an indication of
alcoholic strength by volume, the
cautionary words in respect of raw*
milk, warnings that skimmed milk
with non-milk fat is not suitable for
babies, an indication of net quantity
as required by weights and
measures legislation.
http://www.legislation.gov.uk/uksi/19
96/1499/regulation/39/made
*Sales of raw milk and cream intended for direct human
consumption are banned in Scotland under the Food
Hygiene (Scotland) Regulations 2006.