Draft Food Labelling (Declaration of Allergens) (Scotland) Regulations 2008

Draft Food Labelling (Declaration of Allergens) (Scotland) Regulations
European Union (EU) legislation currently requires that specified allergenic ingredients used in pre-packed foods are clearly declared. The Regulations that are the subject of this consultation will implement Directive 2007/68/EC into Scottish Law. This Directive repeals a previous Directive (2005/26/EC) that has now expired, which provided temporary exemption from the allergen labelling requirements for certain derived ingredients and substances that were not likely to cause allergenic reactions. Applications for permanent exemptions were submitted to the European Food Safety Authority. Directive 2007/68/EC now provides permanent exemption for a number of derived ingredients and substances. This letter formally seeks your views on draft national legislation to implement the EC Directive.

Separate but parallel legislation will be made in England, Wales and Northern Ireland.

Partial Regulatory Impact Assessment
The options are set out in the Partial Regulatory Impact Assessment in respect of an amendment to the Food Labelling Regulations 1996 (as amended) (in so far as they apply in relation to Scotland). These amending Regulations (draft Food Labelling (Declaration of Allergens) (Scotland) Regulations 2008) implement Commission Directive 2007/68/EC of 27 November 2007, which amends Annex IIIa of Directive 2000/13/EC of the European Parliament and of the Council listing the ingredients which are exempt from food allergen labelling requirements.

Guidance notes
The Agency has also taken this opportunity to update the existing allergen labelling guidance notes by incorporating the new provisions. The Agency would welcome comments on the content and clarity of this document.

Copies of all the documents mentioned above are included in the accompanying consultation document at the link below.

Request for early responses
The Cabinet Office Code of Practice states that a written consultation must be held for a minimum of 12 weeks at least once during the development of the policy. In order to have the necessary legislation in place within the deadlines set by the Directive, this consultation is not being held for a full 12 weeks.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk