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SCHEDULE 5SConsequential and other amendments

Consequential and other amendments that have effect on 13th December 2014S

The Food (Lot Marking) Regulations 1996S

3.  The Food (Lot Marking) Regulations 1996 M1 are amended, as follows—

(a)in regulation 2—

(i)omit the definition of “edible ice”;

(ii)in the definition of “first seller established within the European Union”, for “Council Directive 89/396/EECM2, substitute “Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs”M3

(iii)omit the definition of “the Food Labelling Regulations” and the words “and “indication of minimum durability”, “use by date” and “ultimate consumer” have the same meanings as in those Regulations;” following that definition;

(iv)omit the definition of “prepacked” and the words “and “prepacking” shall be construed accordingly;” following that definition;

(v)insert the following definitions in their alphabetical place—

date of minimum durability” has the meaning given in Article 2(2)(r) of Regulation (EU) No 1169/2011;;

ice cream” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs;;

prepacked food” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011 and “prepacking” must be construed accordingly;;

Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;;

ultimate consumer” has the same meaning as “final consumer” in point 18 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety; and;

use by date” has the same meaning as in Regulation (EU) No 1169/2011.; and

(vi)in the definition of “prepacked for immediate sale”, for “the Food Labelling Regulations”, substitute “ Regulation (EU) No 1169/2011 ”;

(b)in regulation 4(e) for “edible ice”, substitute “ ice cream ”; and

(c)in regulation 4(g)—

(i)for “an indication of minimum durability”, substitute “ the date of minimum durability ”; and

(ii)for “the Food Labelling Regulations require”, substitute “ Regulation (EU) No 1169/2011 requires ”.

Marginal Citations

M2OJ No L 186, 30.6.1989, p.21, repealed by Directive 2011/91/EU (OJ No L 334, 16.12.2011, p.1).

M3OJ No L 334, 16.12.2011, p.1.