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Food standards guide

If you run a business that deals with food, this page includes the standard paragraphs that we refer to when we write to you following a visit we have made to your premises.

The Materials and Articles in Contact with Food (Scotland) Regulations 2012

Non-food grade plastics and packaging can contain potentially harmful chemicals which can migrate into food; therefore, it is important that any bags/containers used to store food materials are ‘food grade’. Food grade materials are marked with a symbol of a fork and cup:

You must provide food grade containers for items decanted from their original packaging or leave the food within its packaging in the containers.

You must include certain information on food labels. There are more details in the sections below. 

Regulation (EU) No 1169/2011, Article 9

The following details require to be included on a product label if you are pre-packing foods for sale. This applies to foods that are produced and packaged by a business, but not sold by that business to the final consumer.

  1. The name of the food
  2. The list of ingredients
  3. Any allergenic ingredient or processing aid
  4. The quantity of certain ingredients or categories of ingredients
  5. The net quantity of the food
  6. The date of minimum durability or the ‘use by’ date
  7. Any special storage conditions and/or conditions of use
  8. The name or business name and address of the food business operator
  9. The country of origin or place of provenance
  10. Instructions for use if necessary
  11. With respect to beverages containing more than 1.2% volume, the actual alcoholic strength
  12. A nutrition declaration.

Regulation (EU) No 1169/2011, Article 13

Legibility is defined by the regulations as ‘the physical appearance of information, by means of which the information is visually accessible to the general population and which is determined by various elements, inter alia, font size, letter spacing, spacing between lines, stroke width, type colour, typeface, width height ratio of the letters, the surface of the material and significant contrast between the print and the background’.

You are required to ensure that all mandatory labelling is in a conspicuous place, clearly visible and legible. It must not be obscured or detracted from by any other pictorial or written advertisement.

The mandatory particulars must be printed on the package using the correct font size. This is calculated based on the ‘x-height’ applicable to the largest surface of the packaging. The ‘x-height’ is the distance between the upper and lower edges of the letter ‘x’ when written in lower case.

The following table outlines the minimum ‘x height’ depending upon the area surface of the pack:

Surface area of pack Minimum required 'x-height'
Greater or equal to 80cm2 1.2mm
Between 25cm2 and 80cm2 0.9mm
Less than 25cm2 0.9mm, but exempt from the mandatory nutritional information.
Less than 10cm2 0.9mm for the name, allergens, durability date and net quantity. Ingredients can be provided via other means, or upon request.

Regulation (EU) No 1169/2011, Article 14

When a business is distance selling food, for example over the internet, the information that requires to be provided to the consumer is the same as when purchasing the product in a shop.

This mandatory information (except durability dates) must be made available before the purchase is made and appear on the material supporting the distance selling, i.e. your website. Furthermore, the mandatory information must be provided to the consumer free of charge. All mandatory information must also be provided at the moment of delivery to the consumer.

Regulation (EU) No 1169/2011, Article 15

Mandatory food information is required to be provided in a language that is easily understood in the country in which it is sold. Therefore, all items sold in Aberdeen require to be labelled in English.

The responsibility for making sure that food is labelled correctly lies with the business packaging the food if it is being made in the UK or if it is being produced specifically for sale in the UK. If food is being imported from abroad, it is the responsibility of the business importing that food to ensure that it is appropriately labelled. If you are selling any packaged food that is not labelled in English, you must take this matter up with your supplier.

Regulation (EU) No 1169/2011, Article 17

The name of a product must be clear enough to the average consumer to indicate the true nature of the food. If the name used is not a customary name and is unclear, it must be accompanied by a descriptive name, for example underneath the given name, that gives a precise description.

The regulations require that the name of a product must be one of the following:

  1. Legal name – that is its legally defined name.
  2. Customary name – names that have come to be accepted by consumers as the name of a product without the need for further description, e.g. ‘bakewell tart’
  3. Descriptive name – If neither of the above apply, the name used must be precise enough to describe the nature of the product, whilst at the same time distinguishing it from other foods with which it could be confused.

The name of the food must also include any relevant particulars regarding the physical condition or previous treatment of the food, for example previously frozen, smoked etc.

Regulation (EU) No 1169/2011, Article 18

The list of ingredients must be headed or preceded by a suitable heading which consist of or includes the words ‘ingredients’. Ingredients must be included in descending order of weight, as recorded at the time of their use in the manufacture of the food.

A compound ingredient is an ingredient, which contains other ingredients, for example a chicken stock cube. When listing the constituent ingredients of a compound ingredient, this can be done by listing each constituent ingredient as ingredients of the whole product, or by listing the constituent ingredients immediately after the compound ingredient.

For example; chicken stock cube (Salt, Potato Starch, Vegetable Fat, Yeast Extract, Sugar, Chicken Fat (2%), Chicken Powder (1%), Spices (Turmeric, White Pepper, Celery Seeds), Flavourings, Onion, Maltodextrin, Powdered Lemon Juice, Parsley, Colour (Plain ramel), Antioxidant (Rosemary Extract).

Regulation (EU) No 1169/2011, Article 21

All products that are pre-packed must emphasise any of the 14 major allergens present in that product in the ingredients list. The allergen contained within the ingredients list must be readily distinguishable from the rest of the ingredients, for example in italics or bold type.

When labelling allergens within the ingredients list, the allergen must be labelled with the specific term provided for in the legislation.

For example, cereals containing gluten must be labelled with the specific name of the cereal, for example flour (wheat).

If a product does not require to be labelled with an ingredient list, it must still be labelled with a statement to inform the consumer, for example ‘Contains: egg’.

You can find further detailed guidance on these requirements on the Food Standards Agency website.

Regulation (EU) No 1169/2011, Article 44

All food businesses are required to provide detailed information about the allergenic ingredients within each of the food items that you sell, should a customer request it. The accurate provision of this information is vital to prevent a customer consuming a product which could have life threatening consequences. Failure to provide accurate information within establishments in the UK has previously resulted in a fatality and the conviction of a food business operator for manslaughter and is therefore of great importance both to the business and the customer.

The 14 major allergens that must be declared are as follows:

  • Cereals containing gluten (such as wheat, including spelt and khorasan, rye, barley and oats and their hybridised strains)
  • Crustaceans (for example prawns, crab and lobster)
  • Eggs
  • Fish
  • Peanuts
  • Soybeans
  • Milk
  • Nuts (namely almonds, hazelnuts, walnuts, pecan nuts, Brazil nuts, pistachio nuts, cashew, macadamia nuts or Queensland nuts)
  • Celery (including celeriac)
  • Mustard
  • Sesame
  • Sulphur dioxide/sulphites (preservatives used in some foods and drinks) at levels above 10mg per kg or per litre
  • Lupin
  • Molluscs (for example clams, mussels, whelks, oysters, snails and squid)

Allergen information can be provided verbally via discussion or it could be displayed as signage or in a menu. If you are going to provide this information verbally, it must still be documented to ensure that all staff members can quickly access the relevant information. If this information is not displayed for customers to see, a sign must be displayed advising customers where it can be found, i.e. asking staff. This information only relates to the fourteen major allergens named within the legislation, as above.

To do this, you will need to look at each item you serve and examine the allergen information on each ingredient used, including any oils used for cooking. It is recommended that you create a matrix detailing the allergens within each food. If you source an ingredient from a different supplier, the product labelling must be checked against your existing information in case the allergenic content is different.

You can find more information on this requirement and a list of the fourteen allergens that must be included on the Food Standards Agency website and the Food Standards Scotland website

You can also download an example allergen matrix to complete.

Regulation (EU) No 1169/2011, Article 22

It is a requirement to quantify certain ingredients or categories of ingredients in the instances where:

  • The ingredient appears in the name of the food or is usually associated with the name by the consumer;
  • The ingredient is emphasised on the labelling, words, pictures or graphics, or;
  • The ingredient is essential to characterise a food and distinguish it from products with which it may be confused.

The quantity of an ingredient/category of ingredients must be expressed as a percentage of the weight of the final product. The weight of the declared product must be calculated at the time of use in the preparation of the food. This percentage needs to be indicated in or next to the name of the food, or in the list of ingredients adjacent to the ingredient or category of ingredients in question. All ingredients must be listed in order of descending weight.

Example: Cheese Sandwich

% of cheese = weight of cheese added ÷ weight of finished sandwich

Ingredients: Bread, Cheese (40%), Butter.

If you are adding ingredients by hand, for example hand decorating, and cannot ensure an exact weight is achieved each time, you should calculate the minimum percentage that you can guarantee will always be added thereby ensuring that the percentage present is always equal to or greater than that declared.

Regulation (EU) No 1169/2011, Article 24

Foods which, from a microbiological point of view, are highly perishable and are therefore likely after a short period to constitute an immediate danger to human health must be labelled with a ‘use by’ date. All other foods must be labelled with a ‘best before’ date. After the ‘use by’ date a food shall be deemed to be unsafe in accordance with Article 14(2) to (5) of Regulation (EC) No 178/2002 and it is an offence to sell or expose it for sale.

A ‘best before’ date is used for food products such as canned, dried, ambient and frozen foods. It is used as an indicator of quality rather that safety. Although it is not an offence to sell; or expose for sale; or have in your possession for sale; any food past its ‘best before’ date you may be committing an offence under Section 14 of the Food Safety Act 1990 if this food is found to be not of the nature, substance or quality demanded by the customer.

Under Regulation (EC) No 178/2002, Article 14 it is an offence to place food on the market that is unsafe or unfit for human consumption. The retailer is responsible for ensuring that food sold has not deteriorated beyond the point acceptable to the consumer. It is an offence to sell food that is unfit for human consumption or not of the 'quality demanded'.

The decision as to whether a food requires a ‘best before’ or ‘use by’ date should be decided while you’re are developing your food safety management system. Furthermore, whatever shelf life you decide to apply to your product will require supporting evidence, which can be achieved through microbiological testing.

You must therefore arrange for the microbiological testing of your products by a competent accredited party. This will help in determining a suitable shelf life for your products as well as ensuring your products remain safe to eat and/or in good quality.

Regulation (EU) No 1169/2011, Article 25

Packaged foods that require special storage conditions to ensure they remain safe or of the quality demanded, require to be labelled with these storage conditions. For example: ‘keep refrigerated’.

Food that has been packaged in a manner that inhibits the growth and reproduction of bacteria, for example modified atmosphere packaging, can be safely kept until the use-by date when the packaging is intact. When the product is opened the storage conditions and/or time limit for consumption require to be adjusted and this should be indicated on the packaging.

Regulation (EU) No 1169/2011, Article 26

The country of origin or place of providence requires to be included as part of the label where either:

  1. Failure to provide this information would mislead the consumer. For example, a tin of shortbread that is advertised pictorially with images of Scotland but is produced in another country, or;
  2. For meat detailed within the Annex to the Regulations.

Where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient:

  1. the country of origin or place of provenance of the primary ingredient in question shall also be given; or
  2. the country of origin or place of provenance of the primary ingredient shall be indicated as being different to that of the food.

Regulation (EU) No 1169/2011, Article 30

Labelling requirements relating to the provision of nutritional information on labelling came into force in December 2016. These requirements apply to products unless the largest surface area of the packaging is less than 25cm2. The mandatory nutritional declaration must include:

  • Energy value (in both kilojoules (kJ) and kilocalories (kcal))
  • The amounts (in grams (g)) of fat, saturates, carbohydrates, sugars, protein and salts

See further detailed guidance on this requirement.

Regulation (EC) No 178/2002, Article 18

All food businesses must have robust procedures in place to allow them to trace the food handled on a one step backwards, one step forwards basis. You must be able identify where all products you handle are coming from and to and which business customers you are supplying with products on a daily basis (this does not apply to sales to the final consumer). In the event of a product recall or withdrawal, you must be able to quickly identify whether you hold any affected product, or whether you have supplied any affected product and if so to which business, in order that it can be removed from sale.

As a minimum, traceability records should include the address of the customer or supplier, nature and quantity of products, and the date of the transaction and delivery. This can be done through several methods, including the use of batch codes, use by dates, delivery notes and invoices. Generally, this type of information is already gathered as standard practice, however you must ensure it is sufficiently organised and available within a short timescale should it be needed for a withdrawal or recall.

The aim of the Regulations is to establish a system of traceability within food businesses which allows targeted and accurate withdrawals to be undertaken or information given to consumers or control officials in the event of food safety problems.

Regulation (EC) 178/2002, Article 16

The labelling, presentation and advertising of food must not mislead the consumer. Terms commonly used to describe food products, such as ‘pure’; ‘fresh’; ‘natural’; ‘homemade’; ‘authentic’; ‘original’ can only be used in certain circumstances where the characteristics of the food and the method of preparation allow for it.

For further detailed guidance on the use of such terms please contact us.

Regulation (EC) No 1333/2008 on Food Additives (as amended by Commission Regulation (EU) No 232/2012)
Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013

The consumption of certain artificial food colours have been linked to increased hyperactivity in children. The legislation has therefore banned or restricted the use of certain artificial colourings as follows:

  • Sunset yellow FCF (E110) - not permitted to be used within either sauces or seasonings.
  • Quinoline yellow (E104) - may be used in seasonings to a maximum concentration of 10 mg/kg and within sauces to a maximum concentration of 20 mg/kg.
  • Ponceau 4R (E124) - not permitted to be used within either sauces or seasonings.

If the above named artificial colours and those included below are used within any foods, a mandatory warning must be put on the label, included within your menu or displayed in a notice at the point of sale. The warning must state which colours are present in which foods and declare that they ‘may have an adverse effect on activity and attention in children’.

  • Carmoisine (E122)
  • Allura red (E129)
  • Tartrazine (E102)

Regulation (EU) No 1169/2011
The Food Information (Scotland) Regulations 2014
The Cocoa and Chocolate Products (Scotland) Regulations 2003

The Cocoa and Chocolate Products (Scotland) Regulations 2003 are very specific about the descriptions of chocolate, milk chocolate and extra fine chocolate etc. Furthermore specific contents of cocoa solids, milk solids, cocoa butter and milk fat must be declared accordingly.

Therefore, the terminology used to describe chocolate products must be accurate and in line with these requirements.

You can find out more about these descriptions and the related minimum percentage required in the Quick Guide to Chocolate from the Food Standards Agency

The Cocoa and Chocolate Products (Scotland) Regulations 2003 require that chocolate products be labelled with a declaration of the quantity of cocoa solids, the milk content (where applicable) and any vegetable fats that are used in addition to cocoa butter. This must be declared as follows: ‘Cocoa solids X% minimum’ and must appear in the same field of vision as the ingredients list but be clearly separated from it.

Common Organisation of the Markets (CMO) Regulation (EU) No 1379/2013
Food Information to Consumers (FIC) Regulation (EU) No 1169/2011

Fish or shellfish products displayed for sale must be accurately labelled. Under the above CMO regulations, the following information is required on the label of unprocessed or smoked fish products sold at retail; for unpackaged products it can be by provided by other means, such as billboards or posters:

  • Commercial designation and scientific name (e.g. hake and its scientific name Merluccius).
  • Production method (e.g. “caught” or “farmed”).
  • Area where the product was caught or farmed (e.g. FAO 27 or sub-area).
  • Category of fishing gear used (e.g. line caught).
  • Whether the product has been defrosted.
  • Date of minimum durability, where appropriate (e.g. ‘Best Before’ date).
  • Additional voluntary information can also be given.

Fish imported from outside the EU are exempt from the traceability requirements, but it is still a requirement to provide catch information to the consumer for these products.

Under the FIC regulations mentioned above, you will also need to provide the following information on the label of packed fish:

  • Net weight of the product.
  • ‘Frozen on’ date on products that have not been processed, e.g. cured, smoked, dried etc.

Regulation (EC) 1760/2000
The Beef and Veal Labelling (Scotland) Regulations 2010

Compulsory beef labelling applies to all fresh and frozen beef and veal at all stages of the production chain to allow beef on sale to be traced back to where it originated from. You must ensure that all beef on sale from your premises is labelled appropriately and includes:

  1. A reference number or code to link the meat and the animal.
  2. The name of the member state or non-EU country in which the animal or group of animals were born.
  3. The name of the member state or non-EU country in which the animal or group of animals were raised.
  4. The words ‘Slaughtered in: [name of member state or non-EU country]’.
  5. The approval number of the slaughterhouse – this doesn’t apply to beef sold loose over the counter.
  6. The words ‘Cutting/cut in: [name of member state or non-EU country]’.
  7. Approval number of the cutting plant(s) – this doesn’t apply to beef sold loose over the counter.

If beef is derived from animals born, raised and slaughtered either in the same member state or non-EU country, they may simply be labelled with ‘Origin: [same of member state/non-EU country]’.

Regulation (EC) No 1924/2006
The Nutrition and Health Claims (Scotland) Regulations 2007 (as amended)

The above legislation states that a nutrition claim is one that states, suggests or implies that a food has beneficial nutritional properties due to energy content, nutrients or other substances it contains. A health claim is one that states, suggests or implies that a relationship exists between a food and health.

Any such claim made about a food product either on a product label or associated advertising must be based on and substantiated by generally accepted scientific data, such as a food analysis report. A claim is only permitted if the average consumer can be expected to understand the beneficial aspects of the claim and it is the food business operator’s responsibility to justify the use of any claim.

It should be noted that the use of the following claims is prohibited:

  • That the food has tonic properties (use of the word ‘tonic’ in ‘Indian tonic water’ is an exception to this)
  • That a food has properties that prevent, treat or cure human disease.

You can find further guidance on how a claim can be made and what constitutes a claim on the Food Standards Scotland website.

Eggs (Marketing Standards) Regulations 1995

While it is not generally an offence to use foods past their best before date, it is an offence under the above regulations to stock eggs that are stale and no longer meet Class “A” standards.

All eggs are marked with a “best before” date that is 28 days after the day they are laid. After this date has passed, food poisoning bacteria may start to multiply within the eggs and you cannot guarantee they are safe to eat.

You must not accept the delivery of eggs from your supplier if they have less than 7 days to go before their best before date is reached. In addition, to ensure eggs are kept fresh and do not deteriorate, they must be stored in a cool place away from direct sunlight.

The Products Containing Meat etc. (Scotland) Regulations 2014
Regulation (EU) 1169/2011

All retail businesses selling meat products loose over the counter are required to display signage detailing the Quantitative Ingredients Declaration (QUID) of the meat contained within these products, such as meat pies, sausages and sausage rolls.

All meat products such as pies, sausage rolls, and sausages sold loose from your premises, whether raw or cooked must be accompanied with the following information:

  • Name of food
  • Category of additive if present in the food i.e. colour or flavour enhancer, antioxidant, sweetener or preservative.
  • Meat content (as %)

This information can appear on a label attached to the food or on a notice or label that is readily visible to the customer when they are choosing the food.

If you are buying in these products readymade then this information should be provided on the product label or supporting documentation. If you are making these products on site, the meat content must be calculated for each product based on the set recipe used. Should you change your raw ingredients or alter your recipe, you will need to re-calculate the percentage meat content.

While you are required to display the actual percentage meat content of each meat product, each product must meet a minimum percentage of meat, as provided in Schedule 1 of the Products Containing Meat etc. (Scotland) Regulations 2014. The minimum meat content required for each product differs depending on the specific name used to describe the product and the species of meat used, for example:

  • A ‘Burger’ made from beef requires a minimum beef content of 62%.
  • An ‘Economy Burger’ made from beef requires a minimum meat content of 47%.
  • A ‘Burger’ made from pork requires a minimum meat content of 67%.

European Definition of Meat (‘EC Meat’)

The regulations define ‘meat’ or ‘EC meat’ as ‘skeletal muscle with naturally included or attached tissue’.

These regulations set specific limits for the amount of fat and connective tissue (rind, tendon, skin etc) that is permitted to be included as the total ‘EC meat’ content that you declare.

Non-muscle cuts of meat such as liver, kidney and heart are not included under these regulations and therefore their percentage content does not need to be included. For example, a steak and kidney pie sold loose would require a percentage meat content to be displayed for steak but not for the kidney.

Calculating the percentage of meat

To calculate the percentage of meat in the product, you first need to establish the proportion or percentage of ‘visual lean’ meat in the raw meat ingredient you are going to use.

The ‘visual lean’ meat is the lean meat or muscle of the ingredient, i.e. for steak the dark meat portion you can see, not including any fat or sinew attached. If you are buying in pieces of meat to make your meat product, contact your meat supplier and ask them to provide you with the percentage of ‘visual lean’ meat of each ingredient you buy.

Once you have the percentage of ‘visual lean’ meat, you can determine (within a 5% margin) how much of your raw meat ingredient you can include as ‘EC meat’ in order to calculate your percentage meat content.

You must then calculate the average weight of ‘EC meat’ in relation to the weight of the raw ingredient by taking the total weight of meat you include in your recipe and multiplying this figure by the % of ‘EC meat’:

[weight of raw meat ingredient] x [% of ‘EC meat’] = [average weight of ‘meat’]

To calculate the percentage meat content that must be displayed, you must take the average weight of ‘EC meat’ you have just calculated and divide this by the total weight of your finished product (i.e. finished pie including pastry) once it is cooked:

[weight of EC meat] / [weight of finished cooked product] x 100 = [meat content %]

Example calculation

Below is an example calculation based on an example recipe for beef mince pies.

Mince Mix (in ounces, used to make 206 pies)

  • 320 oz Minced Beef (70% lean and 30% fat)
  • 280 oz water
  • 16 oz dried onions
  • 8 oz pepper
  • 3 oz salt
  • 1 oz colouring
  • 48 oz crumb
  • 690 oz pastry

Total weight of raw ingredients = 1366 oz

Please note, it is important that you ensure all ingredients are in the same imperial units before you add them together to get the total weight (i.e. you cannot simply add the ingredients for a total weight if water is in ml and other ingredients are in grams).

  1. You must determine the average weight of 1 cooked mince pie. Weigh 10 cooked pies and divide this number by 10 to get an average weight (Do not weigh 1 pie and take this as the average weight as it will differ between products).
    Example average weight of 1 cooked mince pie = 6 oz
    Total weight of 206 cooked mince pies; 206 x 6 = 1236 oz
     
  2. You must then calculate the percentage of ‘EC meat contained in your raw ingredient based on the ‘Visual Lean’ portion of your raw ingredient.
    Your supplier has informed you that the minced beef you buy is 70% lean meat and 30% fat. By referring to the table within the guidance leaflet, the ‘EC meat’ content of your raw beef ingredient is 84%.
     
  3. You must then calculate the weight of ‘EC meat’ you are using in your raw product from this percentage.
    Please note, when entering the figure for percentages in the equation it must be expressed as 0.84 (i.e. 100% being 1.0, 50% being 0.5) not as 84.
    Take the weight of the raw mince = 320 oz
    Percentage of ‘EC meat’ = 0.84
    [Weight of ingredient] x [% ‘EC meat’] = [weight of ‘EC meat’]
    [320] x [0.84] = 268.8 oz of ‘EC meat’ being used
     
  4. You must then use this calculated weight, as underlined above, to calculate the % of meat in terms of the finished product that you require to declare.
    Take the weight of the ‘EC meat’ used = 268.8 oz
    Take the weight of the finished product as above = 1236 oz
    [Weight ‘EC meat’] / [Total weight finished product] x 100 = [% meat content]
    [268.8] / [1236] x 100 = 21.75%
    The Quantitative Ingredients Declaration (QUID) for the minced beef in each pie that must be declared is 21.75%.

Regulation (EU) 1169/2011, Annex VI, Part B

All minced meat must be labelled with the percentage of fat and collagen it contains. Minced meat can only be described as “lean” if it has a fat content of 7% or less and a collagen content of 12% or less meat content.

Independent butchers should take steps to determine the fat and collagen content of the minced meat that they produce or request such information from their suppliers if you buy it in and label it for sale in an appropriate fashion.

There are maximum limits for the fat content and connective tissue in all minced meats as follows:

  Fat content  Collagen/meat protein ratio
Lean minced meat ≤ 7% ≤ 12%
Minced pure beef ≤ 20% ≤ 15%
Minced meat containing pig meat ≤ 30% ≤ 18%
Minced meat of other species ≤ 25% ≤ 15%

Prepacked minced meat which does not comply with this compositional criteria may be placed on the national market if labelled with a national mark and statements on the fat content and collagen to meat protein ratio.

The national mark consists of a symbol and wording as follows:

For minced meat sold loose which does not comply with the compositional criteria in the FIC, this may be sold provided a national mark appears on notice near the food or on your price list for customers to see.

The Food and Feed Regulation (EC) No. 1829/2003
The Genetically Modified Food (Scotland) Regulations 2004

The Food and Feed Regulation (EC) No. 1829/2003 lay down rules to cover all GM (Genetically Modified) food and animal feed.

If a food is made using GM ingredients, the words ‘genetically modified’ or ‘produced from genetically modified (ingredient named)’ must appear in the ingredients list, immediately following the ingredient in question or as a foot note to the ingredients list. Alternatively, if the ingredient is designated by the name of a category, the wording used must be ‘contains genetically modified (name of organism)’ or ‘contains (ingredient) produced from genetically modified (name of organism)’.

If there is no ingredients list on the product, the words ‘genetically modified’ or ‘produced from genetically modified (name of organism)’ must appear clearly on the product label.

If you are selling non-pre-packed foods or foods that do not require to be labelled, information regarding the use of genetically modified ingredients must be clearly displayed for the consumer to see, for example on a notice at the point of sale. This applies to all ingredients used in your foods, including oil used for cooking.

Quick-frozen Foodstuffs (Scotland) Regulations 1990 as amended

The Quick-Frozen Foodstuffs Regulations 1990 define “Quick-frozen” foodstuffs as products that have undergone a freezing process known as quick-freezing where the zone of maximum crystallisation is crossed as quickly as possible. Foods treated in this way must be labelled for sale accordingly as ‘quick frozen’ product.

This does not include ice-cream or other edible ices, but commonly includes vegetables and fruit. Any quick-frozen foodstuff must remain in the manufacturers packaging until the point of sale.

Any quick-frozen product that doesn’t require further processing (i.e. is already cooked) must be marked with; a durability date, max storage time, temp and/or information regarding the equipment in which it is to be stored a reference to the batch and the message “do not re-freeze after defrosting.”

The amended Quick-Frozen Foodstuffs (Scotland) Regulations 2007 enact and provide provisions from Commission Regulation 37/2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption. They state that transport vehicles, warehouses and other storage areas (in manufacturing premises) must be fitted with suitable equipment to monitor air temperature. Temperature recordings shall be dated and stored for at least one year.

Commission Regulation 92/2/EEC (Annex II) provides specifications for measuring instruments and requires that quick-frozen foodstuffs must always be maintained at –18°C or less (fluctuation of 3 degrees is allowed).

Food Safety Act 1990, Section 14

Freezer burn is the term used to describe the loss of moisture from the surface of frozen foods over time. Freezer burn causes deterioration in colour, texture and flavour on the surface of frozen foods during storage.

Freezer-burned food is safe to consume from a microbial perspective The Food Safety Act 1990 makes it an offence for a food business to sell any food that is not of the nature, substance or quality demanded.

The time it takes frozen food to develop freezer burn varies according to the type, quality and integrity of the packing materials, storage temperature and air circulation inside the freezer. The best way to prevent or reduce the speed of freezer burn is to seal (or reseal) frozen food products properly and consume the food within the recommended amount of storage time.

Food Safety Act 1990, Section 14

Once cans are opened the contents must be transferred to a food grade container for storage and labelled with an appropriate durability date in line with the manufacturer’s instructions. This is important as the internal surface of the can starts to degrade after opening which may result in tin migrating into the food.

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