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04/06/2015

The Honey (England) Regulations 2015
Subject: Food selling and manufacturing

Source: www.legislation.gov.uk

The Honey (England) Regulations are being updated to reflect the latest EU

Directive which amends the EU Directive on Honey. Additionally, as part of the Red Tape Challenge (RTC) commitment, the Honey Regulations were identified as a piece of legislation that would benefit from simplification and consolidation to benefit businesses involved in the production and marketing of honey.

The Honey (England) Regulations 2015 (SI 2015 No. 1348) will come into effect on 24 June 2015. The regulations will:

* replace the Honey (England) Regulations 2003, resulting in the revocation of two existing SIs as well as revoking provisions relating to the 2003 Regulations contained in the Food Information Regulations 2014; these will be replaced with one instrument;

* transpose the EU Honey Directive, as amended by Directive 2014/63/EU.

The objective is to bring the honey provisions together into one Statutory Instrument and provide for an essential labelling change so that the correct terminology is used on honey labels. These should now refer to the European Union (EU) rather than the European Community (EC) when describing the origin of blended honey using one of the indications provided for in Article 2(4) of the EU Honey Directive.

The Regulations are also updated to take account of the amendment of EU Honey Directive by Directive 2014/63/EC which provides clarity on the issue of the status of pollen by making it clear that, from a food regulation perspective, pollen is not to be considered an ingredient of honey and that honey is a single ingredient product rather than a product that contains pollen as one of its ingredients.

The status of pollen as an ingredient was considered by the Court of Justice of the European Union in Case C-442/09, Karl Heinz Bablok and Others v Freistaat Bayern (2011 ECR I-07419). Following that case, Directive 2014/63/EU amended the Honey Directive to make it clear that pollen, as a natural constituent of honey, is not to be considered an ingredient for the purposes of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers. Regulation (EU) No 1169/2011 contains horizontal food labelling rules that apply to all foods, including honey. The change made by Directive 2014/63/EU makes it clear that honey is to be regarded as a natural and single ingredient food and does not require pollen to be listed as an ingredient. This allows producers to continue to market honey as they have done in the past.

 

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