the link goes to sec 23 and 23 (ii) says prepacked for direct sale it does not only include not prepacked, why do you think it only applies to not repacked? The statutory instrument 23 (1) says
23-(1)
This regulation applies to—
(a)food which is—
(i)not prepacked, or
(ii)prepacked for direct sale,
1/ Because it was almost 1am when I posted ...
2/ The section heading makes clear that it refers to "
Food which is not prepacked and similar food, and fancy confectionery products"
and thus
3/ in that context, believing that "prepacked for direct sale" foods are rather similar to "prepacked" foods and NOT "similar" to "food which is not prepacked" (ie loose), I believe that the regulation is probably intended to be read as "this applies to food which is not (i)prepackaged or (ii)prepackaged for direct sale - as that would be logical -- the Reg applies to "loose" (unpackaged) foods.
This is so you could just have a sign saying 'Potatoes' beside your open sack, without giving lot numbers, best before, etc.
This is one of those examples where some people say "you can leave that bit off your label" and I say "safer to put whatever any official might believe to be required" and ignore dubious exemptions.
HOWEVER that whole argument is moot, because
the '96 Regs are out of date, trumped by Regulation (EU) No 1169/2011 in force since last December.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0018:0063:en:PDF
Which establishes the basic principle that "Any food intended for supply to the final consumer or to mass caterers shall be accompanied by food information in accordance with this Regulation."
It is currently causing problems for restauranteurs who must now indicate allergy info in their menus!
We escape allergy and ingredient labelling because honey is a single ingredient foodstuff.
Nutritional labelling is the minefield. The question therein is whether or not honey is "processed". Annex V of the Reg says
FOODS WHICH ARE EXEMPTED FROM THE REQUIREMENT OF THE MANDATORY NUTRITION DECLARATION
1. Unprocessed products that comprise a single ingredient or category of ingredients;
2. Processed products which the only processing they have been subjected to is maturing and that comprise a single ingredient or category of ingredients;3 ...
So we
might have to have Nutritional stuff if the honey is "processed". The EU Reg helpfully uses the definition of "processed" from another EU Reg, 852/2004, but that's not that helpful for beekeepers 'extracting' honey
(m) "processing" means any action that substantially alters the initial product, including heating, smoking, curing, maturing, drying, marinating, extraction, extrusion or a combination of those processes;
"unprocessed products" means foodstuffs that have not undergone processing, and includes products that have been divided, parted, severed, sliced, boned, minced, skinned, ground, cut, cleaned, trimmed, husked, milled, chilled, frozen, deep-frozen or thawed;
It looks from that as though soft set honey (extracted, warmed, mixed and then chilled) might possibly be considered "processed".
However, I am relying on the very last provision in Annex V to escape Nutrition labelling
19. Food, including handcrafted food, directly supplied by the manufacturer of small quantities of products to the final consumer or to local retail establishments directly supplying the final consumer.
Now, before someone claims I'm looking for a "dubious exemption", where can I find the definitions of "local" and of "small quantities" ...