S.I. No. 240 of 2003

European Communities (Marketing of Fruit Juices and Certain Similar Products) Regulations 2003

I, Joe Walsh, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ), for the purpose of giving effect to Council Directive 2001/112/EC of 20 December 2001¹ . hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Marketing of Fruit Juices and Certain Similar Products) Regulations 2003 and come into operation on 12 July 2003.

2. (1)  In these Regulations:-

“Annex I” means Annex I to the Directive;

“authorised officer” means -

(a)   a person appointed in writing by the Minister to be an authorised officer under Regulation 5(1) for the purposes of these Regulations, or

(b)   an authorised officer for the purposes of the Regulations of 2002;

“Directive” means Council Directive 2001/112/EC of 20 December 2001;

“Minister” means the Minister for Agriculture and Food;

“place on the market” includes to advertise, barter, offer or expose for sale by wholesale or retail or have in possession for sale by wholesale or retail and invite to buy, and cognate words shall be construed accordingly.

“Regulations of 2002” means the European Communities Regulations (Labelling, Presentation and Advertising of Foodstuffs) Regulations 2002 ( S.I. No. 483 of 2002 );

“premises” includes any place, vehicle, ship or other vessel, aircraft, railway wagon or other means of transport or any container used to transport fruit juice or certain similar products.

“vehicle” means any form of transport conveyance including a trailer.

(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.

(3) In these Regulations, unless the contrary intention appears, a reference to a Regulation is to a Regulation of these Regulations and a reference to a paragraph is a reference to the paragraph in which the reference occurs.

3.  (1)  These Regulations apply to fruit juices and certain similar products to which Annex I applies.

(2) These Regulations shall be deemed to be food legislation for the purposes of No. 29 of 1998 ).

4.   (1) Subject to paragraph (3), a person shall not place fruit juices and certain similar products on the market after 11 July 2004 unless the product complies with the provisions of the Regulations of 2002, subject to the conditions laid down in Article 3, Article 4 and Article 6 of the Directive.

(2) The addition of vitamins and minerals to the products governed by these Regulations shall be permitted only in accordance with the Health (Nutrition Labelling for Foodstuffs) Regulations 1993 ( S.I. No. 388 of 1993 ).

(3) A person may place fruit juices and certain similar products manufactured before the commencement of these Regulations on the market in accordance with the Regulations revoked by Regulation 8 until stocks are exhausted.

5.   (1) The Minister may appoint such and so many persons he or she thinks fit to be an authorised officer for the purposes of these Regulations.

(2) (a) An authorised officer shall be furnished with a warrant of his or her appointment, and

(b) when exercising any power conferred by these Regulations, shall, if requested by any person affected, produce the warrant, to that person for inspection.

(3) A person who obstructs or interferes with an authorised officer in the exercise of his or her powers under these Regulations or gives an authorised officer information which is false or misleading shall be guilty of an office.

(4) A person who without reasonable excuse fails to comply with a request made by an authorised officer under these Regulations shall be guilty of an offence.

6. (1) An authorised officer may at all reasonable times, for the purposes of insuring that these Regulations are being complied with-

(a) enter and inspect any premises in which he or she has reasonable grounds for believing that fruit juices and certain similar products are being manufactured, held or kept for importation, preparation or placement on the market, or placed on the market, or records pertaining to such activities are being retained.

(b) inspect and take copies of or extracts from any books, documents or other records which he or she finds in the course of the inspection,

(c) examine and copy any data or data material (within the meaning in each case of the Data Protection Act, 1988 (No. 25 of 1988) ) he or she finds there, extract information from any such data and take extracts from any such material,

(d) carry out such examinations, tests and inspections, as he or she may thinks fit and remove from there any product for further examination,

(e) take, without payment, such samples, including samples of wrapping, packaging, labelling or advertising material as he or she may think fit,

(f) seize and detain fruit juices and certain similar products,

(g) secure for later inspection the premises or part of the premises,

(h) if accompanied by-

(i) a member of the Garda Siochana in uniform, or

(ii) an officer of the Revenue Commissioners in uniform authorised by them to exercise powers conferred by the Customs Acts for the statutes which relate to the duties of excise,

stop any vehicle which the authorised officer authorised officer has reasonable grounds to suspect contains any fruit juices and certain similar products to which these Regulations apply.

(2) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph (4).

(3) An authorised officer, where he or she considers it necessary, may be accompanied by a member of the Garda Siochana when performing any powers conferred on an authorised officer by this Regulation.

(4) If a Judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there are fruit juices and certain similar products on any premises or in any place, the judge may issue a warrant authorising an authorised officer, accompanied if appropriate, by other authorised officers or by a member or members of the Garda Siochana at any time or times within one month of the date of issue of the warrant, on production of the warrant requested, to enter those premises or part of those premises or place, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under these Regulations.

(5) A person who without reasonable excuse fails to comply with any request or requirement made by an authorised officer under this Regulation is guilty of an offence.

7.   (1) It is an offence to fail to comply with these Regulations.

(2) An offence under these Regulations may be prosecuted by the Minister, the Director of Consumer Affairs or by a Health Board in whose functional area the offence was committed.

(3) A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000.

8. The Food Standards (Fruit Juices and Fruit Nectars) (European Communities) Regulations 1978 ( S.I. No. 173 of 1978 ), the Food Standards (Fruit Juices and Fruit Nectars) (European Communities) (Amendment) Regulations 1984 ( S.I. No. 27 of 1992 ) are revoked.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to give legal effect to Council Directive 2001/112/EC, which prescribes and harmonises within the European Union, standards for the composition and labelling of fruit juices and certain similar products.

These Regulations should be read in conjunction with Directive 2001/112/EC.

Published by the Stationery Office, Dublin 2.

¹ O.J. No. L. 10. 12.01.2002. p.58.