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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Fruit Juices and Fruit Nectars (Wales) Regulations 2003 No. 3041 (W.286) URL: http://www.bailii.org/wales/legis/num_reg/2003/20033041e.html |
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Made | 26th November 2003 | ||
Coming into force | 28th November 2003 |
Interpretation
2.
- (1) In these Regulations -
(2) Notwithstanding the fact that a food is specified in Column 2 of Schedule 1, it will only be treated as a "designated product" for the purposes of these Regulations if -
(d) where it has been prepared by using any treatment or additional substance, that treatment or substance is specified in Schedule 4; and
(e) being a food bearing the reserved description "fruit nectar", it contains the minimum juice or purée content specified in Schedule 5 together with the Note to that Schedule.
Scope of Regulations
3.
Subject to regulation 5(g), these Regulations apply in relation to designated products intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment.
Reserved descriptions
4.
No person shall sell any food with a label (whether or not attached to or printed on the wrapper or container) which bears, comprises or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless -
Labelling and description of designated products
5.
Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any designated product unless -
its labelling bears the words "partially made from concentrate" or, as the case may be, "partially made from concentrates", such words to appear close to the reserved description, in letters that are clearly visible and easily distinguished from the background against which they appear;
(e) in the case of a fruit nectar obtained wholly from one or more concentrated products, its labelling bears the words "made with concentrate" or, as the case may be, "made with concentrates", such words to appear close to the reserved description, in letters that are clearly visible and easily distinguished from the background against which they appear;
(f) in the case of a fruit nectar, its labelling bears an indication of the minimum amount of fruit juice, or fruit purée, or mixture of fruit juice and fruit purée, that it contains, with the words "fruit content :[x] % minimum" (there being substituted for "[x]" the appropriate figure) appearing in the same field of vision as the reserved description; and
(g) in the case of a concentrated fruit juice not intended for delivery to the final consumer, it bears an indication on its packaging, on a label attached to its packaging, or in an accompanying document, of the presence and quantity in it of any -
Manner or marking or labelling
6.
Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food)shall apply to the particulars with which a designated product is required to be marked or labelled by regulation 5 of these Regulations as if they were particulars with which food is required to be marked or labelled by the 1996 Regulations.
Penalties and enforcement
7.
- (1) Any person who contravenes regulation 4 or 5 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Each food authority shall enforce and execute these Regulations in its area.
Defence in relation to exports
8.
- (1) In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove -
Application of various provisions of the Food Safety Act 1990
9.
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations -
Amendments and revocations
10.
- (1)
(2) In the provisions of the Regulations specified in paragraph (3) (in each case insofar as they apply to Wales) the entries relating to the Fruit Juices and Fruit Nectars Regulations 1977[11] shall be deleted.
(3) The provisions are -
(4) The following Regulations are hereby revoked (insofar as they apply to Wales) -
Transitional provision
11.
In any proceedings for an offence under regulation 7 it shall be a defence for the person accused to prove that -
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[21].
D. Elis-Thomas
The Presiding Officer of the Assembly
26th November 2003
Column 1 | Column 2 |
Reserved Descriptions | Designated Products |
In the descriptions listed in items 1 to 5 below -
(b) subject to condition (c), if the product is manufactured from two or more kinds of fruit (excluding the use of one or both of lemon juice or concentrated lemon juice where this is in accordance with the authorisation described in paragraph 4 of Schedule 3 the reserved description shall be supplemented by the names of the fruits used, in descending order of the volume (calculated as unconcentrated juice or purée) of the juice or purée included from each kind of fruit; and (c) if the product is manufactured from three or more kinds of fruit, then unless its reserved description is supplemented as required by condition (b) it shall, in the alternative, be supplemented by the words "several fruits" or by similar wording, or by the number of the kinds of fruit used. |
|
1.
Fruit juice |
The fermentable but unfermented product obtained from fruit which is sound and ripe, fresh or preserved by chilling, of one or more kinds mixed together, having the characteristic colour, flavour and taste typical of the juice of the fruit from which it comes; in which flavour, pulp and cells from the juice which are separated during processing may be restored to the same juice; in which, in the case of citrus fruits other than limes, the juice must come from the endocarp; and in which, in the case of limes, the juice may be obtained from the whole fruit, by suitable production processes whereby the proportion of constituents of the outer part of the fruit is reduced to a minimum. |
2.
Concentrated fruit juice |
The product obtained from fruit juice of one or more kinds by the physical removal of a specific proportion of its water content. Where the product is intended for direct consumption the proportion of water content removed must be at least 50%. |
3.
Fruit juice from concentrate |
The product obtained by replacing, in concentrated fruit juice, water extracted from that juice during concentration, and by restoring the flavours and, if appropriate, pulp and cells lost from the juice but recovered during the process of producing the fruit juice in question or fruit juice of the same kind;in which the water added must display such chemical, microbiological, organoleptic and, if appropriate, other characteristics as will guarantee the essential qualities of the juice; and the product must display organoleptic and analytical characteristics at least equivalent to those of an average type of fruit juice obtained from fruit or fruits of the same kind. |
4.
Dehydrated or powdered fruit juice |
The product obtained from fruit juice of one or more kinds by the physical removal of virtually all of its water content. |
5.
Fruit nectar |
The fermentable but unfermented product obtained by adding water and (in an amount not exceeding 20% of the total weight of the finished product) any one or more of -
(b) sweeteners, or (c) honey, to -
(ii) concentrated fruit juice, or (iii) fruit juice from concentrate, or (iv) dehydrated fruit juice, or (v) powdered fruit juice, or (vi) a fruit purée, or (vii) to any mixture of products in (i) to (vi) above,
such product to meet the minimum content requirement (as to fruit juice, fruit purée, or a mixture of such juice and purée) specified in Schedule 4, and where sweeteners are used their use is to be also in accordance with the requirements of Directive 94/35/EC of the European Parliament and of the Council on sweeteners for use in foodstuffs[22].
Where the kind of fruit used is any one or more of apricots or the fruits listed in Part II and III of Schedule 4, the product may be manufactured without the addition of any sugars, sweeteners or honey. |
(b) in the preparation of fruit juice from concentrate -
(c) in the preparation of fruit juice -
5.
Honey, being the product defined as "honey" in Council Directive 2001/110/EC relating to honey[24].
6.
Pulp or cells, being -
the total amount of such added sugars for either purpose not to exceed 150g per litre of the juice.
4.
In any designated product, for the purpose of regulating acidic taste -
(expressed as anhydrous citric acid) may be added, the total amount of such added juice not to exceed 3g per litre of the product.
5.
In any designated product, carbon dioxide may be added.
6.
In any designated product, any substance permitted pursuant to Council Directive 89/107/EEC on the approximation of laws of Member States concerning food additives authorised for use in foodstuffs intended for human consumption[25] may be added.
Minimum juice, purée or juice and purée content (% by volume of finished product) | |
I. Fruit nectars made from fruits with acidic juice unpalatable in the natural state | |
Passion fruit | 25 |
Quito naranjillos | 25 |
Blackcurrants | 25 |
Whitecurrants | 25 |
Redcurrants | 25 |
Gooseberries | 30 |
Sallow-thorn berries | 25 |
Sloes | 30 |
Plums | 30 |
Quetsches | 30 |
Rowanberries | 30 |
Rose hips | 40 |
Sour cherries | 35 |
Other cherries | 40 |
Bilberries | 40 |
Elderberries | 50 |
Raspberries | 40 |
Apricots | 40 |
Strawberries | 40 |
Mulberries / blackberries | 40 |
Cranberries | 30 |
Quinces | 50 |
Lemons and limes | 25 |
Other fruits belonging to this category | 25 |
II. Fruit nectars made from low-acid, pulpy or highly flavoured fruits with juice unpalatable in the natural state | |
Mangoes | 25 |
Bananas | 25 |
Guavas | 25 |
Papayas | 25 |
Lychees | 25 |
Azeroles (Neapolitan medlars) | 25 |
Soursop | 25 |
Bullock's heart or custard apple | 25 |
Sugar apples | 25 |
Pomegranates | 25 |
Cashew fruits | 25 |
Spanish plums | 25 |
Umbu | 25 |
Other fruits belonging to this category | |
III. Fruit nectars made from fruits with juice palatable in the natural state | |
Apples | 50 |
Pears | 50 |
Peaches | 50 |
Citrus fruits except lemons and limes | 50 |
Pineapples | 50 |
Other fruits belonging to this category | 50 |
A Regulatory appraisal has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the library of the National Assembly for Wales together with a Transposition Note setting out how the main elements of the European legislation referred to above are transposed in these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff CF10 1EW.
[2] Functions of the Secretary of State under the Food Safety Act 1990, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back
[3] OJ No. L31, 1.2.2002, p.1.back
[4] OJ No. L61, 18.3.1995, p.1, as last amended by Directive 98/72/EC (OJ No. L295, 4.11.1998, p.18).back
[5] OJ No. L1, 3.1.94, p.1.back
[6] OJ No. L1, 3.1.94, p.571.back
[7] S.I. 1996/1499, amended by S.I. 1998/141, S.I. 1998/1398, S.I. 1998/2424, S.I. 1999/747, S.I. 1999/1136, S.I. 1999/1483, S.I. 1999/1540, S.I. 2000/768, S.I. 2000/2254, S.I. 2000/3323, S.I. 2001/2294, S.I. 2001/3442, S.I. 2001/3775 and S.I. 2002/379.back
[8] OJ No. L10, 12.1.2002, p.58, as adopted by EEA Joint Committee Decision 99/2002 (OJ No. L298, 31.10.2002, p.10).back
[9] S.I. 1995/3124, to which there are amendments not relevant to these Regulations.back
[10] S.I. 1995/3187, to which there are amendments not relevant to these Regulations.back
[17] S.I. 1995/3187; relevant amendments are S.I. 1997/1413, 1999/1136, 2001/1787 (W. 128), 1440 (W. 102).back
[22] OJ No. L237, 10.9.94, p.3, as amended by Directive 96/83/EC (OJ No. L48, 19.2.97, p.16).back
[23] OJ No. L10, 12.1.2002, p.53.back
[24] OJ No. L10, 12.1.2002, p.47.back
[25] OJ No. L40, 11.2.1989, p.27.back
[26] The Directives are Council Directive 89/109/EEC on the approximation of the laws of the Member States in relation to materials and articles intended to come into contact with foodstuffs OJ No. L40, 11.2.1989 and Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs OJ No. L220, 15.8.2002, p.18.back
© Crown copyright 2003 | Prepared 3 December 2003 |