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Statutory Instruments made by the National Assembly for Wales


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STATUTORY INSTRUMENTS


2003 No. 3041 (W.286)

FOOD, WALES

The Fruit Juices and Fruit Nectars (Wales) Regulations 2003

  Made 26th November 2003 
  Coming into force 28th November 2003 

The National Assembly for Wales, in exercise of the powers conferred by sections 16(1)(a), (c) and (e), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990[1] and now vested in it[2], having had regard, in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council[3] laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, and in accordance with section 48(4) and (4B) of the said Act, hereby makes the following Regulations:

Citation, commencement and application
     1. These Regulations  - 

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 - 

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  - 

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



SCHEDULE 1
Regulation 2


RESERVED DESCRIPTIONS FOR DESIGNATED PRODUCTS


Column 1 Column 2
Reserved Descriptions Designated Products
In the descriptions listed in items 1 to 5 below  - 

    (a) if the product is manufactured from a single kind of fruit the name of that fruit shall be substituted for the word "fruit";

    (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  - 

    (a) sugars, or

    (b) sweeteners, or

    (c) honey, to  - 

      (i) fruit juice, or

      (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.




SCHEDULE 2
Regulation 2(2)(a)


PERMITTED RAW MATERIALS IN PREPARATION OF DESIGNATED PRODUCTS


     1. Fruit, of any kind other than tomatoes.

     2. Fruit purée, being the fermentable but unfermented product obtained by sieving the edible part of whole or peeled fruit without removing the juice.

     3. Concentrated fruit purée, being the product obtained from fruit purée by the removal of a specific proportion of its water content.

     4. Sugars, being  - 

     5. Honey, being the product defined as "honey" in Council Directive 2001/110/EC relating to honey[24].

     6. Pulp or cells, being  - 



SCHEDULE 3
Regulation 2(2)(b)


ADDITIONAL INGREDIENTS PERMITTED IN PARTICULAR DESIGNATED PRODUCTS


     1. Vitamins and minerals may be added to any designated product.

     2. In grape juice, salts of tartaric acids may be restored.

     3. In fruit juice, concentrated fruit juice, fruit juice from concentrate, and dehydrated or powdered fruit juice, other than any prepared from grapes or pears, sugars may be added  - 

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.



SCHEDULE 4
Regulation 2(2)(d)


PERMITTED TREATMENTS AND ADDITIONAL SUBSTANCES


Treatments
     1. Mechanical extraction processes.

     2. The usual physical processes (being those included in that description in Annex I, Part II, point 2, to Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption) and including, in the production of concentrated fruit juice other than that produced from grapes, in-line water extraction, or diffusion, of the edible parts of the fruit.

     3. In the production of grape juice where sulfitation of the grapes with sulphur dioxide has been used, desulfitation by physical means, provided that the total quantity in the finished grape juice does not exceed 10 mg per litre of the juice.

Additional substances
     4. Pectolytic enzymes.

     5. Proteolytic enzymes.

     6. Amylolytic enzymes.

     7. Edible gelatine.

     8. Tannins.

     9. Bentonite.

     10. Silicon aerogel.

     11. Charcoal.

     12. Chemically inert filtration adjuvant and precipitation agents, including perlite, washed diatomite, cellulose, insoluble polyamide, polyvinylpolypyrolidon and polystyrene, which comply with the Community Directives on materials and articles intended to come into contact with foodstuffs[
26].

     13. Chemically inert adsorption adjuvants which comply with the said Community Directives and which are used to reduce the limonoid and naringin content of citrus juice without significantly affecting the limonoid glucosides, acid, sugars (including oligosaccharides) or mineral content of such juice.



SCHEDULE 5
Regulation 2(2)(e)


MINIMUM JUICE AND PUREE CONTENT OF FRUIT NECTARS




     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

Notes:
     1. In the case of a product prepared from a mixture of types of fruit, this Schedule shall be read as if the minimum quantities specified for the various types of fruit mentioned or referred to therein were reduced in proportion to the relative quantities of the types of fruit used.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which apply to Wales and come into force on 28th November 2003, implement Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption (OJ No. L10, 12.1.2002, p.58). They revoke and replace the Fruit Juices and Fruit Nectars Regulations 1977, as amended, in relation to Wales.

The Regulations  - 

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.


Notes:

[1] 1990 c.16.back

[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

[11] S.I. 1977/927.back

[12] S.I. 1982/1727.back

[13] S.I. 1985/67.back

[14] S.I. 1990/2486.back

[15] S.I. 1991/1476.back

[16] S.I. 1992/2596.back

[17] S.I. 1995/3187; relevant amendments are S.I. 1997/1413, 1999/1136, 2001/1787 (W. 128), 1440 (W. 102).back

[18] S.I. 1982/1311.back

[19] S.I. 1991/1284.back

[20] S.I. 1995/236.back

[21] 1998 c.38.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



Cymraeg (Welsh)



ISBN 0 11090816 3


 
© Crown copyright 2003
Prepared 3 December 2003


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