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Welsh Statutory Instrument 2003 No. 3041 (W.286)The Fruit Juices and Fruit Nectars (Wales) Regulations 2003(The document as of February, 2008) STATUTORY INSTRUMENTS2003 No. 3041 (W.286)FOOD, WALESThe Fruit Juices and Fruit Nectars (Wales) Regulations 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
(b) for the purposes of a catering establishment; or (c) for the purposes of a manufacturing business. (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 -
(b) where it contains any additional ingredient, that ingredient is authorised for the food in question by Schedule 3; (c) being a food bearing the reserved description "fruit juice", "concentrated fruit juice", "fruit juice from concentrate" or "dehydrated or powdered fruit juice" it has not been prepared by adding to it -
(ii) both sugars and acidifying agents as permitted by Directive 95/2/EC; (d) where it has been prepared by using any treatment or additional substance, that treatment or substance is specified in Schedule 4; and Scope of Regulations
(b) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food; or (c) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product. Labelling and description of designated products
(b) in the case of a fruit juice, a concentrated fruit juice, a fruit juice from concentrate or a dehydrated or powdered fruit juice which has been sweetened by the addition of sugars there is added to the reserved description for that product the word "sweetened" or the words "with added sugar", and such description or other name is followed by an indication (calculated as dry matter, and expressed in grams per litre) of the maximum quantity of sugar added; (c) in the case of a fruit juice, a concentrated fruit juice or a fruit juice from concentrate, to which there has been added pulp or cells other than, or in excess of, the pulp or cells originally extracted from that product, its labelling includes an indication of such addition; (d) in the case of -
(ii) a fruit nectar obtained partly from one or more concentrated products, 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;
(ii) added lemon juice, or (iii) acidifying agents as permitted by Directive 95/2/EC. Manner or marking or labelling
(b) in the case of export to an EEA State, that the legislation complies with the provisions of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption[8]. Application of various provisions of the Food Safety Act 1990
(b) section 3 (presumption that food intended for human consumption); (c) section 20 (offences due to fault of another person); (d) section 21 (defence of due diligence) as it applies for the purposes of sections 8, 14 or 15 of the Act; (e) section 22 (defence of publication in the course of business); (f) section 30(8) (which relates to documentary evidence); (g) section 33(1) (obstruction etc. of officers); (h) section 33(2), with the modification that the reference to "any such requirement as is mentioned in subsection 1(b) above" shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (g); (i) section 35(1) (punishment of offences), insofar as it relates to offences under section 33(1) as applied by sub-paragraph (g); (j) section 35(2) and (3), insofar as it relates to offences under section 33(2) as applied by sub-paragraph (h); (k) section 36 (offences by bodies corporate); and (l) section 44 (protection of officers acting in good faith). Amendments and revocations
(b) in the Miscellaneous Food Additives Regulations 1995[10] (insofar as they apply to Wales), in Schedule 7 -
(ii) for the words "Pineapple juice as defined in Directive 93/77/EEC" there shall be substituted the words "Pineapple juice as defined in Council Directive 2001/112/EC"; (iii) for the words "Nectars as defined in Directive 93/77/EEC" there shall be substituted the words "Nectars as defined in Council Directive 2001/112/EC"; (iv) for the words "Grape juice as defined in Directive 93/77/EEC" there shall be substituted the words "Grape juice as defined in Council Directive 2001/112/EC"; (v) for the words "Fruit juices as defined in Directive 93/77/EEC" there shall be substituted the words "Fruit juices as defined in Council Directive 2001/112/EC". (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.
(b) Part I of the Schedule to the Food (Revision of Penalties) Regulations 1985[13]; (c) Part I of Schedule 1, Schedule 2, Part I of Schedule 3, Schedule 6 and Schedule 12 to the Food Safety Act 1990 (Consequential Provisions) (England and Wales) Order 1990[14]; (d) Part I of Schedule 1 to the Food Safety (Exports) Regulations 1991[15]; (e) Part I of the Schedule to the Food (Forces Exemptions) (Revocations) Regulations 1992[16]; and (f) Schedule 9 to the Miscellaneous Food Additives Regulations 1995[17]. (4) The following Regulations are hereby revoked (insofar as they apply to Wales) -
(b) the Fruit Juices and Fruit Nectars (Amendment) Regulations 1982[18]; (c) the Fruit Juices and Fruit Nectars (England, Wales and Scotland) (Amendment) Regulations 1991[19]; (d) the Fruit Juices and Fruit Nectars (England, Wales and Scotland) (Amendment) Regulations 1995[20]. Transitional provision
(b) the matters constituting the alleged offence would not have constituted an offence under the Fruit Juices and Fruit Nectars Regulations 1977 as they stood immediately before the date of coming into force of these Regulations.
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 -
- fructose syrup; - sugars derived from fruit;
- fructose syrup;
5.Honey, being the product defined as "honey" in Council Directive 2001/110/EC relating to honey[24].
- in respect of any other fruit, the products obtained from the edible parts of the fruit without removing the juice. 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 -
(b) for the purpose of sweetening, in an amount (expressed as dry matter) not exceeding 150g per litre of the juice, the total amount of such added sugars for either purpose not to exceed 150g per litre of the juice.
(b) concentrated lemon juice, or (c) both lemon juice and concentrated lemon juice, (expressed as anhydrous citric acid) may be added, the total amount of such added juice not to exceed 3g per litre of the product. 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.
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. (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 -
(b) prescribe the raw materials, treatment processes and additional ingredients to be used in preparation of designated products (regulation 2(2) and Schedules 2,3 and 4); (c) prescribe minimum fruit juice content for products bearing the reserved description "fruit nectar" (regulation 2(2) and Schedule 5); (d) provide for the circumstances in which the Regulations apply (regulation 3); (e) restrict the use of reserved descriptions to the designated products to which they relate (regulation 4); (f) prescribe labelling requirements for such products (regulation 5); (g) make provision as to the manner of marking and labelling of designated products (regulations 5 and 6); (h) specify a penalty for contraventions and enforcement authorities (regulation 7); (i) in accordance with Articles 2 and 3 of Council Directive 89/397/EEC on the official control of foodstuffs (OJ No. L186, 30.6.1989, p.23) and the European Economic Area Agreement, specify a defence in relation to exports (regulation 8); (j) apply various provisions of the Food Safety Act 1990 (regulation 9); (k) revoke the previous Regulations and make consequential amendments and transitional provision (regulation 10 and 11). 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 ISBN0 11090816 3 -- Back --
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