Citation and commencement

1. These Regulations may be cited as the Fruit Juices and Fruit Nectars (Amendment) Regulations (Northern Ireland) 2011 and come into operation on 18th March 2011.

Amendment of the Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 2003

2.-(1) The Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 2003(4) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(2)-

(a)at the end of sub-paragraph (d) omit the word "and";

(b)at the end of sub-paragraph (e) substitute "; and" for the full stop; and

(c)after sub-paragraph (e) insert-

"(f)being a food bearing the reserved description "fruit juice from concentrate", it complies with the minimum Brix level specified in Schedule 6, read together with the Notes to that Schedule.".

(3) In regulation 5-

(a)for paragraph (d) substitute -

"(d)in the case of-

(i)a mixture of fruit juice and fruit juice from concentrate and which is marked or labelled with the single reserved description "fruit juice" (or such other description as, in accordance with the conditions which preface Column 1 (reserved descriptions) of Schedule 1, is required in place of the description "fruit juice"), or

(ii)a fruit nectar obtained partly from one or more concentrated products,

its labelling bears the words "partially from concentrate" or, as the case may be, "partially 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;"; and

(b)for paragraph (e) substitute-

"(e)in the case of a fruit nectar obtained wholly from one or more concentrated products, its labelling bears the words "from concentrate" or, as the case may be, "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;".

(4) In Schedule 1-

(a)in column 2 of item 3 (Fruit juice from concentrate), at the end insert-

"The minimum Brix levels for fruit juices from concentrate are indicated in Schedule 6."; and

(b)in column 2 of item 5 (Fruit nectar), for "Schedule 4" substitute "Schedule 5" in both places.

(5) After Schedule 5, insert Schedule 6, as set out in the Schedule to these Regulations.

Sealed with the official seal of the Department of Health, Social Services and Public Safety on 23rd February 2011.

Andrew McCormick

A senior officer of the Department of Health, Social Services and Public Safety

Regulation 2(5)

SCHEDULE

Regulation 2 and Schedule 1

"SCHEDULE 6MINIMUM BRIX LEVELS FOR FRUIT JUICES FROM CONCENTRATE

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, provide for the implementation of Commission Directive 2009/106/EC amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption (OJ No. L212, 15.8.2009, p.42).

Commission Directive 2009/106/EC makes two amendments to Council Directive 2001/112/EC (OJ No. L10, 12.1.2002, p. 58). First, it makes a small linguistic change in relation to mixed juice products containing fruit juice and fruit juices from concentrate and to nectars obtained wholly or partly from one or more concentrated products, in order to alleviate translational difficulties across Member States of the EU. Second, it introduces a table laying down the minimum Brix levels for fruit juices from concentrate.

These Regulations amend the Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 2003 (S.R. 2003 No. 305), so as to-

(a)provide that a fruit juice from concentrate must contain the minimum Brix levels specified in Schedule 6, read together with the Notes to that Schedule (regulation 2(2) and the Schedule);

(b)make a small linguistic change to the labelling and description of mixed juice products containing fruit juice and fruit juices from concentrate, and of nectars obtained wholly or partly from one or more concentrated products (regulation 2(3));

(c)amend Schedule 1 (Reserved Descriptions For Designated Products) so that item 3 (Fruit juice from concentrate) of Schedule 1 cross-refers to Schedule 6 (Minimum Brix Levels For Fruit Juices From Concentrate) (regulation 2(4)(a) and the Schedule);

(d)amend Schedule 1 so that an incorrect reference within item 5 (Fruit nectar) is corrected (regulation 2(4)(b)); and

(e)add as Schedule 6 a new Schedule which provides -�Minimum Brix Levels For Fruit Juices From Concentrate' (regulation 2(5) and the Schedule).