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SCOTTISH STATUTORY INSTRUMENTS


2003 No. 293

FOOD

The Fruit Juices and Fruit Nectars (Scotland) Regulations 2003

  Made 5th June 2003 
  Laid before the Scottish Parliament 6th June 2003 
  Coming into force 12th July 2003 

The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(1)(e), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990[1] and all other powers enabling them in that behalf, having had regard in accordance with section 48(4A)[2] of that Act to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B)[3] of the said Act, hereby make the following Regulations:

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Fruit Juices and Fruit Nectars (Scotland) Regulations 2003 and shall come into force on 12th July 2003.

    (2) These Regulations shall extend to Scotland only.

Interpretation
    
2.  - (1) In these Regulations-

    (2) A food described in column 2 of Schedule 1 is not a designated product if-

Scope of Regulations
     3. With the exception of regulation 5(2), these Regulations apply 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.  - (1) Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any designated product unless it is marked or labelled with the following particulars:-

    (2) No person shall sell a concentrated fruit juice not intended for delivery to the ultimate consumer, unless 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 (which relate to the manner of marking or labelling of food) of the 1996 Regulations 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 or fails to comply with regulations 4 and 5 of these Regulations shall be guilty of an offence.

    (2) Any person found guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (3) Each food authority shall enforce and execute these Regulations in its area.

Defence in relation to exports
    
8. In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove-

Transitional provision
     9. In any proceedings for an offence under these Regulations it shall be a defence for the accused to prove that-

Application of various provisions of the Food Safety Act 1990
     10. 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
    
11.  - (1) The following entries relating to the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 shall be omitted:-

    (2)

    (3) The Fruit Juices and Fruit Nectars (Scotland) Regulations 1977, the Fruit Juices and Fruit Nectars (Scotland) Amendment Regulations 1977, the Fruit Juices and Fruit Nectars (Scotland) Amendment Regulations 1982[21] and (insofar as they extend to Scotland), the Fruit Juices and Fruit Nectars (England, Wales and Scotland) (Amendment) Regulations 1991[22] and the Fruit Juices and Fruit Nectars (England, Wales and Scotland) (Amendment) Regulations 1995[23] are hereby revoked.


TOM McCABE
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
5th June 2003



SCHEDULE 1
Regulation 2(1)


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 sub-paragraph (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 5 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;

    (c) if the product is manufactured from three or more kinds of fruit, then the reserved description may, as an alternative to sub-paragraph (b), 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 and where-

    (a) flavour, pulp and cells from the juice which are separated during processing may be restored to the same juice;

    (b) in the case of citrus fruits other than limes, the juice must come from the endocarp; and

    (c) 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 and where-

    (a) the water added must display such chemical, microbiological, organoleptic and, if appropriate, other characteristics as will guarantee the essential qualities of the juice; and

    (b) 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;

    (b) sweeteners; or

    (c) honey,

to-

      (i) fruit juice;

      (ii) concentrated fruit juice;

      (iii) fruit juice from concentrate;

      (iv) dehydrated fruit juice;

      (v) powdered fruit juice;

      (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 5, and where sweeteners are also used their use is to be in accordance with the requirements of Directive 94/35/EC of the European Parliament and of the Council on sweeteners for use in foodstuffs[24].

Where the kind of fruit used is any one or more of apricots or the fruits listed in Part II and III of Schedule 5, 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[26].

     6. Pulp or cells, being-



SCHEDULE 3
Regulation 2(2)(b)


ADDITIONAL INGREDIENTS PERMITTED IN PARTICULAR DESIGNATED PRODUCTS


     1. In any designated product, vitamins and minerals may be added.

     2. In any designated product, any substance permitted pursuant to Council Directive 89/107/EEC on the approximation of the laws of Member States concerning food additives authorised for use in foodstuffs intended for human consumption[
27] may be added.

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

     4. 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-

provided that the total amount of such added sugars for either purpose does not exceed 150 g per litre of the juice.

     5. In any designated product, for the purpose of regulating acidic taste-

     6. In any designated product, carbon dioxide 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[
28] 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 of sulphur dioxide 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[29].

     13. Chemically inert adsorption adjuvants which comply with the 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 25
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

Note:

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 kinds of fruit referred to were reduced in proportion to the relative quantities of the kinds of fruit used.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which extend to Scotland only, implement Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption (O.J. No. L 10, 12.1.2002, p.58). They revoke and replace the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 (S.I. 1977/1026), as amended.

The Regulations-

A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.


Notes:

[1] 1990 c.16; section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c.40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c.28) ("the 1999 Act"), Schedule 5, paragraph 10(3); sections 16(1) and 48(1) were amended by the 1999 Act, Schedule 5, paragraph 8; section 17(1) was amended by the 1999 Act, Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6; amendments made by Schedule 5 of the 1999 Act shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back

[3] Section 48(4B) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back

[4] O.J. No. L 61, 18.3.65, p.1; as last amended by Directive 98/72/EC (O.J. No. L 275, 41198, p.18).back

[5] O.J. No. L 1, 3.1.94, p.1.back

[6] O.J. No. L 1, 3.1.94, p.571.back

[7] S.I. 1996/1499; the relevant amending instruments are S.I. 1998/1398,1999/747,1999/1136 and 1999/1483 and S.S.I. 2000/309.back

[8] O.J. No. L 10, 12.1.02, p.58, as adopted by EEA Joint Committee Decision 99/02 (O.J. No. L 298, 31.10.02, p.10).back

[9] S.I. 1977/1026, amended by S.I. 1977/1833, 1981/1320, 1982/1619, 1983/270, 1985/1068, 1990/2625, 1991/1284 and 1476, 1992/2596, 1995/236, 3124, 3187and 3267, 1996/1499, 1997/1413, and 1999/1136.back

[10] S.I. 1983/270 to which there are amendments not relevant to these Regulations.back

[11] S.I. 1985/1068 to which there are amendments not relevant to these Regulations.back

[12] S.I. 1990/2625 to which there are amendments not relevant to these Regulations.back

[13] S.I. 1991/1476 to which there are amendments not relevant to these Regulations.back

[14] S.I. 1992/2596 to which there are amendments not relevant to these Regulations.back

[15] S.I. 1995/3187, relevant amending instruments are S.I. 1997/1413 and 1999/1136.back

[16] S.I. 1995/3267 to which there are amendments not relevant to these Regulations.back

[17] S.I. 1997/1413.back

[18] S.I. 1999/1136.back

[19] S.I. 1981/1320; relevant amending instrument is S.I. 1990/2180.back

[20] S.I. 1995/3124, to which there are amendments not relevant to these Regulations.back

[21] S.I. 1982/1619.back

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

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

[24] O.J. No. L 237, 10.9.94, p.3, as amended by Directive 96/83/EC (O.J. No. L 48, 19.2.97, p.16).back

[25] O.J. No. L 10, 12.1.2002, p.53.back

[26] O.J. No. L 10, 12.1.2002, p.47, as adopted by EEA Joint Committee Decision 99/02 (O.J. No. L 298, 31.10.02, p.10).back

[27] O.J. No. L 40, 11.2.89, p.27.back

[28] O.J. No. L 10, 12.1.02, p.58, as adopted by EEA Joint Committee Decision 99/02 (O.J. No. L 298, 31.10.02, p.10).back

[29] The Directives are Council Directive 89/109/EEC on the approximation of the laws of the member States relating to materials and articles intended to come into contact with foodstuffs (O.J. No. L 40, 11.2.89, p.38) and Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs (O.J. No. L 220, 15.8.02, p.18).back



ISBN 0 11062365 7


 
© Crown copyright 2003
Prepared 20 June 2003


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