Bread and Flour (Scotland) Regulations 1963
| Jurisdiction | UK Non-devolved |
| Citation | SI 1963/1461 |
| Year | 1963 |
1963 No. 1461 (S. 66)
FOOD AND DRUGS
COMPOSITION AND LABELLING, SCOTLAND
The Bread and Flour (Scotland) Regulations 196323rdAugust 1963
3rdSeptember 1963
1stSeptember 1964
In exercise of the powers conferred on me by sections 4, 7, 56 and 60 (3) of the Food and Drugs (Scotland) Act 1956(a), and of all other powers enabling me in that behalf, and after consultation with such organisations as appear to me to be representative of interests substantially affected by these regulations and after reference to the Scottish Food Hygiene Council under section 25 of the said Act (insofar as the regulations relate to the labelling, marketing or description of food), I hereby make the following regulations:—
PART I
PRELIMINARY
Citation and commencement
1. These regulations may be cited as the Bread and Flour (Scotland) Regulations 1963, and shall come into operation on 1st September 1964.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs (Scotland) Act 1956;
"bleaching agent" means any substance capable of removing colour from ground bolted wheat;
"bread" means bread in any form intended for sale for human consumption and includes the following, and any part of any of the following, that is to say, rolls, baps, fancy loaves and speciality bread but does not include potato bread;
"caramel" includes malt preparations for the development of colour;
"carbohydrate" means a substance containing carbon, hydrogen and oxygen only in which the hydrogen and oxygen occur in the same proportion as in water;
"cereal breakfast food" means any food obtained by the swelling, roasting, grinding, rolling or flaking of any cereal or cereal product;
"chalk" means the substance so described in the British Pharmacopoeia or the British Pharmaceutical Codex, which conforms to the standards laid down therein and which is of granularity standard—
(a) not more than 0·1 per centum to remain on a 100 mesh sieve, and
(b) not more than 0·2 per centum to remain on a 240 mesh sieve;
(a) 4 & 5 Eliz. 2. c. 30.
"container" includes any form of packaging of food for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article, and in particular includes a wrapper or confining band;
"enzyme active preparations" include malt extract, malt flour, amylases, proteinases and lipoxidases;
"fibre" means the organic matter contained in the dried defatted residue obtained by digesting a sample of flour or of bread successively with boiling acid and boiling alkali;
"flour" means the product intended for sale for human consumption which is derived from or separated during the milling or grinding of wheat, whether or not any of the wheat has been malted or subjected to any process and whether or not the product contains enzyme active preparations, and includes meal but does not include separated wheat offals, separated wheat germ or semolina;
"human consumption" includes use in the preparation of food for human consumption;
"importer", in relation to imported bread or flour, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the flour or in any way entitled to the custody or control of it;
"improving agent" means any substance capable of simulating the effects produced by the natural aging of flour and includes sulphur dioxide;
"milk" includes condensed milk and dried milk;
"permitted bleaching agent" means any bleaching agent specified in any of the provisoes to regulation 31(2) hereof;
"permitted improving agent" means any improving agent specified in any of the provisoes to regulation 31(2) hereof;
"self-raising flour" means flour conforming to the standard prescribed in the Food Standards (Self-Raising Flour) Order 1946(a);
"sell" includes offer or expose for sale or have in possession for sale; and "sale" shall be construed accordingly;
"skimmed milk" includes separated or machine-skimmed milk, partly skimmed, separated or machine-skimmed milk and butter milk; and "skimmed milk solids" shall be construed accordingly;
"sugar" means any soluble carbohydrate sweetening matter;
"wheat malt" means wheat that has been steeped, allowed to germinate and then kilned in order to arrest germination;
"wheat malt flour" means flour derived from or separated during the milling or grinding of wheat malt;
"whole milk solids" means the total solids of full cream milk including not less than 26 per centum of milk fat (calculated by weight);
"yeast stimulating preparation" means a substance or mixture of substances capable of maintaining or accelerating the activity of yeast
and other expressions have the same meaning as in the Act.
(2) The Interpretation Act 1889(b) shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
(a) S.R. & O. 1946/157 (1946 II, p. 26).
(b) 52 & 53 Vict. c. 63.
(3) Any reference in these regulations to any order or other regulations shall be construed as a reference to such order or regulations as amended by any subsequent order or regulations, and if any order or regulations referred to in these regulations is or are replaced by any subsequent order or regulations, the reference shall be construed as a reference to such subsequent order or regulations, as the case may be.
(4) For the purposes of these regulations, the supply of food, otherwise than by sale, at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale of that food and references to purchasing and purchasers shall be construed accordingly.
Enforcement
3.—(1) The local authority of any area shall, subject to the provisions of the next following paragraph, enforce and execute the provisions of these regulations within their area.
(2) Where any part of the area of a local authority lies within the area of a port local authority such of the functions of the local authority under these regulations in relation to any food imported into that part shall, in so far as these functions fall to be exercised by the port local authority by virtue of any order made under section 172 of the Public Health (Scotland) Act 1897(a), be exercised by that port local authority.
(3) In this regulation "local authority" means the council of a county or of a large burgh within the meaning of the Local Government (Scotland) Act 1947(b); and any small burgh within the meaning of that Act shall, for the purposes of these regulations, be included in the county in which it is situated; and "port local authority" includes a joint port local authority.
Exemptions
4. The following provisions of these regulations shall not apply, except in so far as they relate to advertisements other than labels or wrappers, in relation to—
(a) any bread or flour intended at the time of sale, consignment, delivery or importation, as the case may be, for exportation to any place outside the United Kingdom;
(b) any bread or flour intended at the time of sale, consignment, delivery or importation, as the case may be, for consumption by Her Majesty's forces or by a visiting force, within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952(c);
(c) any bread intended at the time of sale, consignment, delivery or importation, as the case may be, for use by a manufacturer for the purposes of his manufacturing business.
Revocation
5.—(1) The Flour (Composition) (Scotland) Regulations 1956(d) are hereby revoked.
(2) The Food and Drugs (Legal Proceedings) (Scotland) Regulations 1962(e) shall be amended by deleting from the Schedule thereto the item relating to the Flour (Composition) (Scotland) Regulations 1956.
PART II
BREAD
Composition of bread
6.—(1) White bread shall be composed of dough, made from flour, yeast and water, which has been fermented and subsequently baked.
(a) 60 & 61 Vict. c. 38.
(c) 15 & 16 Geo. 6 & 1 Eliz. 2. c. 67.
(d) S.I. 1956/1354 (1956 I, p. 998).
(e) S.I. 1962/1668 (1962 II, p. 2029).
(2) Save as hereinafter provided, white bread may contain all or any of the following, but no other, additional ingredients:—
(a) salt;
(b) edible oils and fats;
(c) milk and milk products;
(d) sugar;
(e) enzyme active preparations;
(f) rice flour and soya bean flour:
Provided that the total proportion of either or both of those ingredients present in the bread, as the case may be, shall not exceed two parts to every hundred parts of flour (calculated by weight);
(g) prepared wheat gluten and wheat germ;
(h) poppy seeds, carraway seeds, cracked wheat and cracked or kibbled malted wheat;
(j) cracked oat grain, oatmeal and oat flakes:
Provided that the proportion of any, some or all of those ingredients present, as the case may be, whether in or on the bread shall not exceed two parts to every hundred parts of flour (calculated by weight);
(k) yeast stimulating preparations;
(l) acetic acid, vinegar, monocalcium phosphate, acid sodium pyrophosphate, lactic acid, potassium acid tartrate and sodium diacetate;
(m) lecithin;
(n) any permitted bleaching agent or permitted improving agent in so far as its use in all flour other than wholemeal is permitted by these regulations;
(o) any substance used as an excipient or diluent of any of the additional ingredients mentioned in this paragraph:
Provided that the total proportion of any such substance or substances present in the bread shall not exceed two hundred and twenty-five parts to every million parts of flour (calculated by weight);
(p) any preservative in so far as its use in bread is permitted by the Preservatives in Food (Scotland) Regulations 1962(a);
(q) any emulsifier or stabiliser in so far as its use in bread is permitted by the Emulsifiers and Stabilisers in Food (Scotland) Regulations 1962(b).
7.—(1) Brown bread or wheatmeal bread shall be composed of dough, made from flour, yeast and water, which has been fermented and...
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