Fruit Juices and Fruit Nectars Regulations 1977
| Jurisdiction | UK Non-devolved |
1977 No. 927
FOOD AND DRUGS
COMPOSITION AND LABELLING
The Fruit Juices and Fruit Nectars Regulations 197726thMay 1977
10thJune 1977
1stJuly 1977Remainder17thNovember 1978
The Minister of Agriculture, Fisheries and Food and the Secretary of State for Social Services, acting jointly, in exercise of the powers conferred on them by sections 4, 7 and 123 of the Food and Drugs Act 1955(a) as amended by section 4(1) of, and paragraph 3(1) of Schedule 4 to, the European Communities Act 1972(b) and as read with the Secretary of State for Social Services Order 1968(c), and of all other powers enabling them in that behalf, hereby make the following regulations, after consultation with such organisations as appear to them to be representative of interests substantially affected by the regulations and after reference to the Food Hygiene Advisory Council under section 82 of the Food and Drugs Act 1955 (in so far as the regulations are made in exercise of the powers conferred by the said section 7):—
Citation and commencement
1. These regulations may be cited as the Fruit Juices and Fruit Nectars Regulations 1977, and shall come into operation as respects regulations 2 and 19 on 1st July 1977 and as respects the remainder on 17th November 1978.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs Act 1955;
"anti-foaming agent" has the meaning assigned to it by the Miscellaneous Additives in Food Regulations 1974(d), as amended(e);
"the Community" means the European Economic Community;
"concentrated fruit juice" means fruit juice which has been obtained from fruit by mechanical or diffusion processes and concentrated by the removal of part of its water, but does not include dried fruit juice;
(a) 4 & 5 Eliz. 2. c. 16.
(b) 1972 c. 68.
(c) S.I. 1968/1699 (1968 III, p. 4585).
(d) S.I. 1974/1121 (1974 II, p. 4227).
(e) There is no amendment which relates expressly to the subject matter of these regulations.
"concentrated fruit purée" means fruit purée which has been concentrated by the removal of part of its water;
"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;
"dried fruit juice" means fruit juice which has been concentrated to the form of powder, granule or solid by the removal of water;
"food" means food intended for sale for human consumption and includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include—
(a) water, live animals or birds,
(b) fodder or feedingstuffs for animals, birds or fish, or
(c) articles or substances used only as drugs;
"food and drugs authority" has the meaning assigned to it by section 198 of the Local Government Act 1972(a);
"fruit" means fruit, of a suitable degree of ripeness, fresh or preserved by chilling, sound, free from deterioration and containing all the essential constituents needed for the production of juices and nectars, but does not include rhubarb or tomatoes;
" fruit juice " means the food consisting of fermentable but unfermented juice which—
(a) is obtained from fruit by mechanical processes and has the characteristic colour, aroma and flavour of juice of the fruit from which it is obtained, or
(b) is obtained from concentrated fruit juice by the addition of water and has the organoleptic and analytical characteristics of fruit juice obtained from fruit of the same kind by mechanical processes, or
(c) is obtained from fruit other than apricots, citrus fruits, grapes, peaches, pears or pineapples by diffusion processes and is intended to be used in the preparation of concentrated fruit juice;
" fruit nectar " means the food consisting of the fermentable but unfermented product which is obtained by the addition of water and sugar to fruit juice, concentrated fruit juice, fruit purée, concentrated fruit purée or an admixture of these products and which contains not less than the quantity of acid specified in column 2 of Schedule 1 in relation to the fruit specified in column 1 of that Schedule from which it is obtained and not less than the quantity of fruit juice or fruit purée or of fruit juice and fruit purée specified in column 3 of Schedule 1 in relation to such fruit, so however that—
(a) the added sugar content, calculated as dry matter, shall not exceed 20 per centum by weight of the finished product;
(a) 1972 c. 70.
(b) the product obtained exclusively from fruit purée or concentrated fruit purée or an admixture thereof may contain, instead of added sugar, honey in a proportion not exceeding 20 per centum by weight of the finished product;
(c) the product obtained exclusively from fruit purée or concentrated fruit purée or an admixture thereof obtained from peaches or pears may contain added sugar and honey together in a proportion not exceeding 20 per centum by weight of the finished product, the added sugar content being calculated as dry matter;
(d) the percentages specified in column 2 of Schedule 1 in relation to apricots and strawberries shall not apply to the product obtained exclusively from fruit purée or concentrated fruit purée or an admixture thereof;
"fruit purée" means the fermentable but unfermented product obtained by sieving the entire edible part of whole or peeled fruit;
"honey" has the meaning assigned to it by the Honey Regulations 1976(a);
"human consumption" includes use in the preparation of food for human consumption;
"permitted acid" means any acid in so far as its use is permitted by the Miscellaneous Additives in Food Regulations 1974, as amended;
"permitted anti-foaming agent" means any anti-foaming agent in so far as its use is permitted by the Miscellaneous Additives in Food Regulations 1974, as amended;
"permitted preservative" means any preservative in so far as its use is permitted by the Preservatives in Food Regulations 1975(b), as amended(c);
"sell" includes offer or expose for sale or have in possession for sale, and "sale" and "sold" shall be construed accordingly;
"sell by retail" means sell to a person buying otherwise than for the purpose of re-sale, but does not include selling to a caterer for the purpose of his catering business or to a manufacturer for the purposes of his manufacturing business; and "sale by retail" and "sold by retail" shall be construed accordingly;
"sugar" means, for the purposes of the preparation of dried fruit juice or fruit juice other than fruit juice obtained from concentrated fruit juice, any product specified in Part I of Schedule 2 as read with Part III of that Schedule and, for the purposes of the preparation of concentrated fruit juice, fruit juice obtained from concentrated fruit juice or fruit nectar, any product specified in Part II of that Schedule as read with Part III thereof:
AND other expressions shall have the same meaning as in the Act.
(2) The Interpretation Act 1889(d) shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
(a) S.I. 1976/1832 (1976 III, p. 4961).
(b) S.I. 1975/1487 (1975 III, p. 4956).
(c) The relevant amending instruments are S.I. 1976/1887, 1977/645 (1976 III, p. 5051, 1977 I, p. 2009).
(d) 1889 c. 63.
(3) Any permitted preservative specified in columns 3 and 4 of Part I of Schedule 1 to the Preservatives in Food Regulations 1975, as amended, as an alternative form of the permitted preservative sulphur dioxide E220, may be used in place of that permitted preservative, if calculated as that permitted preservative, and any reference in these regulations to the permitted preservative sulphur dioxide shall be construed accordingly.
(4) Any reference in these regulations to a label borne on a container shall be construed as including a reference to any legible marking on the container however effected.
(5) For the purpose 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.
(6) Any reference in these regulations to any other regulations shall be construed as a reference to such regulations as amended by any subsequent regulations.
(7) Any reference in these regulations to a numbered regulation or schedule shall, unless the reference is to a regulation of or a schedule to specified regulations, be construed as a reference to the regulation or schedule bearing that number in these regulations.
Exemptions
3.—(1) The following provisions of these regulations shall not apply to any fruit juice, concentrated fruit juice, dried fruit juice or fruit nectar—
(a) sold, consigned or delivered for exportation to any place outside the United Kingdom; or
(b) supplied under Government contracts for consumption by Her Majesty's forces or supplied for consumption by a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952(a).
(2) The following provisions of these regulations, other than the provisions of regulation 4, 9, 12, 13 and 14, shall not apply—
(a) to any concentrated fruit juice specially prepared for infants and children and bearing on a label on its container a clear statement that it is intended for infants and children; or
(b) to any unfermented grape juice product intended exclusively for sacramental use and bearing on a label on its container a clear statement that it is so intended.
General restrictions on the use of specified descriptions
4. No person shall—
(a) give with any food sold by him any label, whether attached to or borne on the container or not, or display with any food offered or exposed by him for sale any ticket or notice, or
(b)...
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