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STATUTORY INSTRUMENTS
1991No. 1284
FOOD
The Fruit Juices and Fruit Nectars (England, Wales and Scotland)
(Amendment) Regulations 1991
Made
16th May 1991
Laid before Parliament
6th June 1991
Coming into force
28th June 1991
The Minister of Agriculture, Fisheries and Food, the Secretary of
State for Health and the Secretary of State for Wales, acting jointly,
in relation to England and Wales and the Secretary of State for Scotland
in relation to Scotland, in exercise of the powers conferred on them by
sections 4(1), 6(4), 16(1)(a), (c) and (e), 26(1)(a) and (3) and 48(1)
of the Food Safety Act 1990[1]
and of all other powers enabling them in that behalf,
hereby make the following Regulations after consultation in accordance
with section 48 of the said Act with such organisations as appear to
them to be representative of interests substantially affected by the
Regulations:—
Title and commencement
1. These Regulations may be cited as the Fruit Juices and Fruit Nectars
(England, Wales and Scotland) (Amendment) Regulations 1991 and shall
come into force on 28th June 1991.
Amendment of the Fruit Juices and Fruit Nectars Regulations 1977 and
the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977
2.—(1) The Fruit Juices and Fruit Nectars Regulations 1977[2]
("the English and Welsh Regulations"
) and the Fruit Juices and Fruit Nectars (Scotland) Regulations
1977[3]
("the Scottish Regulations"
) shall be further amended in accordance with the following
provisions of these Regulations.
(2) In these Regulations"the 1977 Regulations"
means the English and Welsh Regulations and the Scottish
Regulations.
Amendment of regulation 2
3. Regulation 2(1) (interpretation) of the 1977 Regulations shall be
amended as follows—
(a) for the definition of"fruit juice"
substitute the following definition—
""fruit juice" means—
(a) the food consisting of fermentable but unfermented juice
which—
(i) 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
(ii) 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
(iii) 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;
(b) fruit puree where the nature of the fruit from which the
juice is to be obtained is such that it is impossible to extract the
juice without the pulp;"
;
(b) in the definition of"fruit nectar"—
(i) insert immediately after the words"quantity of acid"
the words"(if any)"
;
(ii) in sub-paragraph (b) delete the words"obtained exclusively from fruit puree or concentrated fruit
puree or an admixture thereof"
;
(iii) delete sub-paragraph (c);
(c) in the definition of"sell"
insert immediately after the word"sell"
the words", save in relation to regulation 7(1A),"
;
(d) after the definition of"sugar"
insert the following definition—
(i) in the English and Welsh Regulations—
""ultimate consumer" has the meaning assigned to it by the Food Labelling Regulations 1984[4]
;"
(ii) in the Scottish Regulations—
""ultimate consumer" has the meaning assigned to it by the Food Labelling (Scotland) Regulations 1984[5]
;"
.
Amendment of regulation 7 4. Regulation 7 (miscellaneous labelling) of the 1977 Regulations shall
be amended—
(a) by substituting for paragraph (1) thereof the following
paragraph—
" (1) No person shall sell—
(a) any fruit juice or dried fruit juice which, in accordance with
paragraph (b), (c) or (d) of the proviso to regulation 11(1), contains
any added sugar in excess of 15 grammes per litre, or
(b) any concentrated fruit juice which in accordance with paragraph (b),
(c) or (d) of the proviso to regulation 11(1) contains any added sugar,
unless the food is marked or labelled with the word"sweetened"
followed by a declaration of the maximum added sugar content of the
food in grammes per litre, so, however, that the content declared shall
not exceed the actual content by more than 15 per cent of the actual
content."
;
(b) by inserting after paragraph (1) the following new paragraph—
" (1A) No person shall sell any concentrated fruit juice which, in
accordance with paragraph (m) of the proviso to regulation 11(1),
contains any added sugar unless at the time of that sale the purchaser
has been notified that sugar has been added to the concentrated fruit
juice."
;
(c) by substituting for paragraph (9) thereof the following
paragraph—
(i) in the English and Welsh Regulations—
" (9) In this regulation"catering establishment"
has the meaning assigned to it by the Food Labelling Regulations
1984."
.
(ii) in the Scottish Regulations—
" (9) In this regulation"catering establishment"
has the meaning assigned to it by the Food Labelling (Scotland)
Regulations 1984."
.
Amendment of regulation 8A 5. Regulation 8A (degree of concentration of concentrated fruit juice)
of the 1977 Regulations shall be amended by deleting paragraph (2).
Amendment of regulation 11 6. The proviso to regulation 11(1) of the 1977 Regulations (which
permits additional ingredients) shall be amended as follows—
(a) in sub-paragraph (f)(i) substitute"items 1A, 3, 4 and 5A of column 1"
for"items 3 and 4 of column 1"
;
(b) insert the following new sub-paragraphs after sub-paragraph
(k)—
"(l) for the purposes of sub-paragraph (b), (c) and (d) of this
paragraph"concentrated fruit juice"
shall mean concentrated fruit juice which has been prepackaged for
sale to the ultimate consumer;
(m) concentrated orange juice which is not prepackaged and not intended
for sale to the ultimate consumer may contain added sugar in a
proportion after dilution to its preconcentrated strength not exceeding
15 grammes per litre calculated as dry matter."
.
Replacement of Schedule 1 7. For Schedule 1 to the 1977 Regulations (which specifies minimum
quantities) there shall be substituted the new Schedule 1 set out in the
Schedule to these Regulations.
Amendment of Schedule 4 8. Schedule 4 to the 1977 Regulations (which permits the addition of
types of acid) shall be amended as follows—
(a) in item 1 insert after"Apple nectar"
the words"other than apple nectar obtained exclusively from apple puree
or concentrated apple puree or an admixture thereof"
;
(b) insert the following item immediately after item 1—
In column 1
In column 2
In column 3
(fruit juice, concentrated fruit juice or fruit nectar)
(added permitted acid)
(grammes per litre after dilution if appropriate, not exceeding)
"1A. Apple nectar obtained exclusively from apple puree or concentrated apple puree or an admixture thereof
Citric acid
5
(c) insert the following item between existing items 5 and 6—
In column 1
In column 2
In column 3
(fruit juice, concentrated fruit juice or fruit nectar)
(added permitted acid)
(grammes per litre after dilution if appropriate, not exceeding)
"5A. Any admixture of the fruit nectars referred to in items 1A, 3 and 4 of this Schedule
Citric acid
5
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th May 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under Secretary of State for Health
15th May 1991
David Hunt
Secretary of State for Wales
16th May 1991
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
