The Honey (Scotland) Regulations 2003

Interpretation

2.—(1) In these Regulations–

“the Act” means the Food Safety Act 1990;

“brood” means any immature stage of the honeybee including the egg, larva and pupa and any honeybee which has not emerged from its cell in a honeycomb, and “broodless” shall be construed accordingly;

“catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;

“Directive 2001/110” means Council Directive 2001/110/EC relating to honey(1);

“EEA Agreement” means the Agreement on the European Economic Area(2) signed at Oporto on 2nd May 1992 as adjusted by the Protocol(3) signed at Brussels on 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“honey” means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant–sucking insects on the living parts of plants which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature;

“preparation” includes manufacture and any form of processing or treatment and “prepared” shall be construed accordingly;

“the 1996 Regulations” means the Food Labelling Regulations 1996(4);

“reserved description”, as regards any specified honey product means any description specified in relation to that product in column 1 of Schedule 1 (as read with the Notes relating to that Schedule);

“sell” includes offer or expose for sale and includes have in possession for sale, and “sale” and “sold” shall be construed accordingly;

“specified honey product”, subject to paragraph (2) means any food specified in column 2 of Schedule 1; and

“ultimate consumer” means any person who buys otherwise than–

(a)

for the purpose of resale;

(b)

for the purposes of a catering establishment; or

(c)

for the purposes of a manufacturing business.

(2) A food described in Column 2 of Schedule 1, is not a specified honey product unless–

(a) it meets the relevant specifications contained in Schedule 2 (as read with the notes relating to that Schedule); and

(b) no other ingredient has been added to it and it is as far as possible free from organic or inorganic matters foreign to its composition.

(3) Any other expression used in both these Regulations and Directive 2001/110 has the same meaning in these Regulations as that Directive.

(1)

O.J. No. L 10, 12.1.02, p.47, as adopted by EEA Joint Committee Decision 99/02 (O.J. No. L 298, 31.10.02, p.10).

(2)

O.J. No. L 1, 3.1.94, p.1.

(3)

O.J. No. L 1, 3.1.94, p.571.

(4)

S.I. 1996/1499 to which there are amendments not relevant to these Regulations.