The Jam and Similar Products Regulations (Northern Ireland) 2018

Regulation 2(1)

SCHEDULE 1 Authorised additional ingredients

1.  The following additional ingredients may be used in the manufacture of a regulated product to the extent stated —

(a) honey, as a total or partial substitute for sugar;

(b) edible oils and fats as anti-foaming agents.

2.  The following additional ingredients may be used in the manufacture of a regulated product—

(a) liquid pectin;

(b) spirits, wine and liqueur wine, nuts, aromatic herbs, spices, vanilla and vanilla extracts;

(c) vanilline; and

(d) any substance permitted pursuant to Regulation (EC) No 1333/2008.

Regulation 2(1)

SCHEDULE 2 Authorised treatments

1.  Fruit, fruit pulp, fruit purée and aqueous extracts of fruit may be—

(a) heated, chilled or frozen;

(b) freeze-dried; or

(c) concentrated, to the extent that is technically possible.

2.  Except when used for the manufacture of extra jam or extra jelly, fruit, fruit pulp, fruit purée and aqueous extracts of fruit may be treated using sulphur dioxide (E 220) or its salts (E 221, E 222, E 223, E 224, E 226 and E 227) as an aid to manufacture, provided that the maximum sulphur-dioxide content laid down in Regulation (EC) No 1333/2008 is not exceeded.

3.  Apart from being freeze-dried, apricots and plums used in the manufacture of jam may also be treated by any other drying process.

4.  Citrus peel may be preserved in brine.

Regulations 2 to 8

SCHEDULE 3 Regulated products

PART 1 List of products

Column 1 Product name	Column 2 Part of this Schedule containing the specification for the product
Part 1
Jam	Part 2
Extra jam	Part 3
Jelly	Part 4
Extra jelly	Part 5
Marmalade	Part 6
Jelly marmalade	Part 7
Sweetened chestnut purée	Part 8
Part 2
“X” curd	Part 9
Lemon cheese	Part 10
“Y” flavour curd	Part 11
Mincemeat	Part 12

PART 2 Jam

1.  Jam is a mixture, brought to a suitable gelled consistency, of—

(a) sugar;

(b) subject to paragraph 2, fruit pulp, or fruit purée, or both fruit pulp and fruit purée of one or more kinds of fruit; and

(c) water.

2.  Notwithstanding paragraph 1(b), citrus jam may be obtained from the whole fruit, cut into strips, sliced or cut into strips and sliced.

3.  The quantity of fruit pulp, or fruit purée, or both, used for every 1,000 grams of the finished product must not be less than—

(a) 250 grams in the case of any of the following—

(i) redcurrants;

(ii) rowanberries;

(iii) sea buckthorns;

(iv) blackcurrants;

(v) rosehips; and

(vi) quinces.

(b) 150 grams in the case of ginger;

(c) 160 grams in the case of cashew apples;

(d) 60 grams in the case of passion fruit; and

(e) 350 grams in the case of any other fruit.

4.  Apart from the ingredients mentioned in paragraphs 1 to 3, the product must not contain anything else except that it may contain any one or more of the following—

(a) an authorised additional ingredient;

(b) citrus fruit juice, in a product obtained from other kinds of fruit;

(c) red fruit juice, in a product manufactured from any one or more of the following fruits—

(i) rosehips;

(ii) strawberries;

(iii) raspberries;

(iv) gooseberries;

(v) redcurrants;

(vi) plums; or

(vii) rhubarb;

(d) red beetroot juice, in a product manufactured from any one or more of the following fruits—

(i) strawberries;

(ii) raspberries;

(iii) gooseberries;

(iv) redcurrants; and

(v) plums;

(e) other fruit juice;

(f) citrus peel; and

(g) leaves of Pelargonium odoratissimum, in a product made from quince.

5.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

6.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a) those products in respect of which sugar has been wholly or partially replaced by permitted sweeteners;

(b) those products in respect of which a “reduced sugar” claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

PART 3 Extra jam

1.  Extra jam is a mixture, brought to a suitable gelled consistency, of—

(a) in the case of rosehip extra jam, and in the case of seedless raspberry, blackberry, blackcurrant, blueberry or redcurrant extra jam, of—

(i) sugar;

(ii) the unconcentrated purée of that fruit, or a mixture of the unconcentrated pulp and purée of that fruit; and

(iii) water; and

(b) in other cases—

(i) sugar;

(ii) subject to paragraph 2, the unconcentrated pulp of one or more kinds of fruit; and

(iii) water.

2.  Notwithstanding paragraph 1(b)(ii), citrus extra jam may be obtained from the whole fruit, cut into strips, sliced or cut into strips and sliced.

3.  The following fruits must not be mixed with other fruits in the manufacture of extra jam—

(a) apples;

(b) pears;

(c) clingstone plums;

(d) melons;

(e) watermelons;

(f) grapes;

(g) pumpkins;

(h) cucumbers; and

(i) tomatoes.

4.  The quantity of fruit pulp (or fruit purée, or fruit purée and fruit pulp, in the case of a product to which paragraph 1(a) applies), used to manufacture 1,000 grams of the finished product must not be less than—

(a) 350 grams in the case of the following—

(i) redcurrants;

(ii) rowanberries;

(iii) sea buckthorns;

(iv) blackcurrants;

(v) rosehips; and

(vi) quinces;

(b) 250 grams in the case of ginger;

(c) 230 grams in the case of cashew apples;

(d) 80 grams in the case of passion fruit; and

(e) 450 grams in the case of any other fruit.

5.  Apart from the ingredients mentioned in paragraph 1, the product must not contain anything else except that it may contain any one or more of the following—

(a) an authorised additional ingredient;

(b) citrus fruit juice, in a product obtained from other kinds of fruit;

(c) red fruit juices, in a product manufactured from any one or more of the following fruits—

(i) rosehips;

(ii) strawberries;

(iii) raspberries;

(iv) gooseberries;

(v) redcurrants;

(vi) plums; and

(vii) rhubarb;

(d) citrus peel; and

(e) leaves of Pelargonium odoratissimum, in a product made from quince.

6.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 2 must not have been treated except using an authorised treatment.

7.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a) those products in respect of which sugar has been wholly or partially replaced by permitted sweeteners; and

(b) those products in respect of which a “reduced sugar” claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

PART 4 Jelly

1.  Jelly is an appropriately gelled mixture of—

(a) sugar and juice of one or more kinds of fruit;

(b) sugar and aqueous extract of one or more kinds of fruit; or

(c) sugar and fruit juice of one of more kinds of fruit and aqueous extract of one or more kinds of fruit.

2.  The quantity of fruit juice, or aqueous extract of fruit, or both, used for the manufacture of every 1,000 grams of the finished product must not be less than—

(a) 250 grams in the case of any of the following—

(i) redcurrants;

(ii) rowanberries;

(iii) sea buckthorns;

(iv) blackcurrants;

(v) rosehips; and

(vi) quinces.

(b) 150 grams in the case of ginger;

(c) 160 grams in the case of cashew apples;

(d) 60 grams in the case of passion fruit; and

(e) 350 grams in the case of any other fruit.

3.  Where aqueous extract of fruit is used in the manufacture of the product, the quantities specified in paragraph 2(a) to (e) must be calculated after deduction of the weight of water used in preparing the aqueous extracts.

4.  Apart from the ingredients mentioned in paragraph 1, the product must not contain anything else except that it may contain any one or more of the following —

(a) an authorised additional ingredient;

(b) citrus fruit juice, in a product obtained from other kinds of fruit;

(c) red beetroot juice, in a product manufactured from one or more of the following fruits—

(i) strawberries;

(ii) raspberries;

(iii) gooseberries;

(iv) redcurrants; or

(v) plums;

(d) citrus peel; and

(e) leaves of Pelargonium odoratissimum, in a product made from quince.

5.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 2 must not have been treated except using an authorised treatment.

6.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a) those products in respect of which sugar has been wholly or partially replaced by permitted sweeteners; and

(b) those products in respect of which a “reduced sugar” claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

PART 5 Extra jelly

1.  Extra jelly is an appropriately gelled mixture of—

(a) sugar and fruit juice;

(b) sugar and aqueous extract of fruit; or

(c) sugar and both fruit juice and aqueous extract of fruit.

2.  The following fruits must not be mixed with any other fruits in the manufacture of the product—

(a) apples;

(b) pears;

(c) clingstone plums;

(d) melons;

(e) watermelons.

(f) grapes;

(g) pumpkins;

(h) cucumbers; and

(i) tomatoes.

3.  The quantity of fruit juice, or aqueous extract of fruit, or both, used for the manufacture of every 1,000 grams of the finished product must not be less than—

(a) 350 grams in the case of the following—

(i) redcurrants;

(ii) rowanberries;

(iii) sea buckthorns;

(iv) blackcurrants;

(v) rosehips; and

(vi) quinces;

(b) 250 grams in the case of ginger;

(c) 230 grams in the case of cashew apples;

(d) 80 grams for passion fruit; and

(e) 450 grams in the case of any other fruit.

4.  Where aqueous extract of fruit is used in the manufacture of the product, the quantities in paragraphs (a) to (e) of paragraph 3 must be calculated after the deduction of the weight of water used in preparing the aqueous extract.

5.  Apart from the ingredients mentioned in paragraph 1, the product must not contain anything else except that it may contain any one or more of the following —

(a) an authorised additional ingredient;

(b) citrus fruit juice, in a product obtained from other kinds of fruit;

(c) citrus peel; and

(d) leaves of Pelargonium odoratissimum, in a product made from quince.

6.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 2 must not have been treated except using an authorised treatment.

7.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a) those products in respect of which sugar has been wholly or partially replaced by permitted sweeteners; and

(b) those products in respect of which a “reduced sugar” claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

PART 6 Marmalade

1.  Marmalade is a mixture, brought to a suitable gelled consistency, of—

(a) water;

(b) sugar; and

(c) fruit pulp, fruit purée, fruit juice, fruit peel or aqueous extract of fruit, or any combination thereof, in every case obtained from citrus fruit.

2.  The quantity of citrus fruit used for the manufacture of every 1,000 grams of the finished product must not be less than 200 grams, of which not less than 75 grams must be obtained from the endocarp.

3.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a) those products in respect of which sugar has been wholly or partially replaced by permitted sweeteners; and

(b) those products in respect of which a “reduced sugar” claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

4.  Apart from the ingredients mentioned in paragraph 1, the product must not contain anything else except that it may contain any one or more of the following—

(a) an authorised additional ingredient; and

(b) essential oils of citrus fruits.

5.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 2 must not have been treated except using an authorised treatment.

PART 7 Jelly marmalade

1.  Jelly marmalade complies with all of the requirements for marmalade in Part 6 but it contains no insoluble matter except that it may contain small quantities of finely sliced peel.

PART 8 Sweetened chestnut purée

1.  Sweetened chestnut purée is a mixture brought to a suitable consistency, of water, sugar and puréed chestnuts.

2.  Not less than 380 grams of puréed chestnuts must be used for the manufacture of every 1,000 grams of the finished product.

3.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a) those products in respect of which sugar have been wholly or partially replaced by permitted sweeteners; and

(b) those products in respect of which a “reduced sugar” claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

4.  Apart from the ingredients mentioned in paragraph 1, the product must not contain anything else except that it may contain an authorised additional ingredient.

5.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 2 must not have been treated except using an authorised treatment.

6.  In this Schedule “chestnuts” means the fruit of the sweet chestnut tree (Castanea sativa).

PART 9 “X” Curd

1.  “X” Curd is an emulsion of edible fat or oil (or both), sugar, whole egg or egg yolk (or both), and any combination of fruit, fruit pulp, fruit purée, fruit juice, aqueous extract of fruit or essential oils of fruit, with or without other edible ingredients.

2.  The quantity of fat and oil used for the manufacture of every 1,000 grams of the finished product must not be less than 40 grams.

3.  The quantity of whole and egg yolk used for every 1,000 grams of the finished product must not be less than 6.5 grams of egg yolk solids.

4.  The quantity of fruit, fruit pulp, fruit purée, fruit juice, aqueous extract of fruit, and essential oil of fruit must be sufficient to characterise the finished product.

5.  The product must have a soluble dry matter content of 65% or more as determined by refractometer at 20°C except for—

(a) those products in respect of which sugars have been wholly or partially replaced by permitted sweeteners; and

(b) those products in respect of which a “reduced sugar” claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

6.  References to “X” in this paragraph must be read as if for “X” there was substituted—

(a) the name of a particular kind of fruit;

(b) the words “mixed fruit”; or

(c) the word “fruit” preceded by an indication of the number of kinds of fruit used in the preparation of the product.

PART 10 Lemon cheese

1.  Lemon cheese is a food conforming to the requirements in Part 9 appropriate for lemon curd.

PART 11 “Y” flavour curd

1.  “Y” flavour curd is an emulsion of edible fat or oil (or both), sugar, whole egg or egg yolk (or both), and flavouring material with or without other edible ingredients.

2.  The quantity of fat and oil used for the manufacture of every 1,000 grams of the finished product must not be less than 40 grams.

3.  The quantity of whole egg and egg yolk used must be such that every 1,000 grams of the finished product contains not less than 6.5 grams of egg yolk solids.

4.  The quantity of flavouring material used must be sufficient to characterise the product.

5.  The product must have a soluble dry matter content of 65% or more as determined by refractometer at 20°C except for—

(a) those products in respect of which sugars have been wholly or partially replaced by permitted sweeteners; and

(b) those products in respect of which a “reduced sugar” claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

6.  References to “Y” in this Schedule must be read as if for “Y” there was substituted—

(a) the name of a particular kind of fruit; or

(b) the words “mixed fruit”.

PART 12 Mincemeat

1.  Mincemeat is a mixture of sweetening agents, vine fruits, citrus peel, suet or equivalent fat and vinegar or acetic acid, with or without other edible ingredients.

2.  Not less than 300 grams of vine fruits and citrus peel must be used for the manufacture of every 1,000 grams of the finished product, of which not less than 200 grams must consist of vine fruits.

3.  Not less than 25 grams of suet or equivalent fat must be used for the manufacture of every 1,000 grams of the finished product.

4.  The product must have a soluble dry matter content of 65% or more as determined by refractometer at 20°C except for—

(a) those products in respect of which sugars have been wholly or partially replaced by permitted sweeteners; and

(b) those products in respect of which a “reduced sugar” claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

5.  In this Part—

“sweetening agents” means any one or more of the following—

(a)

any sugar product defined in the Annex to Directive 2001/111/EC relating to certain sugars intended for human consumption;

(b)

brown sugar;

(c)

cane molasses; or

(d)

honey; and

“vine fruits” means any one or more of the following fruits—

(a)

currants;

(b)

muscatels;

(c)

raisins; and

(d)

sultanas.

Regulation 10

SCHEDULE 4 Application and modifications of provisions of the Order

Column 1 Provision of the Order	Column 2 Modifications
Article 4 (presumptions that food intended for human consumption)	In paragraph (1), for “this Order” substitute “the Jam and Similar Products Regulations (Northern Ireland) 2018”.
Article 9(1) and (2) (improvement notices)	For paragraph (1), substitute— “(1) If an authorised officer has reasonable grounds for believing that a person is failing to comply with any of regulations 4 to 8 of the Jam and Similar Products Regulations (Northern Ireland) 2018, he may, by a notice served on that person (in this order referred to as an “improvement notice”)— (a) state the officer’s grounds for believing that the person is failing to comply with the relevant provision; (b) specify the matters which constitute the person’s failure so to comply; (c) specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and (d) require the person to take those measures, or measures that are at least equivalent to them, within such period as may be specified in the notice”.
Article 19 (offences due to fault of another person)	For “any of the preceding provisions of this Part” substitute “Article 9(2), as applied by regulation 10 and Schedule 4 of the Jam and Similar Products Regulations (Northern Ireland) 2018,”.
Article 20 (1) and (5) (defence of due diligence)	In paragraph (1), for “any of the preceding provisions of this Part” substitute “Article 9(2), as applied by regulation 10 and Schedule 4 of the Jam and Similar Products Regulations (Northern Ireland) 2018,”.
Article 30(8) (which relates to evidence of certificates given by a food analyst or examiner)	For “this Order” substitute “the Jam and Similar Products Regulations (Northern Ireland) 2018”.
Article 34 (obstruction etc of officers)	In paragraph (1), for “this Order” (in each place occurring) substitute “the Jam and Similar Products Regulations (Northern Ireland) 2018”.
Article 36(1) and (2) (punishment of offences)	In paragraph (1), after “Article 34(1)”, insert, “as applied and modified by regulation 10 of, and Schedule 4 to, the Jam and Similar Products Regulations (Northern Ireland) 2018,”. After paragraph (1), insert— “(1A)  A person guilty of an offence under Article 9(2), as applied by regulation 10 of the Jam and Similar Products Regulations (Northern Ireland) 2018, shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.”. In paragraph (2)— (a) for “any other offence under this Order”, substitute “an offence under Article 34(2), as applied by regulation 10 of, and Schedule 4 to, the Jam and Similar Products Regulations (Northern Ireland) 2018,”; and (b) in paragraph (b), for “the relevant amount”, substitute “the statutory maximum.”
Article 37 (appeals)	For paragraph (1) substitute “Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under Article 9(1) as applied and modified by regulation 10 and Schedule 4 of the Jam and Similar Products Regulations (Northern Ireland) 2018 may appeal to a court of summary jurisdiction”. In paragraph (2A)(b) for “paragraph (1)(a)” substitute “paragraph (1)”
Article 38 (appeals against improvement notices)	In paragraphs (1) and (2), after “improvement notice” insert “under Article 9(1) as applied by regulation 10 and Schedule 4 of the Jam and Similar Products Regulations (Northern Ireland) 2018”