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The Cocoa and Chocolate Products (Scotland) Regulations 2003

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Interpretation

2.  In these Regulations–

the Act” means the Food Safety Act 1990;

“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;

“designated product” means any cocoa or chocolate product specified in column 2 of Schedule 1, as read with any Note to that Schedule and any provision of regulation 3 and Schedule 2 relating to that product; and “designated cocoa product” and “designated chocolate product” mean any such product which is respectively a cocoa product or a chocolate product;

Directive 2000/36/EC” means Council Directive 2000/36/EC relating to cocoa and chocolate products intended for human consumption(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;

“other edible substances” does not include vegetable fats referred to in regulation 3 or the filling of any product specified in column 2 of item 7 or of item 10(a) of Schedule 1;

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

“reserved description”, as respects any designated product, means any description specified in relation to that product in column 1 of Schedule 1;

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

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

(1)

O.J. No. L 197, 3.8.00, p.19, as adopted by EEA Joint Committee Decision 152/2001 (O.J. No. L 65, 7.3.02, p.26).

(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; the relevant amending instrument is S.I. 1998/1398.

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