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The Fruit Juices and Fruit Nectars (Scotland) Regulations 2003

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Interpretation

2.—(1) 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, subject to paragraph (2), any food specified in column 2 of Schedule 1;

Directive 95/2/EC” means European Parliament and Council Directive 1995/2 on food additives other than colours and sweeteners(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;

“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 respects any designated product, means any description specified in relation to that product in column 1 of Schedule 1 as read with the conditions which preface column 1 of Schedule 1;

“sell” includes offer or expose for sale or have in possession for sale and “sale” and “sold” shall be construed accordingly; 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 designated product if–

(a)it has been prepared from any raw material other than those listed in Schedule 2;

(b)it contains any additional ingredient other than such as is authorised for the designated product in question in Schedule 3;

(c)being a fruit juice, concentrated fruit juice, fruit juice from concentrate, or dehydrated or powdered fruit juice, it has been prepared by adding–

(i)both sugars and lemon juice (whether concentrated or not); or

(ii)both sugars and acidifying agents as permitted by Directive 95/2/EC,

to the same juice;

(d)it has been subjected to any treatment or contains any additional substance other than such as are specified in Schedule 4; and

(e)in the case of a fruit nectar, it does not contain the minimum juice or purée content specified in Schedule 5 as read with the Note to that Schedule.

(1)

O.J. No. L 61, 18.3.65, p.1; as last amended by Directive 98/72/EC (O.J. No. L 275, 41198, p.18).

(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 instruments are S.I. 1998/1398,1999/747,1999/1136 and 1999/1483 and S.S.I. 2000/309.

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