“Chargeable soft drink” means a packaged soft drink that—
(a)meets the sugar content condition (see section 29), and
(b)is not an exempt soft drink (see section 30).
(1)A packaged soft drink meets the sugar content condition if it contains—
(a)added sugar ingredients, and
(b)at least 5 grams of sugars (whether or not as a result of containing added sugar ingredients) per 100 millilitres of prepared drink.
(2)A packaged soft drink contains “added sugar ingredients” if any of the following are combined with other ingredients at any stage in the production of the soft drink—
(a)calorific mono-saccharides or di-saccharides;
(b)a substance containing calorific mono-saccharides or di-saccharides.
(3)But a packaged soft drink does not contain “added sugar ingredients” only by reason of containing fruit juice, vegetable juice or milk (or any combination of them).
(4)The Commissioners may by regulations make provision about what is, or is not, to be treated for the purposes of this Part as fruit juice, vegetable juice or milk.
(5)Where regulations under subsection (4) contain a reference to an EU instrument or any provision of an EU instrument, the regulations may provide that the reference is to be construed as a reference to that instrument or that provision as amended from time to time.
(1)The following are “exempt soft drinks”—
(a)milk-based drinks,
(b)milk substitute drinks,
(c)alcohol substitute drinks, and
(d)soft drinks of a specified description which are for use for medicinal or other specified purposes.
(2)“Milk-based drink” means a soft drink which contains at least 75 millilitres of milk per 100 millilitres of prepared drink.
(3)“Milk substitute drink” means a soft drink which—
(a)contains at least the specified quantities of calcium, and
(b)meets such other conditions as may be specified.
(4)“Alcohol substitute drink” means a soft drink which—
(a)is similar to a particular kind of alcoholic beverage, and
(b)meets such other conditions as may be specified.
(5)“Alcoholic beverage” means a beverage which is of an alcoholic strength exceeding 1.2%.
(6)The Commissioners may by regulations make further provision about the criteria for determining what is, or is not, to be treated as an exempt soft drink.
(7)Where regulations made under, or for the purposes of, this section contain a reference to an EU instrument or any provision of an EU instrument, the regulations may provide that the reference is to be construed as a reference to that instrument or that provision as amended from time to time.