The Fruit Juices and Fruit Nectars (England) Regulations 2013

Regulation 3(3)

SCHEDULE 1 Ambulatory references

The EU instruments that must be construed as amended from time to time are—

(a) Council Directive 98/83/EC on the quality of water intended for human consumption(1);

(b) Council Directive 2001/110/EC;

(c) Council Directive 2001/111/EC;

(d) Directive 2001/112/EC;

(e) Regulation 1935/2004;

(f) Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods(2);

(g) Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97(3);

(h) Regulation 1333/2008.

Regulation 2(1)

SCHEDULE 2 Specification for fruit juice

1.  Fruit juice is the fermentable but unfermented product obtained from the edible part of fruit which is sound, ripe and fresh or preserved by chilling or freezing of one or more kinds mixed together having the characteristic colour, flavour and taste typical of the juice of the fruit from which it comes.

2.  As well as the product mentioned in paragraph 1, and without prejudice to entries numbers 4 and 7 of Schedule 11, the fruit juice may contain any of the following—

(a) an authorised additional ingredient;

(b) an authorised additional substance;

(c) restored flavour, pulp and cells (or any one or more of them) obtained by suitable physical means from the same species of fruit;

(d) in the case of grape juice, restored salts of tartaric acids; and

(e) in the case of tomato juice, salt, spices and aromatic herbs.

3.  In the case of citrus fruits, except for lime, the fruit juice must come from the endocarp.

4.  In the case of lime juice, the fruit juice must come from the endocarp or the whole fruit.

5.  Where a juice is processed from a fruit with pips, seeds and peel, parts or components of pips, seeds and peel must not be incorporated in the juice.

6.  Paragraph 5 does not apply in a case where parts or components of pips, seeds and peel cannot be removed by good manufacturing practices.

7.  Fruit juice may be mixed with fruit purée in the production of the fruit juice.

8.  No treatment, except for an authorised treatment, may be used in the manufacture of a fruit juice.

9.  The Brix level of the product must be the Brix level of the juice as extracted from the fruit and must not be modified, except by blending with the juice of the same species of fruit.

Regulation 2(2)(a)

SCHEDULE 3 Specification for fruit juice from concentrate

1.  Fruit juice from concentrate is the product obtained by reconstituting concentrated fruit juice with potable water that meets the criteria set out in Council Directive 98/83/EC.

2.  In a case where a fruit juice from concentrate is manufactured from a fruit specified in column 2 of Schedule 13, the soluble solids content of the finished product must have a Brix level of at least the level specified in the corresponding entry in column 3 of that Schedule, as read together with the Notes to that Schedule.

3.  In a case where a fruit juice from concentrate is manufactured from a fruit that is not specified in column 2 of Schedule 13, the soluble solids content of the finished product must have a Brix level of the juice as extracted from the fruit used to make the concentrate.

4.  The product must be prepared by suitable processes that maintain the essential physical, chemical, organoleptical and nutritional characteristics of an average type of juice of the fruit from which it comes.

5.  In the production of the product, concentrated fruit juice, or both fruit juice and concentrated fruit juice, may be mixed with—

(a) fruit purée;

(b) concentrated fruit purée; or

(c) both fruit purée and concentrated fruit purée.

6.  As well as the ingredients mentioned in paragraphs 1 and 5, the product may contain any of the following—

(a) an authorised additional ingredient;

(b) an authorised additional substance;

(c) restored flavour, pulp and cells (or any one or more of them) obtained by suitable physical means from the same species of fruit; and

(d) in the case of tomato juice from concentrate, salt, spices and aromatic herbs.

7.  No treatment, except for an authorised treatment, may be used in the manufacture of a product.

8.  Any reference to a Brix level in this Schedule is a reference to the Brix level of a juice exclusive of the soluble solids of any added optional ingredients and additives.

Regulation 2(2)(b)

SCHEDULE 4 Specification for concentrated fruit juice

1.  Concentrated fruit juice is the product obtained from fruit juice of one or more fruit species by the physical removal of a specific proportion of its water content.

2.  Where the product is intended for direct consumption, the proportion of water content removed must be at least 50%.

3.  As well as the ingredients mentioned in paragraph 1, the product may contain any of the following—

(a) an authorised additional ingredient;

(b) an authorised additional substance; and

(c) restored flavour, pulp and cells (or any one or more of them) obtained by suitable physical means from the same species of fruit.

4.  No treatment, except for an authorised treatment, may be used in the manufacture of a product.

Regulation 2(2)(c)

SCHEDULE 5 Specification for water extracted fruit juice

1.  Water extracted fruit juice is the product obtained by diffusion with water of—

(a) pulpy whole fruit whose juice cannot be extracted by any physical means; or

(b) dehydrated whole fruit.

2.  As well as the ingredients mentioned in paragraph 1, the product may contain either, or both, of the following—

(a) an authorised additional ingredient; and

(b) an authorised additional substance.

3.  No treatment, except for an authorised treatment, may be used in the manufacture of a product.

Regulations 2(2)(d)

SCHEDULE 6 Specification for dehydrated fruit juice and powdered fruit juice

1.  Dehydrated fruit juice or powdered fruit juice is the product obtained from fruit juice of one or more fruit species by the physical removal of virtually all of its water content.

2.  As well as the ingredients mentioned in paragraph 1, the product may contain either, or both, of the following—

(a) an authorised additional ingredient; and

(b) an authorised additional substance.

3.  No treatment, except for an authorised treatment, may be used in the manufacture of a product.

Regulation 2(3)

SCHEDULE 7 Specification for fruit nectar

PART 1 General specification for fruit nectar

1.  Fruit nectar is the fermentable but unfermented product that is obtained by adding water to a juice listed in paragraph 2 either with or without one or both of the substances listed in paragraph 3.

2.  The juices are—

(a) fruit juice;

(b) fruit juice from concentrate;

(c) concentrated fruit juice;

(d) water extracted fruit juice;

(e) dehydrated fruit juice;

(f) powdered fruit juice;

(g) fruit purée;

(h) concentrated fruit purée; or

(i) any mixture of the products mentioned in subparagraphs (a) to (h).

3.  The substances are—

(a) sugars, and

(b) honey.

4.  The amount of sugars or honey, or sugars and honey, added to the product in accordance with paragraph 1 must not exceed 20% of the total weight of the finished product.

5.  The product must contain the minimum content of fruit juice, fruit purée, or a mixture of such juice and purée, specified in Part 2.

6.  Where the product is manufactured without added sugar or with reduced energy value, sugars may be replaced wholly or partially by sweeteners in accordance with the requirements of Regulation 1333/2008.

7.  As well as the ingredients mentioned in paragraphs 1, 2, 3, 5 and 6, the product may contain any of the following—

(a) an authorised additional ingredient;

(b) an authorised additional substance;

(c) restored flavour, pulp and cells (or any one or more of them) obtained by suitable physical means from the same species of fruit; and

(d) sweeteners (which may be added in addition to any sugar or honey added in accordance with paragraph 1 as read with paragraph 3).

8.  No treatment, except for an authorised treatment, may be used in the manufacture of a product.

PART 2 Minimum juice and purée content of fruit nectars

Fruit nectars made from	Minimum juice, purée or juice and purée content (% by volume of finished product)
1. Fruit nectars made from fruits with acidic juice unpalatable in the natural state
Apricots	40
Bilberries	40
Blackberries	40
Blackcurrants	25
Cranberries	30
Elderberries	50
Gooseberries	30
Lemons and limes	25
Mulberries	40
Passion fruit	25
Plums	30
Quetsches	30
Quinces	50
Quito naranjillos	25
Raspberries	40
Redcurrants	25
Rose hips	40
Rowanberries	30
Seabuckthorn berries	25
Sloes	30
Sour cherries	35
Other cherries	40
Strawberries	40
Whitecurrants	25
Other fruits belonging to this category	25
2. Low-acid, pulpy or highly-flavoured fruits with juice unpalatable in the natural state
Azeroles (Neapolitan medlars)	25
Bananas	25
Bullock’s heart or custard apple	25
Cashew fruits	25
Guavas	25
Lychees	25
Mangoes	25
Papayas	25
Pomegranates	25
Soursop	25
Spanish plums	25
Sugar apples	25
Umbu	25
Other fruits belonging to this category	25
3. Fruits with juice palatable in the natural state
Apples	50
Citrus fruits except lemons and limes	50
Peaches	50
Pears	50
Pineapples	50
Tomatoes	50
Other fruits belonging to this category	50

Regulation 3(1)

SCHEDULE 8 Authorised additional ingredients

1.  Any vitamin or mineral authorised in accordance with Regulation (EC) No 1925/2006.

2.  Any food additive authorised in accordance with Regulation 1333/2008.

3.  Any one or more of the following juices (expressed as anhydrous citric acid) added for the purpose of regulating acidic taste if the total amount of such added juice does not exceed 3 grams per litre of the product—

(a) lemon juice;

(b) lime juice;

(c) concentrated lemon juice;

(d) concentrated lime juice.

Regulation 3(1)

SCHEDULE 9 Authorised additional substances

1.  The following enzyme preparations meeting the requirements of Regulation (EC) No 1332/2008—

(a) pectinases, for the breakdown of pectin;

(b) proteinases, for the breakdown of proteins; and

(c) amylases, for the breakdown of starch.

2.  Edible gelatine.

3.  Tannins.

4.  Silica sol.

5.  Charcoal.

6.  Nitrogen.

7.  Bentonite as an adsorbent clay.

8.  Chemically inert filtration aids and precipitation agents, including perlite, washed diatomite, cellulose, insoluble polyamide, polyvinylpolypyrrolidone, and polystyrene, which comply with Regulation 1935/2004.

9.  Chemically inert adsorption aids which comply with Regulation 1935/2004 and which are used to reduce the limonoid and naringin content of citrus juice without significantly affecting the limonoid glucosides, acid, sugars (including oligosaccharides) or mineral content of such juice.

Regulation 3(1)

SCHEDULE 10 Authorised treatments

1.  Mechanical extraction processes.

2.  The usual physical processes, including in-line water extraction (diffusion) of the edible part of the fruit used in the manufacture of a concentrated fruit juice (except in-line water extraction (diffusion) in relation to grapes used in the manufacture of a concentrated fruit juice), if the fruit juice obtained in this way complies with—

(a) in the case of fruit juice, the requirements in Schedule 2; and

(b) in the case of fruit juice from concentrate, the requirements in Schedule 3.

3.  In the production of grape juice where sulphitation of the grapes with sulphur dioxide has been used, desulphitation by physical means if the total quantity of sulphur dioxide in the finished product does not exceed 10 mg per litre of the juice.

Regulation 4(2)

SCHEDULE 11 Alternative designations for fruit juice

Column 1 Entry	Column 2 Designation	Column 3 Product
1.	“Süßmost”	The designation “Süßmost” may be used, but only in conjunction with the product name “Fruchtsaft” or “Fruchtnektar”, for a fruit juice obtained from— (a) apples; (b) pears; or (c) pears with the addition of apples where appropriate.
2.	“æblemost”	Apple juice.
3.	“sur … saft”, together with the name (in Danish) of the fruit used	Juices obtained from blackcurrants, cherries, redcurrants, whitecurrants, raspberries, strawberries or elderberries.
4.	“sød … saft” or “sødet … saft” together with the name (in Danish) of the fruit used	Juices obtained from the named fruit with more than 200 grams of added sugar per litre in the form of sugar, honey or both sugar and honey.
5.	“äppelmust/äpplemust”	Apple juice.
6.	“mosto”	Synonym of grape juice.
7.	“smiltsērkšķu sula ar cukuru”, “astelpaju mahl suhkruga” or “słodzony sok z rokitnika”	Juices obtained from seabuckthorn berries with no more than 140 grams of added sugar per litre in the form of sugar, honey or both sugar and honey.

Regulation 9(2)

SCHEDULE 12 Alternative designations for fruit nectar

Column 1 Entry	Column 2 Designation	Column 3 Product
1.	“vruchtendrank”
2.	“Süßmost”	The designation “Süßmost” may be used, but only in conjunction with the product names “Fruchtsaft” or “Fruchtnektar”, for fruit nectar obtained exclusively from fruit juices, concentrated fruit juices or a mixture of these products, unpalatable in the natural state because of their high natural acidity.
3.	“succo e polpa” or “sumo e polpa”	For fruit nectars obtained exclusively from fruit purée or concentrated fruit purée or from both fruit purée and concentrated fruit purée.

Regulation 10(6)

SCHEDULE 13 Minimum Brix levels for a fruit juice from concentrate

Column 1 Common Name of the Fruit		Column 2 Botanical Name	Column 3 Minimum Brix level
Apple (*)		Malus domestica Borkh.	11.2
Apricot (**)		Prunus armeniaca L.	11.2
Banana (**)		Musa x paradisiaca L. (excluding plantains)	21.0
Blackcurrant (*)		Ribes nigrum L.	11.0
Grape (*)		Vitis vinifera L. or hybrids thereof Vitis labrusca L. or hybrids thereof	15.9
Grapefruit (*)		Citrus x paradisi Macfad.	10.0
Guava (**)		Psidium guajava L.	8.5
Lemon (*)		Citrus limon (L.) Burm.f.	8.0
Mandarin (*)		Citrus reticulata Blanco	11.2
Mango (**)		Mangifera indica L.	13.5
Orange (*)		Citrus sinensis (L.) Osbeck	11.2
Passion Fruit (*)		Passiflora edulis Sims	12.0
Peach (**)		Prunus persica (L.) Batsch var. persica	10.0
Pear (**)		Pyrus communis L.	11.9
Pineapple (*)		Ananas comosus (L.) Merr.	12.8
Raspberry (*)		Rubus idaeus L.	7.0
Sour Cherry (*)		Prunus cerasus L.	13.5
Strawberry (*)		Fragaria x ananassa Duch.	7.0
Tomato (*)		Lycopersicon esculentum Mill.	5.0
Notes:
1.	For those products marked with an asterisk (*), which are produced as a juice, a minimum relative density is determined as such in relation to water at 20/20 °C.
2.	For those products marked with two asterisks (**), which are produced as a purée, only a minimum uncorrected Brix reading (without correction of acid) is determined.

Regulation 19

SCHEDULE 14 Application of other provisions of the Act

Column 1 Provision of the Act	Column 2 Modifications
Section 3 (presumptions that food intended for human consumption)	In subsection (1), for “this Act” substitute “the Fruit Juices and Fruit Nectars (England) Regulations 2013”.
Section 20 (offences due to fault of another person)	For “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 17(1) of the Fruit Juices and Fruit Nectars (England) Regulations 2013,”.
Section 21(1) and (5) (defence of due diligence)	In subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 17(1) of the Fruit Juices and Fruit Nectars (England) Regulations 2013,”.
Section 30(8) (which relates to evidence of certificates given by a food analyst or examiner)	For “this Act” substitute “the Fruit Juices and Fruit Nectars (England) Regulations 2013”.
Section 33 (obstruction etc. of officers)	In subsection (1), for “this Act” (in each place occurring) substitute “the Fruit Juices and Fruit Nectars (England) Regulations 2013”.
Section 35(1)(4) and (2) (punishment of offences)	In subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 19 of, and Schedule 14 to, the Fruit Juices and Fruit Nectars (England) Regulations 2013,”. After subsection (1), insert the following subsection— “(1A) A person guilty of an offence under section 10(2), as applied by regulation 17(1) of the Fruit Juices and Fruit Nectars (England) Regulations 2013, shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.”. In subsection (2)— (a) for “any other offence under this Act”, substitute “an offence under section 33(2), as applied by regulation 19 of, and Schedule 14 to, the Fruit Juices and Fruit Nectars (England) Regulations 2013,”; and (b) in paragraph (b), for “relevant amount”, substitute “statutory maximum”.
Section 36 (offences by body corporate)	In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 17(1) of the Fruit Juices and Fruit Nectars (England) Regulations 2013,”.
Section 36A(5) (offences by Scottish partnerships)	In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 17(1) of the Fruit Juices and Fruit Nectars (England) Regulations 2013,”.
Section 44 (protection of officers acting in good faith)	For “this Act” (in each place occurring) substitute “the Fruit Juices and Fruit Nectars (England) Regulations 2013”.

Regulation 21

SCHEDULE 15 Consequential amendments

Amendment of the Food Labelling Regulations 1996

1.  Insert the following regulation after regulation 17 of the Food Labelling Regulations 1996(6)—

“Restoration of fruit juices and similar products

17A.   The restoration of products defined in Part I of Annex I to Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption to their original state, by means of the substances strictly necessary for this operation, does not entail an obligation to enter on the labels a list of the ingredients used for the purpose of that restoration.”.

Amendment of the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007

2.—(1) The Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007(7) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “the Fruit Juices Regulations”, for “the Fruit Juices and Fruit Nectars (England) Regulations 2003”, substitute “the Fruit Juices and Fruit Nectars (England) Regulations 2013”;

(b) in the definition of “fruit juice”, for “in Schedule 1 to the Fruit Juices Regulations”, substitute “in accordance with regulations 4 and 5 of the Fruit Juices Regulations, as read with Schedules 2 and 3 to those Regulations respectively”.

(3) Omit regulation 10(2) (addition of sugars to fruit juice).

(1)

OJ No L 330, 5.12.1998, p 32, last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ No L 188, 18.7.2009, p 14).

(2)

OJ No L 404, 30.12.2006, p 26, last amended by Regulation (EU) No 1169/2011 of the European Parliament and of the Council (OJ No L 304, 22.11.2011, p 18).

(3)

OJ No L 354, 31.12.2008, p 7, last amended by Commission Regulation (EU) No 1056/2012 (OJ No L 313, 13.11.2012, p 9).

(4)

Section 35(1) is amended by paragraph 42 of Schedule 26 to the Criminal Justice Act 2003 (c. 44) from a date to be appointed.

(5)

Section 36A was inserted by paragraph 16 of Schedule 5 to the Food Standards Act 1999.

(6)

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

(7)

S.I. 2007/2359, amended by S.I. 2008/1800; there are other amending instruments but none is relevant.