The Fruit Juices and Fruit Nectars (Wales) Regulations 2003

Interpretation

2.—(1) In these Regulations —

“the Act” (“y Ddeddf”) means the Food Safety Act 1990;

“catering establishment” (“sefydliad arlwyo”) 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” (“cynnyrch dynodedig”) means, subject to paragraph (2), any food specified in Column 2 of Schedule 1;

“Directive 95/2/EC” (“Cyfarwyddeb 95/2/EC”) means Directive 95/2/EC of the European Parliament and of the Council on food additives other than colours and sweetners(1);

“EEA State” (“Gwladwriaeth AEE”) means a State which is a Contracting Party to 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;

“food authority” (“awdurdod bwyd”) has the same meaning as in section 5(1A) and (3)(a) and (b) of the Food Safety Act 1990;

“reserved description” (“disgrifiad neilltuedig”), as respects any designated product, means any description specified in relation to that product in Column 1 of Schedule 1;

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

“ultimate consumer” (“defnyddiwr olaf”) 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) Notwithstanding the fact that a food is specified in Column 2 of Schedule 1, it will only be treated as a “designated product” for the purposes of these Regulations if—

(a) it has been prepared from any fruit material described in Schedule 2 either with or without any other raw material listed in that Schedule;

(b) where it contains any additional ingredient, that ingredient is authorised for the food in question by Schedule 3;

(c) being a food bearing the reserved description “fruit juice”, “concentrated fruit juice”, “fruit juice from concentrate” or “dehydrated or powdered fruit juice” it has not been prepared by adding to it—

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

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

(d) where it has been prepared by using any treatment or additional substance, that treatment or substance is specified in Schedule 4; and

(e) being a food bearing the reserved description “fruit nectar”, it contains the minimum juice or purée content specified in Schedule 5 together with the Note to that Schedule.

(1)

OJ No. L61, 18.3.1995, p.1, as last amended by Directive 98/72/EC (OJ No. L295, 4.11.1998, p.18).

(2)

OJ No. L1, 3.1.94, p.1.

(3)

OJ No. L1, 3.1.94, p.571.

(4)

S.I. 1996/1499, amended by S.I. 1998/141, S.I. 1998/1398, S.I. 1998/2424, S.I. 1999/747, S.I. 1999/1136, S.I. 1999/1483, S.I. 1999/1540, S.I. 2000/768, S.I. 2000/2254, S.I. 2000/3323, S.I. 2001/2294, S.I. 2001/3442, S.I. 2001/3775 and S.I. 2002/379.