The Jam and Similar Products (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, implement Council Directive 2001/113/EC concerning fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption (O.J. No. L 10, 12.1.02, p.67) and also contain national measures for similar products. They revoke and replace the Jam and Similar Products (Scotland) Regulations 1981 (“the 1981 Regulations”) as amended.

The Regulations–

(a)

prescribe definitions and reserved descriptions for jams and certain similar products such as fruit curds, lemon cheese and mincemeat. The Directive applies to items 1 to 7 of Schedule 1. Items 8 to 11 of Schedule 1 are included as national measures (regulation 2 and Schedules 1 and 2);

(b)

provide for the circumstances in which the Regulations apply (regulation 3);

(c)

restrict the use of reserved descriptions to the specified jam and similar products to which they relate (regulation 4);

(d)

prescribe labelling requirements for such products (regulation 5);

(e)

prescribe the manner of marking or labelling and apply specified provisions of the Food Labelling Regulations 1996 (regulation 6);

(f)

specify a penalty, enforcement authorities and, in accordance with Articles 2 and 3 of Council Directive 89/397/EEC on the official control of foodstuffs (O.J. No. L 186, 30.6.89, p.23) and the European Economic Area Agreement, a defence in relation to exports (regulations 7 and 8);

(g)

make transitional provisions (regulation 9);

(h)

apply various provisions of the Food Safety Act 1990 (regulation 10); and

(i)

revoke the previous Regulations and make consequential amendments (regulation 11).

The Regulations differ from the 1981 Regulations by–

(a)

inserting new reserved descriptions and definitions for sweetened chestnut purée and jelly marmalade;

(b)

omitting the reserved description and definition of UK standard jelly;

(c)

introducing technical compositional changes for specified jams and similar products; and

(d)

re enacting with modifications labelling requirements and methods of analysis to determine certain characteristics of specified jam and similar products.

These Regulations have been notified in draft to the European Commission in accordance with Directive 98/34/EC (O.J. No. L 204, 21.7.98, p.37) as amended by Directive 98/48/EC (O.J. No. L 217, 5.8.98, p.18), in respect of items 8 to 11 of Schedule 1.

A Regulatory Impact Assessment which includes a compliance cost assessment of the effects which these Regulations are likely to have on business costs, has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.