The Fruit Juices and Fruit Nectars (Scotland) Regulations 2013

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption, as last amended by Directive 2012/12/EU. They revoke and replace the Fruit Juices and Fruit Nectars (Scotland) Regulations 2003 (as amended).

These Regulations provide that a reference in these Regulations to an EU instrument referred to in Schedule 1 is an ambulatory reference to that EU instrument as amended from time to time (regulation 3(3) and Schedule 1).

The Regulations regulate the use of the names “fruit juice” (regulation 4 and Schedules 2 and 11), “fruit juice from concentrate” (regulation 5 and Schedules 3 and 13), “concentrated fruit juice” (regulation 6 and Schedule 4), “water extracted fruit juice” (regulation 7 and Schedule 5), “dehydrated fruit juice” and “powdered fruit juice” (regulation 8 and Schedule 6) and “fruit nectar” (regulation 9 and Schedules 7 and 12).

They lay down what additional ingredients and substances may be added to regulated products (Schedules 8 and 9) and what treatments the products may undergo in their manufacture (Schedule 10).

They require certain particulars to be indicated when trading in regulated products, including–

(a)

a requirement to indicate the kinds of fruits, or (in some cases) the number of kinds of fruits, used to make a regulated product (regulation 10);

(b)

an indication of whether extra pulp or cells have been added to a fruit juice (regulation 11);

(c)

a requirement for a fruit juice made from a mixture of fruit juice and fruit juice from concentrate to indicate that it is partially made from concentrate or concentrates (regulation 12);

(d)

a requirement to indicate any added lemon juice, lime juice or acidifying agents in a concentrated fruit juice that is not intended for delivery to the final consumer (regulation 13); and

(e)

various indications for a fruit nectar, including an indication of its fruit content (regulation 14).

The Regulations make provision relating to the manner in which the particulars required by these Regulations should be marked or labelled (regulation 15).

The Regulations impose an obligation on food authorities to enforce the Regulations (regulation 16) and make it an offence to fail to comply with specified provisions (regulation 17).

The Regulations apply certain provisions of the Food Safety Act 1990 with modifications (regulation 18 and Schedule 14).

The Regulations revoke and replace the Fruit Juices and Fruit Nectars (Scotland) Regulations 2003 (as amended) and revoke other relevant legislation (regulation 19). They make consequential amendments (regulation 20 and Schedule 15) and transitional provisions (regulation 21).

A full business and regulatory impact assessment of the effect these Regulations will have on the costs of business, the voluntary sector and the public sector has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency in Scotland, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ, and online at www.legislation.gov.uk.