The Jam and Similar Products (Wales) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, provide for the continuing implementation of Council Directive 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption (OJ No L 10, 12.1.2002, p. 67). They also retain existing national measures relating to curds, lemon cheese and mincemeat. The Regulations revoke and replace the Jam and Similar Products (Wales) Regulations 2004 (S.I. 2004/553 (W. 56)).

Regulation 4 and Schedule 1 regulate the use of the names “jam”, “extra jam”, “jelly”, “extra jelly”, “marmalade”, “jelly marmalade”, “sweetened chestnut purée”, “curd”, “lemon cheese” and “mincemeat”. Subject to an exception, those names may only be used if the requirements in the relevant part of Schedule 1 are met by the product.

The Regulations also require particulars to be indicated in relation to jam, extra jam, jelly, extra jelly, marmalade, jelly marmalade and sweetened chestnut purée. Regulation 5 requires the product name to indicate the kinds of fruits used to manufacture the product, regulation 6 requires the labelling of the product to indicate its fruit content, regulation 7 requires the labelling of the product to indicate its total sugar content, and regulation 8 makes provision in relation to residual sulphur dioxide.

Regulation 9 imposes an obligation on food authorities to enforce the Regulations.

Regulation 10 and Schedule 5 apply certain provisions of the Food Safety Act 1990, with modifications. This includes the application, with modifications, of section 10(1), enabling an improvement notice to be served to require compliance with specified provisions of these Regulations, and the application of section 10(2), making the failure to comply with an improvement notice an offence.

Regulation 11 revokes the Jam and Similar Products (Wales) Regulations 2004 and makes a consequential revocation of a provision in the Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.