The Jam and Similar Products (Scotland) Regulations 2004

Interpretation

2.—(1) In these Regulations–

“the Act” means the Food Safety Act 1990;

“the 1996 Regulations” means the Food Labelling Regulations 1996(1);

“aqueous extract of fruit” means the aqueous extract of fruit which, subject to the losses necessarily occurring in proper manufacturing, contains all the water-soluble constituents of the fruit used;

“authorised treatment” means a treatment described in paragraphs 2 to 4 of Schedule 2;

“catering establishment” 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;

“chestnut” means the fruit of the sweet chestnut tree (Castanea sativa);

“Directive 2001/113” means Council Directive 2001/113/EC(2) relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption;

“EEA Agreement” means the Agreement on the European Economic Area(3) signed at Oporto on 2nd May 1992 as adjusted by the Protocol(4) signed at Brussels on 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“free circulation” has the same meaning as in Article 23.2 of the Treaty establishing the European Community as read with Article 24;

“fruit” means fresh, sound fruit, free from deterioration, containing all of its essential constituents and sufficiently ripe for use, after cleaning, removal of blemishes, topping and tailing, and includes ginger, tomatoes, the edible parts of rhubarb stalks, carrots, sweet potatoes, cucumbers, pumpkins, melons and watermelons;

“fruit pulp” means the edible part of the whole fruit, with or without peel, skin, seeds or pips, as appropriate, which may have been sliced or crushed but which has not been reduced to a purée;

“fruit purée” means the edible part of the whole fruit, with or without peel, skin, seeds or pips, as appropriate, which has been reduced to a purée by being sieved or subjected to a similar process;

“ginger” means the edible root of the ginger plant in a fresh or preserved state and may be dried or preserved in syrup;

“permitted additional ingredient” means an ingredient described in paragraph 1 of Schedule 2, and which is used as specified in that paragraph;

“permitted sweetener” means any sweetener insofar as its use is permitted in the specified jam or similar product by the Sweeteners in Food Regulations 1995(5);

“preparation” includes manufacture and any form of processing or treatment and “prepared” shall be construed accordingly;

“reserved description” as regards any specified jam or similar product means any description specified in relation to that product in column 1 of Schedule 1 as read with the Notes to that Schedule;

“sell” includes offer or expose for sale and have in possession for sale, and “sale” and “sold” shall be construed accordingly;

“specified jam or similar product” means, subject to paragraph (2), any food specified in column 2 of Schedule 1 as read with the Notes relating to that Schedule;

“sugar” means–

(a)

sugar as defined in Council Directive 2001/111/EC(6) relating to certain sugars intended for human consumption;

(b)

fructose syrup;

(c)

sugars extracted from fruit; or

(d)

brown sugar,

or any combination thereof;

“ultimate consumer” 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; and

“vine fruits” means muscatels, raisins, sultanas or currants.

(2) A food described in column 2 of items 1 to 7 of Schedule 1 is not a specified jam or similar product if–

(a) it contains any additional ingredient other than a permitted additional ingredient;

(b) any raw material referred to in paragraphs 2 to 4 of Schedule 2 used in the preparation of that food has been subjected to any treatment other than an authorised treatment.

(3) Any other expression used both in these Regulations and in Directive 2001/113 has the same meaning in these Regulations as in that Directive.

(1)

S.I. 1996/1499; the relevant amending instrument is S.I. 1998/1398.

(2)

O.J. No. L 10, 12.1.02, p.67.

(3)

O.J. No. L 1, 3.1.94, p.1.

(4)

O.J. No. L 1, 3.1.94, p.571.

(5)

S.I. 1995/3123 to which there are amendments not relevant to these Regulations.

(6)

O.J. No. L 10, 12.1.02, p.53.