EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations transpose Commission Directive 2009/106/EC amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption (O.J. No. L 212, 15.8.2009, p.42).

Commission Directive 2009/106/EC makes two amendments to Council Directive 2001/112/EC (O.J. No. L 10, 12.1.2002, p. 58). It makes a small linguistic change in relation to mixed juice products containing fruit juice and fruit juices from concentrate and to nectars obtained wholly or partly from one or more concentrated products, in order to alleviate translational difficulties across Member States of the EU. It also introduces a table laying down the minimum Brix levels for fruit juices from concentrate.

These Regulations amend the Fruit Juices and Fruit Nectars (Scotland) Regulations 2003 (S.S.I. 2003/293 (as amended)) by—

(a)

providing that a fruit juice from concentrate must comply with the minimum Brix levels specified in Schedule 6, read together with the Notes to that Schedule (regulation 2(2) and Schedule);

(b)

making a small linguistic change to the labelling and description of mixed juice products containing fruit juice and fruit juices from concentrate, and of nectars obtained wholly or partly from one or more concentrated products (regulation 2(3));

(c)

amending Schedule 1 (Reserved Descriptions For Designated Products) so that item 3 (Fruit juice from concentrate) of Schedule 1 cross-refers to Schedule 6 (Minimum Brix Levels For Fruit Juices From Concentrate) (regulation 2(4) and Schedule); and

(d)

adding a new Schedule 6 which provides ‘Minimum Brix Levels For Fruit Juices From Concentrate’ (regulation 2(5) and Schedule).

A full Business and Regulatory Impact Assessment, which includes a compliance cost assessment of the effect that these Regulations will have on the costs of business and the voluntary sector, and a Transposition Note, have been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency Scotland, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ and online at www.legislation.gov.uk.