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Statutory Instruments

1987 No. 2014 (S.138)

FOOD COMPOSITION AND LABELLING

The Coffee and Coffee Products (Scotland) Amendment Regulations 1987

Made

23rd November 1987

Laid before Parliament

4th December 1987

Coming into force

for the purposes of regulations 1 and 4

28th December 1987

for all other purposes

28th December 1988

The Secretary of State, in exercise of the powers conferred upon him by sections 4, 7, 56 and 56A of the Food and Drugs (Scotland) Act 1956(1)and of all other powers enabling him in that behalf, and after consultation in accordance with section 56(6) of the said Act with such organisations as appear to him to be representative of interests substantially affected by these Regulations, hereby makes the following Regulations:

Title and commencement

1.  These Regulations may be cited as the Coffee and Coffee Products (Scotland) Amendment Regulations 1987, and shall come into force for the purposes of regulations 1 and 4 on 28th December 1987, and for all other purposes on 28th December 1988.

Amendment of the Coffee and Coffee Products (Scotland) Regulations 1979

2.  The Coffee and Coffee Products (Scotland) Regulations 1979(2)are hereby further amended—

(a)by adding at the end of regulation 2 thereof the following paragraph:—

(6) Where a designated product contains the ingredients coffee and chicory, or extracts of those ingredients, or extracts of coffee and fig, the reserved description of the product shall be such that in it the name of the ingredient of which the higher proportion was used in the manufacturing process shall precede the name of the other ingredient.:

(b)by substituting for regulations 5 and 6 thereof the following regulations:—

Labelling and description of designated products for retail sale

5.(1) Without prejudice to the provisions of the Food Labelling (Scotland) Regulations 1984(3), and subject to regulation 6, no person shall sell by retail, or consign or deliver pursuant to a sale by retail, any designated product in a container unless that container is correctly marked or labelled with the following particulars:—

(a)subject to paragraph (2) below, a reserved description of the product, which shall be the name prescribed by law for that product for the purposes of regulation 7(1) of the Food Labelling (Scotland) Regulations 1984;

(b)the word “decaffeinated” in the case of—

(i)a designated product specified in Part I of Schedule 1 produced from coffee which has been subjected to a decaffeination process and in which the residual anhydrous caffeine content determined according to the method of analysis referred to in item (1) of Schedule 2 does not exceed 0.10% of its coffee-based dry matter content, or

(ii)a designated product specified in Part II or Part IV of Schedule 1 produced from coffee which has been subjected to a decaffeination process and in which the residual anhydrous caffeine content determined according to the method of analysis referred to in item (1) of Schedule 2 does not exceed 0.30% of its coffee-based dry matter content;

(c)in the case of any of the following designated products, namely, liquid coffee extract, liquid chicory extract, liquid coffee and chicory extract, chicory and coffee essence and liquid coffee and fig extract—

(i)the declaration “roasted with sugar”, if the product is obtained from the raw material roasted with sugar;

(ii)the declaration “with sugar”, “preserved with sugar”, or “with added sugar”, if the sugar has been added to the raw material after roasting,

the word “sugar” being replaced in that declaration by the name of any sugar product used instead of sucrose which name shall be the reserved description of that product as specified in relation thereto in the Specified Sugar Products (Scotland) Regulations 1976(4)or, if the sugar product has no such reserved description, the name of the product which, if the sugar product were itself being sold as a food, would be used, pursuant to the Food Labelling (Scotland) Regulations 1984, as the name of the food;

(d)in the case of the following designated products:—

(i)coffee extract paste and liquid coffee extract or mixtures containing these products, a declaration of the minimum coffee-based dry matter content expressed as a percentage;

(ii)chicory extract paste and liquid chicory extract or mixtures containing these products, a declaration of the minimum chicory-based dry matter content expressed as a percentage.

(2) In the case of the designated product liquid coffee extract containing more than 25% coffee-based dry matter and of the designated product liquid chicory extract containing more than 45% chicory-based dry matter, the word “concentrated” may be added to the reserved description.

Labelling and description of designated products for non-retail sale

5A.  Subject to regulation 6, no person shall sell otherwise than by retail, or consign or deliver pursuant to a sale otherwise than by retail, any designated product in a container unless that container is correctly marked or labelled with the following particulars:—

(a)a reserved description of the product;

(b)the name or business name and the address of the manufacturer, or packer or of a seller established within the Community;

(c)a marking by which the batch can be identified;

(d)in the case of a designated product containing any added permitted anti-caking agent in accordance with paragraph (a) of the proviso to regulation 8, the declaration “for use in vending machines only”.

Manner of marking or labelling

6.(1) Regulations 32(1) and 34(1) and (2) of the Food Labelling (Scotland) Regulations 1984 (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a designated product is required to be marked or labelled by regulation 5 as if they were particulars with which food is required to be marked or labelled by the Food Labelling (Scotland) Regulations 1984.

(2) Any indication of minimum durability required by regulation 21 of the Food Labelling (Scotland) Regulations 1984 shall appear in the labelling of the designated product sold by retail, or consigned or delivered pursuant to a sale by retail, in the same field of vision as the particulars required by regulation 5(1)(a), (b) and (c).

(3) The particulars with which any designated product is required to be marked or labelled by regulation 5A shall appear on the container, on a label attached to the container or in an accompanying document.

(c)by omitting, in regulation 8(e), the words and ellipsis “with added …” ;

(d)by substituting for the Schedules thereto Schedules 1 and 2 set out in the Schedule to these Regulations.

Amendment of the Food Labelling (Scotland) Regulations 1984

3.  The Food Labelling (Scotland) Regulations 1984 are hereby further amended by substituting for paragraph (3) of regulation 5 thereof the following paragraph:—

(3) This Part of these Regulations does not apply to any coffee, coffee mixture, coffee extract product, chicory extract product or other designated product as defined in the Coffee and Coffee Products (Scotland) Regulations 1979 which is ready for delivery to a catering establishment.

Transitional provisions

4.—(1) In any proceedings in respect of an act done before 28th December 1988 which is alleged to constitute an offence under the Coffee and Coffee Products (Scotland) Regulations 1979, the accused shall not be convicted of an offence—

(a)against regulation 5 unless the prosecution prove that the act alleged would have constituted an offence against regulation 5 or 5A as substituted for that regulation by regulation 2 of these Regulations if it had been in force when the act was done;

(b)against regulation 6 unless the prosecution prove that the act alleged would have constituted an offence against regulation 6 as substituted for that regulation by regulation 2 of these Regulations if it had been in force when the act was done.

(2) In any proceedings in respect of an alleged failure before 28th December 1988 to mark or label with a list of ingredients in accordance with Part III of the Food Labelling (Scotland) Regulations 1984 any coffee, coffee mixture, coffee extract product, chicory extract product or other designated product as defined in the Coffee and Coffee Products (Scotland) Regulations 1979, which is ready for delivery to a catering establishment, the accused shall not be convicted of an offence.

Sanderson of Bowden

Minister of State, Scottish Office

New St Andrew’s House,

Edinburgh

23rd November 1987

Regulation 2(d)

SCHEDULENew Schedules 1 and 2 to the Coffee and Coffee Products (Scotland) Regulations 1979

Regulations 2(1), 4(2), 5(1)(b), 8(d) and 8(e)

SCHEDULE 1DESIGNATED PRODUCTS

PART ICOFFEE AND COFFEE MIXTURES AND THEIR RESERVED DESCRIPTIONS

Column 1Column 2
Reserved descriptionsCoffee and Coffee Mixtures
CoffeeThe dried seed of the coffee plant whether or not such seed has been roasted or ground or both roasted and ground.

Coffee and chicory mixture

or

Mixture of coffee and chicory

or

Either of the two foregoing descriptions but with the words “coffee” and “chicory” transposed.

NOTE:

The reserved description shall be such that lit accords with regulation 2(6).

A mixture of roasted coffee and chicory which contains no substance other than roasted coffee and chicory.

French coffee – coffee and chicory mixture

or

Coffee and chicory mixture – French coffee

or

French coffee – mixture of coffee and chicory

or

Mixture of coffee and chicory – French coffee.

A mixture of roasted coffee and chicory of which not less than 51% is coffee and which contains no substance other than roasted coffee and chicory.

Coffee with fig flavouring

or

Coffee with fig seasoning

or

Viennese coffee – coffee with fig flavouring

or

Coffee with fig flavouring – Viennese coffee

or

Viennese coffee – coffee with fig seasoning

or

Coffee with fig seasoning – Viennese coffee.

A mixture of roasted coffee and fig of which not less than 85% is coffee and which contains no substance other than roasted coffee and fig.

PART IICOFFEE EXTRACT PRODUCTS AND THEIR RESERVED DESCRIPTIONS

Column 1Column 2
Reserved descriptionsCoffee extract products

Dried coffee extract

Dried extract of coffee

or

Instant coffee

or

Soluble coffee

Coffee extract in powder, granular, flake, cube or other solid form, of which the coffee-based dry matter content, determined according to the method of analysis referred to in item (2) of Schedule 2, is not less than 95%.
Coffee extract paste.Coffee extract in paste form, of which the coffee-based dry matter content, determined according to the method of analysis referred to in item (3) of Schedule 2, is not more than 85% and not less than 70%.
Liquid coffee extract.

Coffee extract in liquid form, of which the coffee-based dry matter content, determined according to the method of analysis referred to in item (3) of Schedule 2 is not more than 55% but not greater than 15%.

NOTE:

This product may contain added sugar products, whether or not roasted, in a proportion not exceeding 12%.

PART IIICOFFEE EXTRACT PRODUCTS AND THEIR RESERVED DESCRIPTIONS

Column 1Column 2
Reserved descriptionsChicory extract products

Dried chicory extract

or

Instant chicory

or

Soluble chicory.

Chicory extract in powder, granular, flake, cube or other solid form, of which the chicory-based dry matter content, determined according to the method of analaysis referred to in item (2) of Schedule 2, is not less than 95%.
Chicory extract paste.Chicory extract in paste form, of which the chicory based dry matter content, determined according to the method of analysis referred to in item (3) of Schedule 2, is not more than 85% and not less than 70%.
Liquid chicory extract.

Chicory extract in liquid form, of which the chicory based dry matter content, determined according to the method of analysis referred to in item (3) of Schedule 2, is less than 55% but greater than 25%.

NOTE:

This product may contain added sugar, whether or not roasted, in a proportion not exceeding 35%.

PART IVBLENDS OF EXTRACTS AND EXTRACTS OF BLENDS AND THEIR RESERVED DESCRIPTIONS

Column 1Column 2
Reserved descriptionsBlends of extracts and extracts of blends

Dried coffee and chicory extract

or

Dried extract of coffee and chicory

or

Instant coffee and chicory

or

Soluble coffee and chicory

or

Any of the four foregoing descriptions but with the words “coffee” and “chicory” transposed.

NOTE:

The reserved description shall be such that it accords with regulation 2(6).

An intimate mixture of coffee extract and chicory extract in powder, granular, flake, cube or other solid form, of which the coffee and chicory-based dry matter content in the finished product is not less than 95%.

Coffee and chicory paste

or

Chicory and coffee paste.

NOTE:

The reserved description shall be such that it accords with regulation 2(6).

An intimate mixture of coffee extract paste and chicory extract paste in paste form, of which the coffee and chicory-based dry matter content in the finished product is not more than 85% and not less than 70%.

Liquid coffee and chicory extract

or Liquid chicory and coffee extract.

NOTE:

The reserved description shall be such that it accords with regulation 2(6).

A homogenous mixture of liquid coffee extract and liquid chicory extract in liquid form, of which the coffee and chicory-based dry matter content in the finished product is not more than 5596 but greater than 15%.

NOTE:

This product may contain added sugar products, whether or not roasted, in a proportion not exceeding 25%.

Chicory and coffee essence.

NOTE:

The reserved description shall be such that it accords with regulation 2(6).

A homogenous mixture of liquid form, of which the chicory-based dry matter content is not less than 20% and the coffee based dry matter content is not less than 5% in the finished product.

NOTE:

This product may contain added sugar products.

Dried extract of coffee and fig

or

Dried coffee and fig extract

or

Instant coffee and fig

or

Soluble coffee and fig

or

any of the four foregoing descriptions but with the words “coffee” and “fig” transposed.

NOTE:

The reserved description shall be such that it accords with' regulation 2(6).

An intimate mixture of coffee extract and fig extract in powder, granular, flake, cube or other solid form, of which the coffee and fig-based dry matter content in the finished product is not less than 95%.

Coffee and fig paste

or Fig and coffee paste.

NOTE:

The reserved description shall be such that it accords with regulation 2(6).

An intimate mixture of coffee extract paste and fig extract paste in paste form, of which the coffee and fig based dry matter content in the finished product is not more than 85% and not less than 70%.

Liquid coffee and fig extract

or

Liquid fig and coffee-extract.

NOTE:

The reserved description shall be such that it accords with regulation 2(6).

A homogenous mixture of liquid coffee extract and liquid fig extract in liquid form, of which the coffee and fig-based dry matter content in the finished product is not more than 55% but greater than 15%.

NOTE:

This product may contain added sugar products, whether or not roasted, in a proportion not exceeding 25%.

Regulation 5(1)(b) and Parts II and III of Schedule 1

SCHEDULE 2METHODS OF ANALYSIS

The methods of analysis listed in items (1), (2) and (3) of this Schedule are those prescribed in Annex II to the Commission Directive 79/1066/EEC(5)laying down Community methods of analysis for testing coffee extracts and chicory extracts (hereinafter called

(1) The method of determining the caffeine content in decaffeinated coffee extracts shall be that described as Method 1 in the Annex.

(2) The method for determining the dry matter content in—

(3) The method for determining the dry matter content in—

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Scotland only, implement Council Directive No. 85/573/EEC (O.J. No. L372, 31.12.85, p.22) which amended for the second time Directive 77/436/EEC (O.J. No. L172, 12.7.77, p.20) on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts for human consumption. They also make consequential and other provision for products to which the Directives do not apply. For these purposes, they further amend the Coffee and Coffee Products (Scotland) Regulations 1979 (“the principal Regulations”) by substituting, for original regulations 5 and 6, new regulations 5, 5A and 6 to make separate provision for retail and non-retail sales of coffee and coffee products (regulation 2(b)) and by re-defining specified designated products in Schedule 1 (regulation 2(d)). They also amend the Food Labelling (Scotland) Regulations 1984 so as to apply Part III to coffee and coffee products other than those ready for delivery to a catering establishment (regulation 3).

The new definitions in the replaced Schedule 1 remove the requirement as to the minimum raw coffee content of coffee extracts and reduce the requirement as to the minimum dry matter content of coffee extract and chicory extracts. The definition of chicory and coffee essence has also been amended to remove (in the case of non-retail sales) the requirement to declare added sugar products and the reserved description has been amended in consequence.

In relation to retail sales, the requirements in new principal regulation 5 for labelling products with specified particulars make the following changes of substance:—

(a)coffee and chicory extracts are required to be labelled respectively with the minimum coffee-based and chicory-based dry matter content;

(b)the word “concentrated” is permitted to be added to the description of specified liquid coffee and chicory extracts.

In relation to non-retail sales, new principal regulation 5A requires products to be labelled with a reserved description and particulars of the Community manufacturer, packer or seller, a marking by which the batch can be identified and, in the case of specified coffee products containing permitted anti-caking agent, a declaration that they are for use in vending machines, where this is the intention.

The manner of marking or labelling of all designated products is prescribed by new principal regulation 6 for retail and non-retail sales.

The substantive changes made by regulations 2 and 3 come into force on 28th December 1988. Until then regulation 4 (which with regulation 1 comes into force on 28th December 1987) provides that an accused shall not be convicted of an offence—

(a)against regulations 5 or 6, unless it is proved that his act would have constituted an offence against the respective substituted provisions had they then been in force;

(b)against Part III of the Food Labelling (Scotland) Regulations 1984 for failing to mark or label with a list of ingredients coffee or coffee products which are ready for delivery to a catering establishment.

(1)

1956 c. 30; section 4(1) was amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 3(1); section 7 and section 56 were amended by the Weights and Measures Act 1963 (c. 31), Schedule 9, Parts I and II; section 56 was also amended by the Criminal Justice Act 1982 (c. 48), Schedule 15, paragraph 8; section 56(8A) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 41 and is to be read with section 289G of the Criminal Procedure (Scotland) Act 1975 (c. 21) and S.I. 1984/526; section 56A was added by the European Communities Act 1972, Schedule 4, paragraph 3(2).

(2)

S.I. 1979/383; relevant amending instruments are S.I. 1982/409 and 1985/1068

(3)

S.I. 1976/946; relevant amending instruments are S.I. 1982/410 and 1985/1068

(4)

S.I. 1984/1519, to which there are amendments not relevant to these Regulations.

(5)

O.J. No. L327, 24.12.79, p.17.