The Spreadable Fats (Marketing Standards) (Amendment) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, amend the Spreadable Fats (Marketing Standards) Regulations 1995 (“the principal Regulations”). The Regulations make provision (in regulations 3 and 7 and the Schedule) for the enforcement and execution of Commission Regulation (EC) No. 577/97 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products, as amended by Commission Regulation (EC) No. 1278/97 and Commission Regulation (EC) No. 2181/97.

The subject matter of the detailed Commission rules is briefly indicated in column 3 of the substituted Schedule 1 to the principal Regulations. Article 5a of the Commission Regulation contains a transitional provision in respect of trade marks registered in Austria, Finland or Sweden prior to 1st January 1995 and using the sales description “butter”.

These Regulations also make a few technical and drafting amendments (regulations 4(a), 5(a) and 6) and some consequential amendments (regulation 4(b) and 5(b)).

Use of the designation “butter” is also restricted by Article 3 of Council Regulation (EEC) No. 1898/87 (OJ No. L182, 3.7.87, p.36), which is enforced in England and Wales by the Milk and Milk Products (Protection of Designations) Regulations 1990 (S.I. 1990/607, as amended by S.I. 1990/2486) and in Scotland by the Milk and Milk Products (Protection of Designations) (Scotland) Regulations 1990 (S.I. 1990/816, as amended by S.I. 1990/2625).

A compliance cost assessment of the effect that these Regulations would have on the cost of business is available from Food Labelling and Standards Division Branch C, Ministry of Agriculture, Fisheries and Food, Room 325B, Ergon House, 17 Smith Square, London SW1P 3JR.