The Jam and Similar Products (England) Regulations 2003

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;

“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;

“food authority” does not include—

(a)

the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change; or

(b)

the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);

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

“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;

“ingredient” has the meaning assigned to it by the 1996 Regulations;

“labelling” has the meaning assigned to it by the 1996 Regulations;

“Member State” means a State which is a member of the European Community;

“permitted additional ingredient” means an ingredient described in paragraph 1 of Schedule 2 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;

“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 relating to that Schedule;

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

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

“sugars” means a sugar product defined in the Annex to Council Directive 2001/111/EC relating to certain sugars intended for human consumption(6), fructose syrup, sugar extracted from fruit or 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;

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

(2) A food described in column 2 of any items 1 to 7 of Schedule 1 is not a specified jam or similar product within the meaning of these Regulations if—

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

(b) any raw material, to which paragraphs 2 to 4 of Schedule 2 refer, used in the preparation of that food has been subjected to any treatment other than a treatment authorised by those paragraphs.

(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.

(2)

OJ No. L10, 12.1.2002, p. 67.

(3)

OJ No. L1, 3.1.94, p. 1.

(4)

OJ No. L1, 3.1.94, p. 571.

(5)

S.I. 1995/3123, relevant amendments are S.I. 1997/814, S.I. 1999/982, S.I. 2002/379 and S.I. 2003/1182.

(6)

OJ No. L10, 12.1.2002, p. 53.