The Quick-frozen Foodstuffs Regulations 1990

Title and commencement E+W+S

1.  These Regulations may be cited as the Quick-frozen Foodstuffs Regulations 1990 and shall come into force on 10th January 1991.

Commencement Information

I1 Reg. 1 in force at 10.1.1991, see reg. 1

Interpretation and scope E+W+S

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Food Safety Act 1990;

“catering establishment” has the meaning which it bears in the Food Labelling Regulations 1984(1);

“prepackaging” shall be construed in accordance with the definition of “prepacked” in the Food Labelling Regulations 1984;

“quick-frozen foodstuff” means a product—

(a)

comprising food which has undergone a freezing process known as “quick-freezing” whereby the zone of maximum crystallisation is crossed as rapidly as possible, depending on the type of product, and

(b)

which is labelled for the purpose of sale to indicate that it has undergone that process,

but shall not include ice-cream or any other edible ice; and

“ultimate consumer” has the meaning which it bears in the Food Labelling Regulations 1984.

(2) These Regulations do not apply to any food—

(a) which is not intended for sale for human consumption;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2(2)(b)(c) revoked (16.11.1992) by The Food (Forces Exemptions) (Revocations) Regulations 1992 (S.I. 1992/2596), reg. 1, Sch. Pt. 3 (with reg. 2(2))

F2 Reg. 2(3) revoked (16.11.1992) by The Food (Forces Exemptions) (Revocations) Regulations 1992 (S.I. 1992/2596), reg. 1, Sch. Pt. 3 (with reg. 2(2))

Commencement Information

I2 Reg. 2 in force at 10.1.1991, see reg. 1

Sale of quick-frozen foodstuffs E+W+S

3.  No person shall sell for human consumption a quick-frozen foodstuff unless it fulfils the conditions set out in the Schedule to these Regulations.

Commencement Information

I3 Reg. 3 in force at 10.1.1991, see reg. 1

Packaging of quick-frozen foodstuffs intended for supply to the ultimate consumer E+W+S

4.  No person shall sell any quick-frozen foodstuff to the ultimate consumer unless—

(a) it has been packed by its manufacturer or packer in such prepackaging as is suitable to protect it from microbial and other forms of external contamination and against dehydration, and

(b) the quick-frozen foodstuff has remained in such prepackaging up to the time of sale.

Commencement Information

I4 Reg. 4 in force at 10.1.1991, see reg. 1

Labelling of quick-frozen foodstuffs E+W+S

5.—(1) The description “quick-frozen” or any other description listed in Article 8.1(a) of Council Directive 89/108/EEC(2) shall not be used in the labelling for the purpose of sale of any food other than—

(a) a quick-frozen foodstuff,

(b) a food which by virtue of that labelling becomes a quick-frozen foodstuff.

(2) A quick-frozen foodstuff intended for supply, without further processing, to the ultimate consumer or to a catering establishment shall, in addition to the description “quick-frozen” (and, as the intending supplier may see fit, any other description listed in Article 8.1(a) of Council Directive 89/108/EEC) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto with—

(a) an indication of the date of minimum durability;

(b) an indication of the maximum period during which it is advisable to store it;

(c) an indication of one or other, or both, of—

(i) the temperature at which, and

(ii) the equipment in which,

it is advisable to store it;

(d) a reference allowing identification of the batch to which it belongs;

(e) a clear message of the type “do not refreeze after defrosting”.

(3) Any other quick-frozen foodstuff shall, in addition to the description “quick-frozen” (and, as the supplier may see fit, any other description listed in Article 8.1(a) of Council Directive 89/108/EEC) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto with—

(a) a reference allowing identification of the batch to which it belongs;

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

(4) No person shall sell any food to the ultimate consumer or any catering establishment where its labelling or marking contravenes paragraph (1) or (2) of this regulation, and no person shall sell it to any other person where its labelling or marking contravenes paragraph (1) or (3) of this regulation.

Commencement Information

I5 Reg. 5 in force at 10.1.1991, see reg. 1

Equipment E+W+S

6.  Each manufacturer, storer, transporter, local distributor and retailer of any quick-frozen foodstuff intended by him for sale for human consumption shall ensure during each stage during which such foodstuff is within his care and control that the equipment used in respect of that foodstuff is such as to ensure that no act or omission on his part would cause a sale of the foodstuff for human consumption to contravene these Regulations.

Commencement Information

I6 Reg. 6 in force at 10.1.1991, see reg. 1

Penalties and enforcement E+W+S

7.—(1) If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Each food authority shall enforce and execute these Regulations within its area.

(3) In this regulation “food authority” does not include the appropriate treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).

Commencement Information

I7 Reg. 7 in force at 10.1.1991, see reg. 1

Application of various provisions of the Food Safety Act 1990 E+W+S

8.  The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations—

(a) section 2 (extended meaning of “sale” etc.);

(b) section 3 (presumption that food is intended for human consumption);

(c) section 20 (offences due to fault of another person);

(d) section 21 (defence of due diligence);

(e) section 30(8) (which relates to documentary evidence);

(f) ection 33 (obstruction etc. of officers);

(g) section 36 (offences by bodies corporate);

(h) section 44 (protection of officers acting in good faith);

(i) ection 58(1) (which relates to territorial waters).

Commencement Information

I8 Reg. 8 in force at 10.1.1991, see reg. 1

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th December 1990.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Stephen Dorrell

Parliamentary Under Secretary of State for Health

David Hunt

Secretary of State for Wales

Strathclyde

Parliamentary Under Secretary of State, Scottish Office