Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 2003

Interpretation

2.—(1) In these Regulations –

“the 1996 Regulations” means the Food Labelling Regulations (Northern Ireland) 1996(1);

“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;

“designated product” means, subject to paragraph (2), any food specified in Column 2 of Schedule 1;

“Directive 95/2/EC” means Directive 95/2/EC of the European Parliament and of the Council on food additives other than colours and sweeteners(2);

“EEA State” means a State which is a Contracting Party to 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;

“the Order” means the Food Safety (Northern Ireland) Order 1991;

“reserved description”, as respects any designated product, means any description specified in relation to that product in Column 1 of Schedule 1; and

“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.

(2) Notwithstanding the fact that a food is specified in Column 2 of Schedule 1, it will only be treated as a “designated product” for the purposes of these Regulations if –

(a) it has been prepared from any fruit material described in Schedule 2 either with or without any other raw material listed in that Schedule;

(b) where it contains any additional ingredient, that ingredient is authorised for the food in question by Schedule 3;

(c) being a food bearing the reserved description “fruit juice”, “concentrated fruit juice”, “fruit juice from concentrate” or “dehydrated or powdered fruit juice”, it has not been prepared by adding to it –

(i) both sugars and lemon juice (whether concentrated or not), or

(ii) both sugars and acidifying agents as permitted by Directive 95/2/EC;

(d) where it has been prepared by using any treatment or additional substance, that treatment or substance is specified in Schedule 4; and

(e) being a food bearing the reserved description “fruit nectar”, it contains the minimum juice or purée content specified in Schedule 5 read together with the Note to that Schedule.

(1)

S.R. 1996 No.383; the relevant amending Regulations are S.R.1998 No. 253

(2)

O.J. No. L61, 18.3.1995, p. 1; as last amended by Directive 98/72/EC (O.J. No. L295, 4.11.1998, p. 18)

(3)

O.J. No. L1, 3.1.94, p. 1

(4)

O.J. No. L1, 3.1.94, p. 571