26“Soft drink” and “package”U.K.
(1)“Soft drink” means—
(a)a beverage of an alcoholic strength not exceeding 1.2%;
(b)a liquid which, when prepared in a specified manner, constitutes a beverage within paragraph (a);
[(c)a liquid flavouring (a “flavour concentrate”) which, when processed in a specified manner in a dispensing machine, constitutes a beverage within that paragraph.]
(2)A liquid is prepared in a specified manner if it is—
(a)diluted with water,
(b)combined with crushed ice, or processed so as to create crushed ice,
(c)combined with carbon dioxide, or
(d)prepared by way of a process that involves any combination of the processes mentioned in paragraphs (a) to (c).
[(2A)A flavour concentrate is processed in a specified manner if—
(a)it is combined with added sugar ingredients, with or without—
(i)artificial sweeteners, or
(ii)one or more other flavour concentrates; and
(b)the flavour concentrate (or combination) is prepared in a specified manner.
(2B)A “dispensing machine” is a machine designed to—
(a)combine, process or prepare ingredients so as to produce a beverage, and
(b)supply the beverage directly to a consumer.
(2C)In subsection (2A)(a), “added sugar ingredients” means anything within paragraph (a) or (b) of section 29(2).]
(3)A person “packages” a soft drink if the person cans, bottles or otherwise packages the soft drink in a form in which—
(a)in the case of a soft drink within subsection (1)(a), it is suitable to be consumed without further preparation, ...
(b)in the case of a soft drink within subsection (1)(b), it is suitable to be consumed when prepared in a specified manner (and without any other preparation), [and
(c)in the case of a soft drink within subsection (1)(c)—
(i)it is suitable to be consumed when processed in a specified manner in a dispensing machine (and without any other processing or preparation), and
(ii)it is ready for use in a dispensing machine;]
and “packaged” is to be construed accordingly.
Textual Amendments
Commencement Information