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2.—(1) In these Regulations –
“the 1996 Regulations” means the Food Labelling Regulations (Northern Ireland) 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;
“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;
“the Order” means the Food Safety (Northern Ireland) Order 1991;
“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 in so far as its use is permitted in the specified jam or similar product by the Sweeteners in Food Regulations (Northern Ireland) 1996(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;
“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 –
for the purpose of resale,
for the purposes of a catering establishment, or
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.
S.R.1996 No.383; the relevant amending Regulations are S.R.1998 No.253, S.R.1999 Nos.143, 244 and 286, S.R.2000 Nos.189 and 303, S.R. 2001 No. 45 and S.R. 2003 No. 159
O.J. No. L10, 12.1.2002, p. 67
O.J. No. L1, 3.1.94, p. 1
O.J. No. L1, 3.1.94, p. 571
S.R. 1996 No. 48, as amended by S.R.1997 No. 257, S.R. 1999 No. 216 and S.R. 2002 No. 39
O.J. No. L10, 12.1.2002, p. 53
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