The Fruit Juices and Fruit Nectars (Scotland) Regulations 2013

General interpretation

3.—(1) In these Regulations—

“the Act” means the Food Safety Act 1990;

“authorised additional ingredient” means an additional ingredient listed in Schedule 8;

“authorised additional substance” means an additional substance listed in Schedule 9;

“authorised treatment” means a treatment listed in Schedule 10;

“concentrated fruit purée” means the product obtained from fruit purée by the removal of a specific proportion of its water content and in respect of which, if flavour has been restored to it, such flavour has been recovered from the same species of fruit;

“Directive 2001/112/EC” means Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption(1);

“flavour”, except in paragraph 1 of Schedule 2 and Part 2 of Schedule 7, means flavour for restoration—

(a)

that is obtained during the processing of fruit by applying suitable physical processes (including squeezing, extraction, distillation, filtration, adsorption, evaporation, fractionation and concentration) to obtain, retain, preserve or stabilise the flavour quality; and

(b)

that—

(i)

is obtained from the edible parts of the fruit;

(ii)

is cold pressed oil from citrus peel; or

(iii)

consists of compounds from the stones of the fruit;

“fruit” means any kind of fruit (including tomatoes) that is sound, appropriately mature and

(a)

fresh; or

(b)

preserved by—

(i)

physical means; or

(ii)

a treatment, including a post-harvest treatment;

“fruit purée” means the fermentable but unfermented product obtained by suitable physical processes, such as sieving, grinding or milling the edible part of whole or peeled fruit without removing the juice;

“honey” has the meaning given in point 1 of Annex I to Council Directive 2001/110/EC relating to honey(2);

“in trade” has the same meaning as in Directive 2001/112/EC and cognate expressions are to be construed accordingly;

“pulp or cells” means—

(a)

in respect of citrus fruit, the juice sacs obtained from the endocarp; or

(b)

in respect of any other fruit, the products obtained from the edible parts of the fruit without removing the juice;

“Regulation 1935/2004” means Regulation (EC) No 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC(3);

“Regulation 1333/2008” means Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives(4);

“regulated product” means any of the following—

(a)

a fruit juice;

(b)

a fruit juice from concentrate;

(c)

a concentrated fruit juice;

(d)

a water extracted fruit juice;

(e)

a dehydrated fruit juice;

(f)

a powdered fruit juice;

(g)

a fruit nectar;

“sugars” means any of the following—

(a)

sugars as defined by Council Directive 2001/111/EC relating to certain sugars intended for human consumption(5);

(b)

fructose syrup;

(c)

sugars derived from fruits.

(2) Any other expression not defined in these Regulations and used in these Regulations and in Directive 2001/112/EC has the same meaning in these Regulations as in that Directive.

(3) In these Regulations any reference to an EU instrument listed in Schedule 1 is a reference to that instrument as amended from time to time.

(1)

OJ L 10, 12.1.2002, p.58, last amended by Directive 2012/12/EU of the European Parliament and of the Council (OJ L 115, 27.4.2012, p.1).

(2)

OJ L 10, 12.1.2002 p.47, as read with the corrigendum published in OJ L 52, 21.2.2007, p.16.

(3)

OJ L 338, 13.11.2004, p.4, last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ L 188, 18.7.2009, p.14).

(4)

OJ L 354, 31.12.2008, p.16, last amended by Commission Regulation (EU) No 913/2013 (OJ L 252, 24.9.13, p.11).

(5)

OJ L 10, 12.1.2002, p.53, to which there are corrigenda not relevant to the English version of the Directive.