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The Quick-frozen Foodstuffs Regulations 1990

Changes over time for: The Quick-frozen Foodstuffs Regulations 1990 (without Schedules)

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Version Superseded: 22/04/2011

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Point in time view as at 16/03/2007.

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[F1Title and commencementE+W+S

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

Textual Amendments

Commencement Information

I1Reg. 1 in force at 10.1.1991, see reg. 1

Interpretation and scopeE+W+S

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

“the Act” means the Food Safety Act 1990;

[F2“authorised officer” means an authorised officer of a food authority;]

“catering establishment” has the meaning which it bears in the Food Labelling Regulations [F31996];

[F4“monitoring”, in the context of the monitoring of air temperatures, is the action performed by an instrument for the measurement of air temperatures which instrument then records (either continuously or at frequent and regular intervals) the measurements it has made;]

[F5“placing on the market” has the meaning that it bears in Regulation 178/2002 and “placed on the market” and “place on the market” shall be construed accordingly;]

“prepackaging” shall be construed in accordance with the definition of “prepacked” in the Food Labelling Regulations [F31996];

“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; F6...

[F7“Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety as amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority;]

[F7“Regulation 37/2005” means Commission Regulation (EC) No. 37/2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption;]

[F8“retail display cabinet” means any cabinet from which a quick-frozen foodstuff is offered either for retail sale or for sale in the course of a Cash-and-Carry business;]

[F7“specified Community provision” means any provision of Regulation 37/2005 that is specified in column 1 of Schedule 2 and whose subject matter is described in column 2 of that Schedule; ]

[F8“storage” includes keeping in a warehouse, and “storer” shall be construed accordingly; and]

“ultimate consumer” has the meaning which it bears in the Food Labelling Regulations [F31996].

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

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

F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Reg. 2 in force at 10.1.1991, see reg. 1

Sale of quick-frozen foodstuffsE+W+S

3.  No person shall [F11place on the market] for human consumption a quick-frozen foodstuff unless it fulfils the conditions set out in [F12Schedule 1] to these Regulations.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 10.1.1991, see reg. 1

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

4.  No person shall [F13place on the market] any quick-frozen foodstuff [F13intended for 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 [F14placing on the market].

Textual Amendments

Commencement Information

I4Reg. 4 in force at 10.1.1991, see reg. 1

Labelling of quick-frozen foodstuffsE+W+S

5.—(1) The description “quick-frozen” or any other description listed in Article 8.1(a) of Council Directive 89/108/EEC(1) shall not be used in the labelling for the purpose of [F15placing on the market] 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 [F16place on the market] any food [F16intended for the ultimate consumer] or any catering establishment where its labelling or marking contravenes paragraph (1) or (2) of this regulation, and [F16no person shall place on the market any food intended for any other person] where its labelling or marking contravenes paragraph (1) or (3) of this regulation.

[F17(5) In this regulation [F18“Council Directive 89/108/EEC” means Council Directive 89/108/EEC on the approximation of the laws of Member States relating to quick frozen foodstuffs for human consumption as amended by Regulation 1882/2003 of the European Parliament and of the Council of 29 September 2003, the Act of accession of Norway, Austria, Sweden and Finland, the Act of accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and the Slovak Republic, Regulation 1882/2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty, Council Directive 2006/107/EC adapting Directive 89/108/EEC relating to quick-frozen foodstuffs for human consumption and Directive 2000/13/EC of the European Parliament and of the Council relating to the labelling, presentation and advertising of foodstuffs, by reason of the accession of Bulgaria and Romania].]

[F19(5) In this regulation “Council Directive 89/108/EEC” means Council Directive 89/108/EEC on the approximation of the laws of Member States relating to quick-frozen foodstuffs for human consumption as amended by amendments up to and including those effected by the Act of the European Community concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.]

Textual Amendments

Commencement Information

I5Reg. 5 in force at 10.1.1991, see reg. 1

EquipmentE+W+S

6.  Each manufacturer, storer, transporter, local distributor and retailer of any quick-frozen foodstuff intended by him for [F20placing on the market] 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 [F21to be placed on the market] the foodstuff for human consumption to contravene these Regulations.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 10.1.1991, see reg. 1

Air temperature recording instruments in means of storage and transportE+W+S

F226A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Penalties and enforcementE+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.

[F23(1A) Subject to paragraphs (1B) and (1C), if any person contravenes or fails to comply with a specified Community provision, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(1B) A person shall not be considered to have contravened or failed to comply with the first sentence of the first paragraph of Article 2.2 of Regulation 37/2005 if the requirements of Schedule 3 are complied with.

(1C) A person shall not be considered to have contravened or failed to comply with Article 2 of Regulation 37/2005 if–

(a)the offence which would otherwise have been committed was in respect of a cold store facility with a capacity of less than 10m3 used for storing stock in retail outlets; and

(b)the air temperature in the cold store is measured by an easily visible thermometer.]

(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).

Textual Amendments

Commencement Information

I7Reg. 7 in force at 10.1.1991, see reg. 1

[F24Sampling and method of measuring temperaturesE+W+S

7A.  Where, further to an inspection, an authorised officer has reasonable doubts that the temperatures that are being or have been maintained in respect of any quick-frozen foodstuff are not the temperatures prescribed for such foodstuff in paragraphs 1(e) and (f) (as read with paragraph 2(c)) in Schedule 1 to these Regulations, he shall further inspect such quick-frozen foodstuff and such temperatures in accordance with the provisions of Commission Directive 92I2/EEC.]

Textual Amendments

Application of various provisions of the Food Safety Act 1990E+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—

F25(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Textual Amendments

Commencement Information

I8Reg. 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]

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