The Quick-frozen Foodstuffs Regulations 1990

Regulation 3

[F1 SCHEDULE [F2 1] E+W+S CONDITIONS WHICH MUST BE FULFILLED BY A QUICK-FROZEN FOODSTUFF WHICH IS SOLD FOR HUMAN CONSUMPTION

Textual Amendments

F1 Regulations revoked (E.) (1.3.2007) by The Quick-frozen Foodstuffs (England) Regulations 2007 (S.I. 2007/191), regs. 1(b), 11 and revoked (W.) (1.3.2007) by The Quick-frozen Foodstuffs (Wales) Regulations 2007 (S.I. 2007/389), regs. 1(2), 11

F2 Sch. renumbered as Sch. 1 (1.9.1994) by The Quick-frozen Foodstuffs (Amendment) Regulations 1994 (S.I. 1994/298), regs. 1, 2(g)

1.   A quick-frozen foodstuff fulfils the conditions set out in this Schedule where— E+W+S

(a) it has been manufactured from raw materials of sound, genuine and merchantable quality and no other materials,

(b) no raw material has been used in its manufacture unless, at the time of its use, it would have been lawful for it to be sold for human consumption,

(c) its preparation and quick-freezing have been carried out with sufficient promptness, and by use of technical equipment appropriate, to minimise any chemical, biochemical and microbiological changes to the food comprised in it,

(d) no cryogenic medium other than an authorised cryogenic medium has been used in direct contact with any food comprised in it,

(e) the quick-freezing of each food comprised in it has resulted in the temperature of that food after thermal stabilisation being —18°C or colder, and

(f) ollowing the quick-freezing and thermal stabilisation of any food to which sub-paragraph (e) above applies the temperature of that food has been maintained or has, save during the application of any one or more of the permitted exceptions, been maintained at a level or levels no warmer than —18°C.

Commencement Information

I1 Sch. para. 1 in force at 10.1.1991, see reg. 1

2.   For the purposes of this Schedule— E+W+S

(a) the authorised cryogenic media are—

(i) air,

(ii) nitrogen,

(iii) carbon dioxide, and

(iv) in the appropriate circumstances, the substance dichlorodifluoromethane (R12),

(b) the appropriate circumstances apply to the substance dichlorodifluoromethane (R12) where—

(i) that substance has been used in direct contact with a food comprised in a product which has become a quick-frozen foodstuff no later than 31st December 1992, and

(ii) its use in such contact is permitted in England and Wales by the Miscellaneous Additives in Food Regulations(1), and in Scotland by the Miscellaneous Additives in Food (Scotland) Regulations(2),

(c) a permitted exception relating to the temperature of any food applies when—

(i) that food is kept within brief periods during transport other than local distribution at a temperature warmer than —18°C but not warmer than —15°C,

(ii) that food is kept during local distribution at a temperature warmer than —18°C to an extent consistent with good distribution practice but not warmer than —12°C before 10th January 1997 or —15°C at any time thereafter,

(iii) that food is kept before 10th January 1997 in a retail display cabinet at a temperature warmer than —18°C to an extent consistent with good storage practice, or

(iv) that food is kept after 9th January 1997 in a retail display cabinet at a temperature warmer than —18°C to an extent consistent with good storage practice but not warmer than —12°C, and

(d) “local distribution”, in relation to any product, means that part of the distribution chain in which the product is delivered to the point of retail sale (such sale to include sale to a [F3 mass caterer]).

Textual Amendments

F3 Words in Sch. 1 para. 2(d) substituted (S.) (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 1(b)

Commencement Information

I2 Sch. para. 2 in force at 10.1.1991, see reg. 1

Regulation 2(a)(ii)

[F4 SCHEDULE 2 E+W+S SPECIFIED COMMUNITY PROVISIONS

Textual Amendments

F4 Sch. 2 substituted (S.) (16.3.2007) by The Quick-frozen Foodstuffs Amendment (Scotland) Regulations 2007 (S.S.I. 2007/106), regs. 1(1), 2(f), sch. 1

1. Provision of Regulation 37/2005	2. Subject-matter
Article 2.1	Requirement that the means of transport, warehousing and storage of quick frozen foodstuffs shall be fitted with suitable recording instruments to monitor, at frequent and regular intervals, the air temperature to which the quick frozen foodstuffs are subjected.
Article 2.2 – first sentence of first paragraph	Requirement that all measuring instruments described in Article 2.1 of Regulation 37/2005 shall comply with EN 12830, EN 13485 and EN 13486 standards.
Article 2.2 – second sentence of first paragraph	Requirement that food operators keep all relevant documents verifying that those measuring instruments conform to the relevant EN standard.
Article 2.3	Requirement that temperature recording shall be dated and stored by the food operator for a period of at least a year, or for longer taking into account the nature and shelf life of the quick frozen foodstuffs.
Article 3.1 – first paragraph	Requirement that during storage in retail display cabinets, or in the course of local distribution, the air temperature shall only be measured by at least one easily visible thermometer.
Article 3.1 – second paragraph (a) and (b)	Requirement that in open retail cabinets the maximum load line of the cabinet shall be clearly marked and the thermometer shall indicate the temperature at the air return side at the level of that mark.]

Regulation 2(e)

[F5 SCHEDULE 3 E+W+S TRANSITIONAL REQUIREMENTS FOR MEASURING INSTRUMENTS INSTALLED BEFORE 1st JANUARY 2006

Textual Amendments

F5 Sch. 3 inserted (S.) (16.3.2007) by The Quick-frozen Foodstuffs Amendment (Scotland) Regulations 2007 (S.S.I. 2007/106), regs. 1(1), 2(g), sch. 2

Application E+W+S

1.   This Schedule applies only in respect of measuring instruments used for the purpose of monitoring temperature as provided for in Article 2.1 of Regulation 37/2005, which were installed before 1st January 2006.

2.   This Schedule will cease to have effect on 1st January 2010.

Requirements E+W+S

3.   The requirements are that–

(a) in respect of any means of storage or transport, other than those mentioned in the following sub paragraphs, the instrument shall be a system suitable for the monitoring, at frequent and regular intervals, of air temperatures within such means of storage or transport;

(b) in respect of storage in a cold chamber with a capacity of less than 10m3 on premises used for placing quick-frozen foodstuffs on the market for retail purposes, the instrument shall be a thermometer so placed as to be easily visible;

(c) in respect of storage in a retail display cabinet (other than an open retail display cabinet), the instrument shall be one or more thermometers so placed as to be easily visible;

(d) in respect of storage in an open retail display cabinet, the instrument shall be one or more thermometers so placed as to be easily visible and indicating the temperature at the air return side at the level of the clearly marked maximum load line for that cabinet;

(e) in respect of any means of transport other than–

(i) a vehicle registered outside the United Kingdom; or

(ii) a means of transport when being used in the course of local distribution,

the instrument shall be a system for monitoring air temperatures that–

(aa) has an accuracy of plus or minus 1°C when its sensor is measuring a temperature within the range of −25°C to +30°C;

(bb) has a measuring accuracy which does not change by more than plus or minus 0.5°C when it is operating in temperatures within the range of −20°C to +30°C;

(cc) has a display resolution of not more than 1°C; and

(dd) is robust and shockproof;

(f) in respect of a vehicle registered outside the United Kingdom, the instrument shall be an instrument which has been approved by the competent authority in the country in which the vehicle is registered; and

(g) in respect of means of transport when being used in the course of local distribution, the instrument shall be one or more thermometers so placed as to be easily visible.]]

(1)

S.I. 1980/1834, to which there are amendments not relevant to these Regulations.

(2)

S.I. 1980/1889, to which there are amendments not relevant to these Regulations.