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2004 No. 553 (W.56)

FOOD, WALES

The Jam and Similar Products (Wales) Regulations 2004

  Made 2nd March 2004 
  Coming into force 5th March 2004 

The National Assembly for Wales in exercise of the powers conferred by sections 16(1)(e), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990[1] and now vested in it[2] and having had regard, in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council[3] 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 in accordance with section 48(4) and (4B) of the said Act, hereby makes the following Regulations:

Title, application and commencement
     1. These Regulations may be cited as the Jam and Similar Products (Wales) Regulations 2004, they apply to Wales only and come into force on 5th March 2004.

Interpretation
    
2.  - (1) In these Regulations  - 

    (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  - 

    (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.

Scope of Regulations
     3.  - (1) Subject to paragraphs (2) and (3) these Regulations apply to specified jam or similar products, intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment.

    (2) These Regulations do not apply to any specified jam or similar product intended for the manufacture of fine bakery wares, pastries or biscuits.

    (3) These Regulations do not apply in respect of any product bearing the description set out at items 8 to 11 of column 1 of Schedule 1 which is  - 

Reserved descriptions
    
4. No person shall sell any food with a label, whether or not attached to or printed on the wrapper or container, which bears, comprises or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless  - 

Labelling and description of specified jam products
    
5.  - (1) Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any specified jam or similar product unless it is marked or labelled with the following particulars  - 

    (2) Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any product specified at items 1-7 of Schedule 1 unless it is marked or labelled with the following particulars  - 

    (3) The particulars with which the product is required to be marked or labelled in accordance with paragraph 2(b) and (c) shall appear in the labelling of the food in the same field of vision as the name of the product and in clearly visible characters.

Manner of marking or labelling
    
6. Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a specified jam or similar product is required to be marked or labelled by regulation 5 of these Regulations as if they were particulars with which a food is required to be marked or labelled by the 1996 Regulations.

Penalties and enforcement
    
7.  - (1) Any person who contravenes or fails to comply with regulation 4 or 5 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (2) Each food authority shall enforce and execute these Regulations in its area.

Defence in relation to exports
    
8. In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove  - 

Application of various provisions of the Act
     9.  - (1) The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or any Part thereof shall be construed as a reference to these Regulations  - 

Amendments and revocations
    
10.  - (1) The Jam and Similar Products Regulations 1981[11] and the Jam and Similar Products (Amendment) Regulations 1990[12], insofar as each applies to Wales, are revoked.

    (2) The following entries relating to the Jam and Similar Products Regulations 1981 shall (insofar as the following Regulations apply to Wales) be omitted  - 

    (3) In the Miscellaneous Food Additives Regulations 1995[19] (insofar as they apply to Wales), in Schedules 2, 3 and 7 for the words "Directive 79/693/EEC" in each place where they appear there shall be substituted the words "Directive 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption".

Transitional provisions
     11. In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that  - 



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
20].


D. Elis-Thomas
The Presiding Officer of the National Assembly

2nd March 2004



SCHEDULE 1
Regulation 2(1)


COMPOSITION




Column 1 Column 2
Reserved Descriptions Specified jam or similar product
     1. Jam

A mixture, brought to a suitable gelled consistency, of sugars, the pulp or purée or both of one or more kinds of fruit and water, such that the quantity of fruit pulp or fruit purée or both used for every 1000 grams of the finished product is not less than  - 

      (i) 250 grams in the case of redcurrants, blackcurrants, rosehips, rowanberries, sea buckthorns or quinces,

      (ii) 150 grams in the case of ginger,

      (iii) 160 grams in the case of cashew apples,

      (iv) 60 grams in the case of passion fruit,

      (v) 350 grams in the case of any other fruit.

     2. Extra Jam

A mixture, brought to a suitable gelled consistency, of  - 

     -  sugars, the unconcentrated pulp of one or more kinds of fruit and water, or

 -  in the case of rosehip extra jam or seedless raspberry, blackberry, blackcurrant, blueberry or redcurrant extra jam, of sugars, the unconcentrated purée of that fruit, or a mixture of the unconcentrated pulp and purée of that fruit, and water,

but the following fruits may not be used mixed with others in the manufacture of extra jam: apples, pears, clingstone plums, melons, watermelons, grapes, pumpkins, cucumbers and tomatoes.

The quantity of fruit pulp or fruit purée or both used for every 1000 grams of the finished product being not less than  - 

      (i) 350 grams in the case of redcurrants, blackcurrants, rosehips, rowanberries, sea buckthorns or quinces,

      (ii) 250 grams in the case of ginger,

      (iii) 230 grams in the case of cashew apples,

      (iv) 80 grams in the case of passion fruit,

      (v) 450 grams in the case of any other fruit.

     3. Jelly

An appropriately gelled mixture of sugars and fruit juice or aqueous extract of fruit or both such that the quantity of fruit juice or aqueous extract of fruit or both used for every 1000 grams of the finished product is not less than  - 

      (i) 250 grams in the case of redcurrants, blackcurrants, rosehips, rowanberries, sea buckthorns or quinces,

      (ii) 150 grams in the case of ginger,

      (iii) 160 grams in the case of cashew apples,

      (iv) 60 grams in the case of passion fruit,

      (v) 350 grams in the case of any other fruit. The quantities in paragraphs (i) to (v) above are calculated after deduction of the weight of water used in preparing the aqueous extracts.

     4. Extra Jelly

An appropriately gelled mixture of sugars and fruit juice or aqueous extract of fruit, or both, but the following fruits may not be used mixed with others in the manufacture of extra jelly: apples, pears, clingstone plums, melons, watermelons, grapes, pumpkins, cucumbers and tomatoes.

The quantity of fruit juice and aqueous extract of fruit, or both, used for every kilogram of the finished product being not less than  - 

      (i) 350 grams in the case of redcurrants, blackcurrants, rosehips, rowanberries, sea buckthorns or quinces,

      (ii) 250 grams in the case of ginger,

      (iii) 230 grams in the case of cashew apples,

      (iv) 80 grams for passion fruit,

      (v) 450 grams in the case of any other fruit.

The quantities in paragraphs (i) to (v) above are calculated after deduction of the weight of water used in preparing the aqueous extracts.

     5. Jelly marmalade

The composition of marmalade, as described below but where the product contains no insoluble matter except possibly for small quantities of finely sliced peel.
     6. Marmalade

A mixture, brought to a suitable gelled consistency, of water, sugars and fruit pulp, fruit purée, fruit juice, fruit peel or aqueous extract of fruit or any combination thereof, in every case obtained from citrus fruit, such that the quantity of citrus fruit used for every 1000 grams of the finished product is not less than 200 grams, of which not less than 75 grams is obtained from the endocarp.
     7. Sweetened chestnut purée

A mixture brought to a suitable consistency, of water, sugar and puréed chestnuts, such that the quantity of puréed chestnuts used for every 1000 grams of the finished product is not less than 380 grams.
     8. X curd

An emulsion of edible fat or oil (or both), sugar, whole egg or egg yolk (or both), and any combination of fruit, fruit pulp, fruit purée, fruit juice, aqueous extract of fruit or essential oils of fruit, with or without other edible ingredients, such that  - 

    (a) the quantity of fat and oil used for every 1000 grams of the finished product is not less than 40 grams;

    (b) the quantity of whole and egg yolk used for every 1000 grams of the finished product is not less than 6.5 grams of egg yolk solids; and

    (c) the quantity of fruit, fruit pulp, fruit purée, fruit juice, aqueous extract of fruit, and essential oil of fruit is sufficient to characterise the finished product.

     9. Lemon cheese

A food conforming to the description in item 8 above appropriate for lemon curd.
     10. Y flavour curd

An emulsion of edible fat or oil (or both), sugar, whole egg or egg yolk (or both), and flavouring material with or without other edible ingredients, such that  - 

    (a) the quantity of fat and oil used for every 1000 grams of the finished product is not less than 40 grams;

    (b) the quantity of whole egg and egg yolk used is such that every 1000 grams of the finished product contains not less than 6.5 grams of egg yolk solids; and

    (c) the quantity of flavouring material used is sufficient to characterise the product.

     11. Mincemeat

A mixture of sweetening agents, vine fruits, citrus peel, suet or equivalent fat and vinegar or acetic acid, with or without other edible ingredients, such that  - 

    (a) the quantity of vine fruits and citrus peel used for every 1000 grams of the finished product is not less than 300 grams, of which not less than 200 grams consists of vine fruits; and

    (b) the quantity of suet or equivalent fat used for every 1000 grams of the finished product is not less than 25 grams.

For the purposes of this entry "sweetening agents" means  - 

    (a) any sugar product defined in the Annex to Directive 2001/111/EC[21] relating to certain sugars intended for human consumption;

    (b) brown sugar;

    (c) cane molasses;

    (d) honey, as defined in Council Directive 2001/110/EC[22] relating to honey.


NOTES

     1. In the case of a product prepared from a mixture of types of fruit, column 2 of this Schedule shall be read as if the minimum quantities specified for the various types of fruit mentioned or referred to therein were reduced in proportion to the relative quantities of the types of fruit used.

     2. The products described in this Schedule must have a soluble dry matter content of 60% or more as determined by refractometer at 20oC except for  - 

     3. Column 1 of this Schedule shall be read as if for "X" in item 8 there were substituted  - 

     4. Column 1 of this Schedule shall be read as if for "Y" in item 10 there were substituted  - 



SCHEDULE 2
Regulation 2(1) and (2)


PERMITTED ADDITIONAL INGREDIENTS AND AUTHORISED TREATMENTS FOR PRODUCTS DESCRIBED IN ITEMS 1 TO 7 OF SCHEDULE 1


     1. The following additional ingredients may be used, to the extent stated below:

     2. Fruit, fruit pulp, fruit purée and aqueous extract of fruit may be treated in the following ways:

     3. Apricots and plums to be used in the manufacture of jam may also be treated by other drying processes apart from freeze-drying.

     4. Citrus peel may additionally be preserved in brine.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which apply to Wales, implement Council Directive 2001/113/EC concerning fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption (OJ No. L10, 12.1.2002, p.67) and also contain national measures. They revoke and replace the Jam and Similar Products Regulations 1981, as amended, in relation to Wales.

The Regulations  - 

A Regulatory appraisal for these Regulations has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the Library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.


Notes:

[1] 1990 c.16.back

[2] Functions of the Secretary of State under the Food Safety Act 1990, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[3] OJ No. L31, 1.2.2002, p.1.back

[4] S.I. 1996/1499.back

[5] OJ No. L10, 12.1.2002, p.67.back

[6] OJ No. L1, 3.1.94, p.1.back

[7] OJ No. L1, 3.1.94, p.571.back

[8] S.I. 1995/3123.back

[9] OJ No. L10, 12.1.2002, p.53.back

[10] OJ No. L10, 12.1.2002, p.67, as adopted by the EEA Joint Committee Decision No. 99/2002 (OJ No. L298, 31.10.2002 p.10).back

[11] S.I. 1981/1063.back

[12] S.I. 1990/2085.back

[13] S.I. 1982/1727.back

[14] S.I. 1985/67.back

[15] S.I. 1990/2486.back

[16] S.I. 1991/1476.back

[17] S.I. 1992/2596.back

[18] S.I. 1996/1499.back

[19] S.I. 1995/3187.back

[20] 1998 c.38.back

[21] OJ No. L10, 12.1.2002, p.53.back

[22] OJ No.L10, 12.1.2002, p.47.back

[23] OJ No. L.10, 12.01.2002, p.47.back

[24] OJ No. L.40, 11.02.1989, p.27.back

[25] OJ No. L.61, 18.03.95, p.1.back



Cymraeg (Welsh)



ISBN 0 11090886 4


  © Crown copyright 2004

Prepared 18 March 2004


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URL: http://www.bailii.org/wales/legis/num_reg/2004/20040553e.html