Bread and Flour Regulations 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/1304 |
1984 No. 1304
FOOD
COMPOSITION
LABELLING, DESCRIPTIONS, ETC.
The Bread and Flour Regulations 198415thAugust 1984
29thAugust 1984
19thSeptember 1984
ARRANGEMENT OF REGULATIONS
PART I
Regulation
1. Title and commencement.
2. Interpretation.
3. Exemptions.
PART II
4. Composition of flour.
5. Name of the food: flour.
6. Name of the food: bread.
7. Restrictions on the use of certain names.
8. Additional ingredients.
9. Doughs and dry mixes.
PART III
10. Sampling of flour.
11. Offences and penalties.
12. Enforcement.
13. Application of various provisions of the Act.
14. Transitional provisions.
15. Amendments.
16. Revocations.
SCHEDULES:
Schedule 1—Essential ingredients of flour.
Schedule 2—Additional ingredients of bread.
Schedule 3—Additives permitted in flour and bread.
Schedule 4—Available carbon dioxide content of flour.
Schedule 5—Specification for iron powder.
Schedule 6—Amendments.
Schedule 7—Revocations.
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Social Services and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 4, 7 and 123 of the Food and Drugs Act 1955(a), and now vested in them(b), and of all other powers enabling them in that behalf, hereby make the following regulations, after consultation in accordance with section 123(6) of the said Act with such organisations as appear to them to be representative of interests substantially affected by the regulations:—
PART I
Title and commencement
1. These regulations may be cited as the Bread and Flour Regulations 1984 and shall come into operation on 19th September 1984.
Interpretation
2.— (1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs Act 1955;
"additive" has the meaning assigned to it by the Food Labelling Regulations 1984(c);
"bread" means a food of any size, shape or form which—
(a) is usually known as bread, and
(b) consists of a dough made from flour and water, with or without other ingredients, which has been fermented by yeast or otherwise leavened and subsequently baked or partly baked,
but does not include buns, bunloaves, chapatis, chollas, pitta bread, potato bread or bread specially prepared for coeliac sufferers;
"cereal" means the fruit of any cultivated grass of the family Gramineae;
"crude fibre" means the organic matter contained in the dried defatted residue obtained by digesting bread or flour successively with boiling acid and boiling alkali;
"flour" means the product which is derived from, or separated during, the milling or grinding of cleaned cereal, whether or not the cereal has been malted or subjected to any other process, and includes meal, but does not
(a) 1955 c.16 (4&5 Eliz. 2); section 4 was amended by paragraph 3(1) of Schedule 4 to the European Communities Act 1972 (c.68); section 123 was amended by section 4 of the Food and Drugs (Amendment) Act 1982(c.26), and by section 46 of the Criminal Justice Act 1982 (c.48).
(b) In the case of the Secretary of State for Social Services by virtue of S.I. 1968/1699 and in the case of the Secretary of State for Wales by virtue of S.I. 1978/272.
(c) S.I. 1984/1305.
include other cereal products, such as separated cereal bran, separated cereal germ, semolina or grits;
"ingredient" has the meaning assigned to it by the Food Labelling Regulations 1984;
"labelling" has the meaning assigned to it by the Food Labelling Regulations 1984;
"malt flour" means flour derived from malted cereal;
"prepacked" has the meaning assigned to it by the Food Labelling Regulations 1984;
"sell" includes offer or expose for sale and includes have in possession for sale, and "sale" shall be construed accordingly.
(2) For the purposes of these regulations, the supply of food, otherwise than by sale, at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale of that food.
(3) All proportions mentioned in these regulations are proportions calculated by weight.
(4) Any reference in these regulations to a numbered regulation or schedule shall, unless the reference is to a regulation of, or schedule to, specified regulations, be construed as a reference to the regulation or schedule so numbered in these regulations.
(5) The use in these regulations of a name that is prescribed for a food by regulation 5, other than "flour", shall be taken to be a reference to the food for which the name is so prescribed.
(6) The use in these regulations of the word "bread" preceded by a word that is required by regulation 6 to be included in the name of a type of bread shall be taken to be a reference to bread of that type.
Exemptions
3. These regulations do not apply to any food which is—
(a) not intended for sale for human consumption; or
(b) intended at the time of sale for export to any place outside the United Kingdom; or
(c) supplied under Government contracts for consumption by Her Majesty's forces or supplied for consumption by a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952(a).
PART II
Composition of flour
4.— (1) Subject to paragraph (2) of this regulation, flour derived from wheat
(a) 1952 c.67.
and from no other cereal, whether or not mixed with other flour, shall contain the substances specified in column 1 of Schedule 1 in accordance with the proportions and conditions prescribed in column 2 of that Schedule and with Schedule 5.
(2) (a) The requirements specified for item 1 in column 2 of Schedule 1 shall not apply in the case of—
(i) wholemeal,
(ii) self raising flour which has a calcium content of not less than 0.2 per cent, and
(iii) wheat malt flour.
(b) The substances specified in items 2–4 of Schedule 1 shall, in the case of—
(i) wholemeal, be naturally present in the quantities specified in column 2 of that Schedule, and not added;
(ii) flour other than wholemeal, be added where such addition is necessary in accordance with the conditions prescribed in column 2 of that Schedule.
(3) Subject to paragraph (4) of this regulation—
(a) no manufacturer of flour shall sell any flour which does not comply with this regulation; and
(b) no importer of flour shall—
(i) import into England and Wales any flour, or
(ii) sell any flour imported by him,
which does not comply with this regulation.
(4) This regulation shall not apply as respects any sale or importation into England and Wales of flour—
(a) for use by the Minister of Agriculture, Fisheries and Food, or by any person authorised to purchase or import the flour on his behalf, for stockpiling or experimental purposes;
(b) for use in the manufacture of communion wafers, matzos, gluten, starch or any concentrated preparation for use for the purpose of facilitating the addition to flour of the substances referred to in Schedule 1;
(c) for use for the purpose of diagnosis, treatment or research.
Name of the food: flour
5.— (1) Subject to paragraphs (2) and (4) of this regulation, the name used for the purposes of the Food Labelling Regulations 1984 as the name of the food in the labelling of any flour shall be—
(a) where the flour is derived from wheat and from no other cereal—
(i) "wholemeal" or "wholemeal flour" if the flour consists of the whole of the product obtained from the milling or grinding of cleaned wheat;
(ii) "brown flour" if the flour has a crude fibre content derived from wheat of not less than 0.6 per cent calculated on the dry matter, but does not consist of the whole of the product obtained from the milling or grinding of cleaned wheat; and
(iii) "flour" in any other case; and
(b) where the flour is derived wholly or partly from cereal other than wheat, "flour", immediately preceded by the names of all the cereals from which the flour is derived.
(2) The name used as the name of the food in the labelling of flour consisting of the whole of the product obtained from the milling or grinding of cleaned cereals may be qualified by the word "wholemeal".
(3) In determining whether flour falls within paragraphs (1) and (2) of this regulation no account shall be taken of the presence of any barley malt flour in small quantities for technological purposes.
(4) The name used for any flour which has an available carbon dioxide content, determined in accordance with Schedule 4, of not less than 0.4 per cent shall include the word "self-raising".
(5) Notwithstanding regulation 9 of the Food Labelling Regulations 1984, it shall not be necessary to include in the name used for any food consisting of flour an indication of the presence of—
(a) any prepared wheat gluten which has been added in small quantities for technological purposes;
(b) any barley malt flour or any wheat malt flour which has been added in small quantities for technological purposes; or
(c) any substance required by regulation 4 to be present in the flour.
Name of the food: bread
6.— (1) Subject to paragraph (4) of this regulation, the name used for the purposes of the Food Labelling Regulations 1984 as the name of the food in the labelling of any bread shall include, where all the flour used as an ingredient in the preparation of the bread is flour derived from wheat and no other cereal, the word—
(a) (i) "wholemeal" if all the flour used as an ingredient in the preparation of the bread is wholemeal;
(ii) "brown" if the bread has a crude fibre content derived from wheat of not less than 0.6 per cent calculated on the dry matter and has as an ingredient flour other than wholemeal (whether or not it also includes wholemeal);
(iii) "wheat germ" if the bread has an added processed wheat germ content of not less than 10 per cent calculated on the dry matter of the bread; and
(iv) "white" in any other case; and
(b) "soda" if sodium hydrogen carbonate has been used as an ingredient in the preparation of the bread.
(2) The name used as the name of the food in the labelling of any bread may include, where all the flour used as an ingredient in the...
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