Cheese and Cream Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/3240
Year1995

1995 No. 3240

FOOD

The Cheese and Cream Regulations 1995

Made 12th December 1995

Laid before Parliament 13th December 1995

Coming into force 1st January 1996

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4)1, 16(1)(a), (e) and (f), 26(1) and (3) and 48(1) of the Food Safety Act 19902and of all other powers enabling them in that behalf, hereby make the following Regulations, after consultation in accordance with section 48(4) of the said Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations:

S-1 Title and commencement

Title and commencement

1. These Regulations may be cited as the Cheese and Cream Regulations 1995 and shall come into force on 1st January 1996.

S-2 Interpretation and application

Interpretation and application

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

“the Act” means the Food Safety Act 1990;

“cheese” means the fresh or matured product intended for sale for human consumption, which is obtained as follows—

(a) in the case of any cheese other than whey cheese, by combining, by coagulation or by any technique involving coagulation, of any of the following substances, namely milk, cream, skimmed milk, partly skimmed milk, concentrated skimmed milk, reconstituted dried milk, butter milk, materials obtained from milk, other ingredients necessary for the manufacture of cheese provided that those are not used for replacing, in whole or in part, any milk constituent, with or without partially draining the whey resulting from coagulation;

(b) in the case of whey cheese—

(i) by concentrating whey with or without the addition of milk and milk fat, and moulding such concentrated whey, or

(ii) by coagulating whey with or without the addition of milk and milk fat;

“cheese spread” means cheese which has been subjected to a process of melting and mixing with milk products other than cheese, with or without the addition of emulsifying salts;

“clotted cream” means cream which has been produced and separated by the scalding, cooling and skimming of milk or cream;

“cream” means that part of cows' milk rich in fat which has been separated by skimming or otherwise and which is intended for sale for human consumption;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“emulsifying salt” means any substance which converts proteins contained in cheese into a dispersed form thereby bringing about homogeneous distribution of fat and other components;

“food authority” has the same meaning as in the Act except that it does not include—

(a) the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change,

(b) until 1st April 1996, the council of a district in Wales, and

(c) the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);

“labelling”, in relation to a food, includes any words, particulars, trade mark, brand name, pictorial matter or symbol relating to the food and appearing on the packaging of the food or on any document, notice, label, ring or collar accompanying the food;

“member State” means a member State of the European Community;

“processed cheese” means cheese which has been subjected to a process of melting and mixing with or without the addition of emulsifying salts;

“sell” includes offer or expose for sale or have in possession for sale and “sale” and “sold” shall be construed accordingly;

“sterilised cream” means cream which has been subjected to a process of sterilisation by heat treatment in the container in which it is to be supplied to the consumer.

S-3 Exemption

Exemption

3.—(1) These Regulations shall not apply in respect of—

(a)

(a) any cream which is brought into Great Britain from an EEA State in which it was lawfully produced and sold or from a member State in which it was in free circulation and lawfully sold, or

(b)

(b) any cheese which is brought into Great Britain from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold,

and is suitably labelled to give the nature of the cream or cheese.

(2) For the purposes of this regulation “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.

S-4 Cheese containing enzymes

Cheese containing enzymes

4. No person shall sell any cheese containing any enzyme other than—

(a) in any case, an enzyme preparation capable of use and used for the purpose of coagulating milk in a manner suitable for cheese making, and

(b) in the case of processed cheese or cheese spread, an enzyme preparation suitable for the acceleration of ripening, and

(c) in the case of Feta, Provolone, Pecorino or Romano cheese, lipases from animal sources for the purpose of flavour production.

S-5 Restrictions on the use of certain names of cheese

Restrictions on the use of certain names of cheese

5.—(1) The name which appears in column 1 below shall not be used in the labelling of any cheese as the name of the cheese, whether or not qualified by other words, unless—

(a)

(a) the amount of water contained in the cheese expressed as a percentage of the total weight of the cheese does not exceed the percentage stated in column 2 below opposite that name, and

(b)

(b) the amount of milk fat in the cheese expressed as a percentage of the dry matter of the cheese is not less than 48%.

Column 1

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