Ice-Cream Regulations 1967

JurisdictionUK Non-devolved

1967 No. 1866

FOOD AND DRUGS

COMPOSITION AND LABELLING

The Ice-Cream Regulations 1967

14thDecember 1967

21stDecember 1967

4thJanuary 1971

The Minister of Agriculture, Fisheries and Food and the Minister of Health, acting jointly, in exercise of the powers conferred on them by sections 4, 7, 123 and 136 (2) of, and paragraph 2(2) of Schedule 12 to, the Food and Drugs Act 1955(a) and of all other powers enabling them in that behalf, hereby make the following regulations after consultation with such organisations as appear to them to be representative of interests substantially affected by the regulations and reference to the Food Hygiene Advisory Council under section 82 of the said Act (insofar as the regulations are made in exercise of the powers conferred by the said section 7):—

Citation and commencement

1. These regulations may be cited as the Ice-Cream Regulations 1967; and shall come into operation on 4th January 1971.

Interpretation

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

"the Act" means the Food and Drugs Act 1955;

"artificial sweetener" means any chemical compound which is sweet to the taste but does not include any sugar or any polyhydric alcohol;

"composite article of food" means any article of food containing ice-cream or Parev ice and includes any sherbet, sorbet, water ice or ice lolly, as the case may be, containing ice-cream or Parev ice;

"container" includes any form of packaging of food for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article, and in particular includes a wrapper or confining band;

"food" means food intended for sale for human consumption and includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include—

(a) water, live animals or birds,

(b) fodder or feeding stuffs for animals, birds or fish, or

(c) articles or substances used only as drugs;

(a) 4 & 5 Eliz. 2. c. 16

"food and drugs authority" has the meaning assigned to it by section 83 of the Act;

"human consumption" includes use in the preparation of food for human consumption;

"ice-cream" means the frozen product intended for sale for human consumption which is obtained by subjecting an emulsion of fat, milk solids and sugar, with or without the addition of other substances, to heat treatment and either to subsequent freezing or to evaporation, addition of water and subsequent freezing, whether or not fruit, fruit pulp, fruit puree, fruit juice, sugar, flavouring or colouring .materials) nuts, chocolate or other similar substances have been added before or after freezing, and includes any ice-cream present as an ingredient of any composite article of food, but does not include any sherbet, sorbet, water ice or ice lolly described as "sherbet", "sorbet", "water ice" or "ice lolly", as the case may be;

"Parev ice" includes Kosher ice and means the substance intended for sale for human consumption which resembles ice-cream and which—

(a) is usually known as Parev ice or Kosher ice, and

(b) contains no milk or milk derivatives,

and includes any Parev ice present as an ingredient of any composite article of food;

"polyhydric alcohol" means an alcohol with three or more free hydroxyl groups;

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

"sell by retail" means sell to a person buying otherwise than for the purpose of re-sale;

"sugar" means any soluble carbohydrate sweetening matter;

AND other expressions have the same meaning as in the Act.

(2) The Interpretation Act 1889(a) shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament, and as if these regulations, the regulations hereby revoked, and the regulations and order hereby partially revoked were Acts of Parliament.

(3) All percentages mentioned in these regulations are percentages calculated by weight.

(4) Any reference in these regulations to a label borne on a container shall be construed as including a reference to any legible marking on the container however effected.

(5) 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, and references to purchasing and purchaser shall be construed accordingly.

Exemptions

3. The following provisions of these regulations ; shall not apply, except insofar as they relate to advertisements other than labels or wrappers, in relation to any ice-cream or any Parev ice—

(a) sold, consigned or delivered for exportation to any place outside the United Kingdom; or

(a) 1889 c. 63.

(b) 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); or

(c) sold, consigned or delivered to a manufacturer...

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