Jam and Similar Products Regulations 1981
| Jurisdiction | UK Non-devolved |
| Citation | SI 1981/1063 |
| Year | 1981 |
1981 No. 1063
FOOD AND DRUGS
COMPOSITION AND LABELLING
The Jam and Similar Products Regulations 198123rdJuly 1981
6thAugust 1981
Regulations 1, 2 and 2127thAugust 1981Regulations 3, 4, 6 and 11 to 201stAugust 1982Regulations 5 and 7 to 101stJanuary 1983
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 with such organisations as appear to them to be representative of interests substantially affected by the regulations and after reference to the Food Hygiene Advisory Council under section 82 of the said Act (in so far 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 Jam and Similar Products Regulations 1981 and shall come into operation—
(a) as respects this regulation and regulations 2 and 21 on 27th August 1981;
(b) as respects regulations 3, 4, 6 and 11 to 20 on 1st August 1982; and
(c) as respects the remainder, that is to say regulations 5 and 7 to 10, on 1st January 1983.
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 1980(c);
"aqueous extract of fruit" means an extract of fruit which, subject to the losses necessarily occurring in proper manufacturing, contains all the water-soluble constituents of the fruit used;
(a) 1955 c. 16 (4 & 5 Eliz. 2); section 4 was amended by section 4(1) of, and paragraph 3(1) of Schedule 4 to, the European Communities Act 1972 (c. 68).
(b) S.I. 1968/1699, 1978/272.
(c) S.I. 1980/1849.
"chestnut" means the fruit of the sweet chestnut tree (Castanea sativa Mill or Castanea vesca Gaertn.);
"food and drugs authority" has the meaning assigned to it by section 198 of the Local Government Act 1972(a);
"fruit" includes ginger and rhubarb;
"fruit curd" means the food described in column 2 of item 11 in Schedule 1;
"fruit flavour curd" means the food described in column 2 of item 12 in Schedule 1;
"fruit juice" means the food consisting of fermentable but unfermented juice which—
(a) is obtained from fruit by mechanical processes and has the characteristic colour, aroma and flavour of juice of the fruit from which it is obtained, or
(b) is obtained from concentrated fruit juice by the addition of water and has the organoleptic and analytical characteristics of juice obtained from fruit of the same kind by mechanical processes,
and for the purpose of this definition "concentrated fruit juice" means juice which has been obtained from fruit by mechanical or diffusion processes and concentrated by the removal of part of its water, but does not include juice which has been concentrated to the form of powder, granule or solid;
"fruit pulp" means the edible part of the whole fruit, with or without peel, skin, seeds or pips, as appropriate, which, although it may have been sliced or crushed, has not been reduced to a purée;
"fruit purée" means the edible part of the whole fruit, apart from any peel, skin, seeds or pips, which has been reduced to a purée by being sieved or subjected to a similar process;
"ginger" means the edible root of the ginger plant;
"ingredient" has the meaning assigned to it by the Food Labelling Regulations 1980;
"labelling" has the meaning assigned to it by the Food Labelling Regulations 1980;
"permitted artificial sweetener" means any artificial sweetener in so far as its use is permitted by the Artificial Sweeteners in Food Regulations 1969(b);
"permitted colouring matter" means any colouring matter in so far as its use is permitted by the Colouring Matter in Food Regulations 1973(c);
"prepacked", in relation to a food, has the meaning assigned to it by the Food Labelling Regulations 1980;
"reduced sugar products" means reduced sugar jam, reduced sugar jelly and reduced sugar marmalade;
"sell" includes offer or expose for sale and includes have in possession for sale, and "sale" shall be construed accordingly;
"vine fruits" means muscatels, raisins, sultanas or currants.
(a) 1972 c. 70.
(b) S.I. 1969/1817, to which there is an amendment not relevant to these regulations.
(c) S.I. 1973/1340; relevant amending instruments are S.I. 1975/1488, 1976/2086 and 1978/1787.
(2) In these regulations, unless the context otherwise requires, a name that appears in column 1 of Schedule 1 means the food described in column 2 of that Schedule opposite that name.
(3) In the determination of the weight of any fruit pulp for the purposes of these regulations no account shall be taken of any peel, skin, seeds or pips that are not used in the preparation of the food of which the fruit pulp is an ingredient.
(4) In the determination of the weight of any aqueous extract of fruit for the purposes of these regulations no account shall be taken of the weight of water used in the preparation of the aqueous extract.
(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.
(6) All proportions mentioned in these regulations are proportions calculated by weight.
(7) 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.
(8) Schedules 1 and 2 shall be read with the notes thereto.
Exemptions
3.—(1) These regulations shall not apply to any food which is—
(a) not intended for sale for human consumption;
(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).
(2) Regulations 8 and 14 shall not apply to any food which is sold to a manufacturer for the purposes of his manufacturing business.
(3) Regulations 7, 8, 11(4) and (5) and 14 shall not apply to fruit curd, fruit flavour curd or mincemeat and regulation 5(4) shall not apply to fruit flavour curd or mincemeat.
Restrictions on the use of certain names
4.—(1) Subject to paragraphs (2) and (3) of this regulation, a name which appears in column 1 of Schedule 1 shall not be used in the labelling or advertising of any food as the name of the food, whether or not qualified by other words, unless the food is the food described in the corresponding entry in column 2 of that Schedule.
(2) The name "jam" may be used in the labelling or advertising of extra jam as the name of the food and the name "jelly" may be used in the labelling or advertising of extra jelly as the name of the food.
(a) 1952 c. 67.
(3) The name "jelly" may be used in the labelling or advertising of a food as the name of the food if the food is a food customarily known as jelly and cannot be confused with any food described in column 2 of Schedule 1.
(4) A name which appears in column 1 of Schedule 1 shall not be used in the labelling or advertising of a food in such a way as to suggest, either expressly or by implication, that the food designated by that name is an ingredient of the food in whose labelling or advertising the name is used unless the food in whose labelling or advertising the name is used has as an ingredient the food described in the appropriate entry in column 2 of Schedule 1, except that—
(a) the name "jam" or "jelly" may be used in the labelling or advertising of a food in such a way as aforesaid if extra jam or extra jelly, as the case may be, is an ingredient of the food, and
(b) the name "jelly" may be used in the labelling or advertising of a food in such a way as aforesaid if the food has as an ingredient a food which is customarily known as jelly and which cannot be confused with any food described in column 2 of Schedule 1.
(5) No person shall sell any food in the labelling of which a name is used in contravention of the foregoing paragraphs of this regulation.
(6) No person shall use a name in contravention of the foregoing paragraphs of this regulation in advertising for sale any food.
Name of the food
5.—(1) Subject to the following paragraphs of this regulation, for the purposes of the Food Labelling Regulations 1980, the name used as the name of the food in the labelling of any food described in column 2 of Schedule 1 shall be the name that appears in the corresponding entry in column 1 of that Schedule.
(2) The name used for extra jam may be "jam" and the name used for extra jelly may be "jelly".
(3) The name used for any marmalade which contains no insoluble matter, or no insoluble matter other than a small quantity of finely sliced peel, may be "jelly marmalade".
(4) The name of the food shall include or be accompanied by—
(a) in the case of a food prepared from a single type of fruit, an indication of that type of fruit;
(b) in the case of a food prepared from two types of fruit, an indication of those types of fruit in descending order of weight; and
(c) in the case of a food prepared from three or more types of fruit—
(i) an indication of those types of fruit in descending order of weight, or
(ii) the words "mixed fruit", or
(iii) the word "fruit" preceded by an indication of the number of types of fruit used in the preparation of the food.
(5) The name of the food shall include or be accompanied by an indication of any ingredient used in the preparation of the food which is specified or referred to in column 1 of Part I of Schedule 2.
(6) The weight...
To continue reading
Request your trial