Mineral Hydrocarbons in Food (Scotland) Regulations 1966
| Jurisdiction | UK Non-devolved |
| Citation | SI 1966/1263 |
| Year | 1966 |
1966 No. 1263 (S. 96)
FOOD AND DRUGS
COMPOSITION—SCOTLAND
The Mineral Hydrocarbons in Food (Scotland) Regulations 196630thSeptember 1966
14thOctober 1966
17thOctober 1966
In exercise of the powers conferred on me by sections 4 and 56 of the Food and Drugs (Scotland) Act 1956(a) and of all other powers enabling me in that behalf, and after consultation with such organisations as appear to me to be representative of interests substantially affected by these regulations, I hereby make the following regulations:—
Citation and commencement
1. These regulations may be cited as the Mineral Hydrocarbons in Food (Scotland) Regulations 1966 and shall come into operation on 17th October 1966.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs (Scotland) Act 1956;
"chewing compound" means chewing gum and other products of a like nature and use;
"dried fruit" means prunes, currants, sultanas and raisins;
"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;
"human consumption" includes use in the preparation of food for human consumption;
"mineral hydrocarbon" means any hydrocarbon product, whether liquid, semi-liquid or solid, derived from any substance of mineral origin and includes liquid paraffin, white oil, petroleum jelly, hard paraffin and microcrystalline wax;
"sell" includes offer or expose for sale or have in possession for sale; and "sale" shall be construed accordingly;
and other expressions have the same meaning as in the Act.
(2) The Interpretation Act 1889(b) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
Enforcement
3.—(1) The local authority of any area shall, subject to the provisions of the next following paragraph, enforce and execute the provisions of these regulations within their area.
(a) 1956 c. 30.
(b) 1889 c. 63.
(2) Where any part of the area of a local authority lies within the area of a port local authority such of the functions of the local authority under these regulations in relation to any food imported into that part shall, in so far as these functions fall to be exercised by the port local authority by virtue of any order made under section 172 of the Public Health (Scotland) Act 1897(a), be exercised by that port local authority.
(3) In this regulation "local authority" means the council of a county or of a large burgh within the meaning of the Local Government (Scotland) Act 1947(b); and any small burgh within the meaning of that Act shall, for the purposes of these regulations, be included in the county in which it is situated; and "port local authority" includes a joint port local authority.
Exemptions
4.—(1) Regulation 5 of these regulations shall not apply in relation to—
(a) any dried fruit containing not more than 0·5 part by weight of mineral hydrocarbon per 100 parts by weight of dried fruit;
(b) any citrus fruit containing not more than 0·1 part by weight of mineral hydrocarbon per 100 parts by weight of citrus fruit;
(c) any sugar confectionery containing mineral hydrocarbon by reason of the use of mineral hydrocarbon as a polishing or glazing agent for confectionery if such confectionery contains by reason thereof not more than 0·2 part by weight of mineral hydrocarbon per 100 parts by weight of such confectionery;
(d) any food containing mineral hydrocarbon—
(i) by reason of the use in the composition of such food of dried fruit, citrus fruit or sugar confectionery, or any one or more of these commodities, containing mineral hydrocarbon not in excess of the relevant quantities permitted in accordance with sub-paragraphs (a), (b) and (c) of this paragraph;
(ii) by reason not of the inclusion of mineral hydrocarbon as an ingredient in such food but because of the use of mineral hydrocarbon as a lubricant or greasing agent on some surface with which such food has necessarily to come into contact during the course of preparation if such food contains by reason thereof not more than 0·2 part by weight of mineral hydrocarbon per 100 parts by weight of the food;
(e) any chewing compound which—
(i) contains no more than 60 parts by weight of solid mineral hydrocarbon per 100 parts by weight of chewing compound, and
(ii) contains no mineral hydrocarbon other than any mineral hydrocarbon which complies with the specification therefor set forth in paragraph 4 of Part I of the schedule to these regulations;
(f) the rind of any whole pressed cheese;
(g) any egg, laid by any domestic fowl or domestic duck, which contains mineral hydrocarbon by reason of its having been subjected to a process of preservation consisting of being dipped in, sprayed with or otherwise treated with mineral hydrocarbon and which before sale or exposure for sale is required (by section 3 of the Agricultural Produce (Grading and Marketing) Act 1928(c) and regulations made thereunder (d)) to be marked on the shell with the word "SEALED";
(h) any food intended for exportation to any place outside the United Kingdom.
(a) 1897 c. 38.
(b) 1947 c. 43.
(c) 1928 c. 19.
(d) S.I. 1965/1021 (1965 I, p. 2477).
(2) Any reference in paragraph (1) of this regulation to any mineral hydrocarbon shall mean any liquid mineral hydrocarbon, any semi-liquid mineral hydrocarbon or any solid mineral hydrocarbon, as the case may be, which complies with the specifications therefor set forth respectively in paragraphs 1, 2 and 3 of Part I of the schedule to these regulations or a mixture of such liquid, semi-liquid or solid mineral hydrocarbons:
Provided that the reference in paragraph (1)(e) of this regulation to solid mineral hydrocarbon shall mean solid mineral hydrocarbon which complies with the specification therefor set forth in paragraph 4 of the said Part of the said schedule.
(3) An exemption provided for in paragraph (1)(a) to (g) of this regulation shall not apply if the food contains any mineral hydrocarbon other than mineral hydrocarbon of a kind referred to in paragraph (2) of this regulation.
Prohibition of mineral hydrocarbon in food
5. Subject to the provisions of these regulations—
(a) no person shall use or permit to be used any mineral hydrocarbon in the composition or preparation of any food;
(b) no person shall sell, consign or deliver, or import into Scotland, any food containing any mineral hydrocarbon.
Condemnation of food containing mineral hydrocarbon
6. Where any food is certified by a public analyst as being food in the composition or preparation of which any mineral hydrocarbon has been used which it is an offence against the foregoing provisions of these regulations to use, permit to be used, sell, consign or deliver, or import into Scotland, that food may be treated for the purposes of section 9 of the Act (under which food may be seized and destroyed on the order of a justice of the peace) as being unfit for human consumption.
Penalties
7.—(1) If any person contravenes or fails to comply with any of the foregoing provisions of these regulations he shall be guilty of an offence under these regulations.
(2) Any person who is guilty of an offence under these regulations shall be liable:—
(a) on summary conviction to:—
(i) a fine not exceeding £100 or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment; and
(ii) in the case of a continuing offence to a further fine not exceeding £10 for every day during which the offence is continued; or
(b) on conviction on indictment to:—
(i) a fine not exceeding £500 or to imprisonment for a term not exceeding one year or to both such fine and imprisonment; and
(ii) in the case of a continuing offence, to a further fine not exceeding £50 for every day during which the offence is continued.
Application of various sections of the Act
8.—(1) Sections 41(2) and (5) (which relates to proceedings), 42(1), (2) and (3) (which relates to evidence of certificates of analysis), 44 (which relates to the power of a court to require analysis by the Government Chemist), 46(2) (which relates to the conditions under which a warranty may be pleaded as a defence) and 47 (which relates to offences in relation to warranties and certificates of analysis) of the Act shall apply for the purposes of these regulations as if references therein to proceedings, or a prosecution, under or taken under the Act included references to proceedings, or a prosecution as the case may be, taken for an offence against these regulations and in addition as if—
(a) in the case of section 44(1) of the Act, the reference therein to section 41(5) of the Act included a reference to said section 41(5) as applied by these regulations; and
(b) in the case of section 47(1) and (2) of the Act, the references therein to an offence against the Act included references to an offence against these regulations.
(2) Section 41(4) of the Act shall apply for the purposes of these regulations as if the reference therein to section 47 of the Act included a reference to said section 47 as applied by these regulations.
Revocation
9.—(1) The Mineral Hydrocarbons in Food (Scotland) Regulations 1964(a) are hereby revoked.
(2) Section 38 of the Interpretation Act 1889 shall apply as if these regulations were an Act of Parliament and as if the regulations revoked by these regulations were an Act of Parliament repealed by an Act of Parliament.
William Ross, One of Her Majesty's Principal Secretaries of State.
St. Andrew's House, Edinburgh, 1.
30th September 1966.
Regulation 4(2)
SCHEDULE
PART I
SPECIFICATIONS FOR LIQUID MINERAL HYDROCARBON, SEMI-LIQUID MINERAL HYDROCARBON AND SOLID MINERAL HYDROCARBON
Specification for liquid mineral hydrocarbon
1. Liquid mineral hydrocarbon—
(a) shall be a transparent, almost colourless and tasteless mixture of liquid mineral...
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