Soft Drinks Regulations 1964
| Jurisdiction | UK Non-devolved |
1964 No. 760
FOOD AND DRUGS
COMPOSITION AND LABELLING
The Soft Drinks Regulations 196421stMay 1964
1stJune 1964
2ndJune 1964Remainder2ndJune 1965
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 relate to the labelling, marking or description of food):—
Citation and commencement
1. These regulations may be cited as the Soft Drinks Regulations 1964; and shall come into operation as follows:—
(a) this regulation and regulation 18(1) shall come into operation on 2nd June 1964;
(b) in all other respects, these regulations shall come into operation on 2nd June 1965.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs Act 1955;
"carbohydrate" means a substance containing carbon, hydrogen and oxygen only in which the hydrogen and oxygen occur in the same proportion as in water;
"comminuted citrus drink" means a soft drink produced by a process involving the comminution of the entire citrus fruit;
"container" means any vessel, can, box or carton capable of containing a soft drink which is, has been or is capable of being, closed and includes any kind of bottle, but does not include any counter dispenser or vending machine or any unclosed cup, mug, glass or other unclosed drinking vessel;
"crush" means a soft drink containing fruit juice, not being a comminuted citrus drink, intended for consumption without dilution and includes any cordial intended for consumption without dilution;
(a) 4 & 5 Eliz. 2. c. 16.
"cyclamic acid" means cyclohexylsulphamic acid being the substance defined as such in Schedule 1 to these regulations and includes calcium cyclamate and sodium cyclamate as so defined;
"food and drugs authority" has the meaning assigned to it by section 83 of the Act;
"fruit juice" means the clean, sound, undiluted juice of the fruit or fruits from which it is obtained;
"permitted artificial sweetener" means saccharin or cyclamic acid;
"potable fruit content" means the total of the fruit constituents of a soft drink derived from the juice, pith and peel;
"printing" includes the processes of embossing and firing-on, and "printed" shall be construed accordingly;
"registered trade mark" and "trade mark" have the meaning respectively assigned to each by section 68(1) of the Trade Marks Act 1938(a);
"retail sale" means any sale to a person buying otherwise than for the purpose of resale, but does not include a sale to a caterer for the purposes of his catering business, or a sale to a manufacturer for the purposes of his manufacturing business;
"saccharin" means the substance defined as such in Schedule 1 to these regulations and includes saccharin calcium and saccharin sodium as so defined;
"sell" includes offer or expose for sale or have in possession for sale, and "sale" shall be construed accordingly;
"soft drink" means any liquid intended for sale as drink for human consumption, either without or after dilution, and includes—
(a) any fruit drink, and any fruit juice squash, crush or cordial;
(b) soda water, Indian or quinine tonic water, and any sweetened artificially carbonated water whether flavoured or unflavoured;
(c) ginger beer and any herbal or botanical beverage;
but does not include—
(i) water (except as aforesaid);
(ii) water from natural springs, either in its natural state or with added mineral substances;
(iii) fruit juice, sweetened or unsweetened, whether concentrated or frozen or not;
(iv) milk or any preparation of milk;
(v) tea, coffee, dandelion coffee, cocoa or chocolate, or any preparation of tea, coffee, dandelion coffee, cocoa or chocolate;
(vi) any egg product;
(vii) any cereal product, except—
(aa) flavoured barley water and liquid products used in the preparation of barley water, and
(ab) cereal products containing alcohol, which are not intoxicating liquor as defined in accordance with sub-paragraph (x) hereof;
(viii) meat, yeast or vegetable extracts, soup or soup mixtures, or any similar product;
(ix) tomato juice, vegetable juice, or any preparation of any such juice or juices;
(a) 1 & 2 Geo. 6. c. 22.
(x) intoxicating liquor as defined in the Licensing Act 1953(a);
(xi) any other unsweetened drink except soda water;
and for the purposes of this definition a product shall not be deemed not to be a soft drink by reason only of the fact that it is capable of being used as a medicine;
"squash" means a soft drink containing fruit juice, not being a comminuted citrus drink, intended for consumption after dilution and includes any cordial intended for consumption after dilution;
"sugar" means any soluble carbohydrate sweetening matter;
"sweetened" means containing any added sugar or added polyhydric alcohol or any permitted artificial sweetener; and "unsweetened" shall be construed accordingly.
AND other expressions have the same meaning as in the Act.
(2) 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.
(3) For the purposes of these regulations, the supply of any drink, otherwise than by sale, at, in or from any place where drink is supplied in the course of a business shall be deemed to be a sale of that drink, and any reference to a purchaser shall be construed accordingly.
(4) For the purposes of the Labelling of Food Order 1953(b), as amended(c), these regulations, insofar as they prescribe requirements as to composition for a soft drink, shall be taken to prescribe a standard for a soft drink.
(5) Any reference in these regulations to any order or other regulations shall be construed as a reference to such order or regulations as amended by any subsequent order or regulations, and if any order or regulations referred to in these regulations is or are replaced by any subsequent order or regulations, the reference shall be construed as a reference to such subsequent order or regulations, as the case may be.
(6) The Interpretation Act 1889(d) shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament, and as if these regulations and the orders and regulations hereby revoked were Acts of Parliament.
3. The Food Standards (General Provisions) Order 1944(e), as amended(f), and the Artificial Sweeteners in Food Order 1953(g) shall not apply as respects any soft drink for which requirements respectively as to composition or as to the use of permitted artificial sweeteners are specified in these regulations.
Exemptions
4.—(1) The following provisions of these regulations shall not apply—
(a) in relation to any soft drink intended at the time of sale for exportation to any place outside the United Kingdom or for use as ship's stores;
(b) in relation to any soft drink supplied under Government Contracts for consumption by Her Majesty's forces or intended at the time of sale for consumption by a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952(h);
(c) in relation to any sale, consignment or delivery of a soft drink to a manufacturer for the purposes of his manufacturing business;
(d) in relation to any sale of a soft drink otherwise than in a container;
(a) 1 & 2 Eliz. 2. c. 46.
(b) S.I. 1953/536 (1953 I, p. 665).
(c) The relevant amending instruments are S.I. 1953/1889, 1959/471 (1953 I, p. 685; 1959 I, p. 1326).
(d) 52 & 53 Vict. c. 63.
(e) S.R. & O. 1944/42 (1944 II, p. 505).
(f) S.R. & O. 1944/654 (1944 II, p. 508).
(g) S.I. 1953/1311 (1953 I, p. 662).
(h) 15 & 16 Geo. 6 & 1 Eliz. 2. c. 67.
(2) The provisions of regulations 7 to 11 inclusive, 13 and 14 of these regulations shall not apply in relation to any sale, other than a retail sale, of any soft drink in a container containing more than one gallon.
Requirements as to composition for soft drinks
5.—(1) No soft drink shall contain any added artificial sweetener other than a permitted artificial sweetener, and no person shall sell, consign or deliver any soft drink which does not comply with this provision.
(2) Subject to the following provisions of this regulation, any soft drink intended for consumption without dilution which is of a description included in Part I of Schedule 2 or Part I of Schedule 3 to these regulations shall conform to the requirements as to composition set out in relation thereto in the relevant Part I as respects the fruit juice or potable fruit content, as the case may be, the quantities of added sugar and permitted artificial sweetener therein, and the other requirements therein specified:
Provided that—
(a) any soft drink (other than soda water) intended for consumption without dilution which is of a description included in Part I of Schedule 2 to these regulations may contain up to the maximum quantity of permitted artificial sweetener specified in columns 4 and 5 of Part II of the said Schedule (calculated as therein required) if that soft drink also contains not less than 22½ pounds of sugar per 10 gallons;
(b) if any soft drink to...
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