Specified Sugar Products Regulations 1976
| Jurisdiction | UK Non-devolved |
| Citation | SI 1976/509 |
| Year | 1976 |
1976 No. 509
FOOD AND DRUGS
COMPOSITION AND LABELLING
The Specified Sugar Products Regulations 197626thMarch 1976
6thApril 1976
27thApril 1976
The Minister of Agriculture, Fisheries and Food and the Secretary of State for Social Services, acting jointly, in exercise of the powers conferred on them by sections 4, 7 and 123 of the Food and Drugs Act 1955(a) as amended by section 4(1) of, and paragraph 3(1) of Schedule 4 to, the European Communities Act 1972(b) and as read with the Secretary of State for Social Services Order 1968(c), 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 Food and Drugs Act 1955 (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 Specified Sugar Products Regulations 1976, and shall come into operation on 27th April 1976.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs Act 1955;
"anti-foaming agent" has the meaning assigned to it by the Miscellaneous Additives in Food Regulations 1974(d), as amended (e);
(a) 4 & 5 Eliz. 2. c. 16.
(b) 1972 c. 68.
(c) S.I. 1968/1699 (1968 III, p. 4585).
(d) S.I. 1974/1121 (1974 II, p. 4227).
(e) S.I. 1975/1485 (1975 III, p. 4928).
"appropriate designation" has the meaning assigned to it by the Labelling of Food Regulations 1970(a), as amended (b);
"candy sugar" means crystalline sugar with crystals having any dimension greater than one centimetre;
"carbohydrate" means any neutral polyhydroxy alcohol containing carbon, hydrogen and oxygen in which the hydrogen and oxygen occur in the same proportion as in water, but does not include any polysaccharide which is not metabolised by man;
"the Community" means the European Economic Community;
"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;
"food and drugs authority" has the meaning assigned to it by section 198 of the Local Government Act 1972(c);
"human consumption" includes use in the preparation of food for human consumption;
"loaf sugar" means a piece of agglomerated crystalline sugar, usually conically shaped, weighing not less than 250 grammes;
"permitted anti-caking agent" means any anti-caking agent in so far as its use is permitted by the Miscellaneous Additives in Food Regulations 1974, as amended;
"permitted anti-foaming agent" means any anti-foaming agent in so far as its use is permitted by the Miscellaneous Additives in Food Regulations 1974, as amended;
"permitted emulsifier" means any emulsifier in so far as its use is permitted by the Emulsifiers and Stabilisers in Food Regulations 1975(d);
"permitted preservative" means any preservative in so far as its use is permitted by the Preservatives in Food Regulations 1975(e);
"reserved description", as respects any specified sugar product, means a description specified in relation to that product in column 1 of Schedule 1, and the use of any such description in these regulations shall be construed as meaning any specified sugar product specified in relation to that description in column 2 of that Schedule;
(a) S.I. 1970/400 (1970 I, p.1383).
(b) The relevant amending instrument is S.I. 1972/1510 (1972 III, p. 4441).
(c) 1972 c. 70.
(d) S.I. 1975/1486 (1975 III, p. 4932).
(e) S.I. 1975/1487 (1975 III, p. 4956).
"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, but does not include selling to a caterer for the purpose of his catering business or to a manufacturer for the purposes of his manufacturing business; and "sale by retail" and "sold by retail" shall be construed accordingly;
"specified sugar product" means any food specified in column 2 of Schedule 1 of which the characteristics are, where so required by that Schedule, determined according to the methods of analysis referred to in Schedule 2, but does not include any product which contains such a food as an ingredient and which is sold, consigned or delivered as a compound product;
"sugar confectionery" has the meaning assigned to it by the Labelling of Food Regulations 1970, as amended;
AND other expressions shall 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.
(3) Any permitted preservative specified in columns 3 and 4 of Part I of Schedule 1 to the Preservatives in Food Regulations 1975 in relation to the permitted preservative sulphur dioxide E220, if calculated as, may be used in place of, that permitted preservative, and any reference in these regulations to the permitted preservative sulphur dioxide shall be construed accordingly.
(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) All proportions mentioned in these regulations are proportions calculated by weight, and unless the context otherwise requires, are calculated on the total weight of the product.
(6) For the purpose 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 purchasers shall be construed accordingly.
(7) Any reference in these regulations to any other regulations shall be construed as a reference to such regulations as amended by any subsequent regulations.
(8) Any reference in these regulations to a numbered regulation or schedule shall, unless the reference is to a regulation of or a schedule to specified regulations, be construed as a reference to the regulation or schedule bearing that number in these regulations.
Exemptions
3. The following provisions of these regulations shall not apply to any specified sugar product—
(a) sold, consigned or delivered for exportation to any place outside the United Kingdom; or
(a) 1889 c. 63.
(b) 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).
General restrictions on the use of reserved descriptions
4. No person shall—
(a) give with any food sold by him any label, whether attached to or borne on the container or not, or display with any food offered or exposed by him for sale any ticket or notice, or
(b) publish, or be a party to the publication of any advertisement for food,
which bears or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless—
(i) such food is a specified sugar product to which the reserved description relates, or
(ii) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is an ingredient of that food, or
(iii) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food either is not, or does not contain, a specified sugar product:
Provided that the reserved description "sugar" or "white sugar" may be used to designate extra white...
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