Spreadable Fats (Marketing Standards) (England) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/2457 |
| Year | 1999 |
1999 No. 2457
FOOD, ENGLAND
The Spreadable Fats (Marketing Standards) (England) Regulations 1999
Made 2nd September 1999
Laid before Parliament 7th September 1999
Coming into force 1st October 1999
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England, in exercise of the powers conferred on them by sections 6(4), 16(1), 17(2), 26(1) and (3) and 48(1) of the Food Safety Act 19901and of all other powers enabling them in that behalf, hereby make the following Regulations, after consultation in accordance with section 48(4) of that Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations:
Title, commencement and extent
1.—(1) These Regulations may be cited as the Spreadable Fats (Marketing Standards) (England) Regulations 1999 and shall come into force on 1st October 1999.
(2) These Regulations shall apply to England.
Interpretation
2.—(1) In these Regulations–
“the Act” means the Food Safety Act 1990;
“the Commission Regulation” means Commission Regulation (EC) No. 577/972laying down certain detailed rules for the application of the Council Regulation and of Council Regulation (EEC) No. 1898/87on the protection of designations used in the marketing of milk and milk products, as amended by Commission Regulation (EC) No. 1278/973, Commission Regulation (EC) No. 2181/974, Commission Regulation (EC) No. 623/985, Commission Regulation (EC) No. 1298/986, Commission Regulation (EC) No. 2521/987and Commission Regulation (EC) No. 568/19998;
“Community provision” means a provision of the Council Regulation or the Commission Regulation which is referred to in column 1 of Schedule 1 to these Regulations, as read with any supplementary provision referred to in column 2 thereof opposite the reference in column 1;
“the Council Regulation” means Council Regulation (EC) No. 2991/949laying down standards for spreadable fats;
“EEA Agreement” means the Agreement on the European Economic Area10signed at Oporto on 2nd May 1992 as adjusted by the Protocol11signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“food authority” does not include–
(a) the council of a district in a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change; or
(b) the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“sell” includes possess for sale, and offer, expose or advertise for sale;
“sell by retail” means sell to a person buying otherwise than for the purpose of re-sale;
“vitamin A” means vitamin A present as such or as its esters and includes beta-carotene on the basis that 6 micrograms of beta-carotene or 12 micrograms of other biologically active carotenoids equal 1 microgram of retinol equivalent;
“vitamin D” means the anti-rachitic vitamins.
(2) Other expressions used both in these Regulations and in the Council Regulation or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation or the Commission Regulation.
Exemptions
3.—(1) Except where paragraph (2) below applies, unless and until there is a decision by the EEA Joint Committee under Article 98 of the EEA Agreement to amend it to refer to the Council Regulation and the Commission Regulation, these Regulations shall not apply in respect of any spreadable fat to which the EEA Agreement applies and which–
(a)
(a) is brought into England–
(i) from an EEA State (other than a member State) in which it was lawfully produced and sold, or
(ii) from another part of the United Kingdom if that spreadable fat was brought there from such an EEA State; and
(b)
(b) is suitably labelled to indicate the nature of the spreadable fat.
(2) Regulation 4 of these Regulations shall not apply in respect of any margarine which–
(a)
(a) is brought into England–
(i) from an EEA State (other than the United Kingdom) in which it was lawfully produced and sold,
(ii) from a member State (other than the United Kingdom) in which it was in free circulation and lawfully sold, or
(iii) from another part of the United Kingdom in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and
(b)
(b) is suitably labelled to indicate the nature of the margarine.
(3) For the purposes of paragraph (2) above, “free circulation” has the same meaning as in Article 23(2) of the Treaty establishing the European Community.
Vitamin content of margarine
4.—(1) Any margarine sold by retail shall contain in every 100 grams of such margarine–
(a)
(a) not less than 800 micrograms and not more than 1000 micrograms of vitamin A, and
(b)
(b) not less than 7.05 micrograms and not more than 8.82 micrograms of vitamin D,
and a proportionate amount in any part of 100 grams.
(2) No person shall sell by retail any margarine in contravention of this regulation.
Enforcement
5. Each food authority shall enforce and execute within its area the Community provisions and these Regulations.
Offences and penalty
6. If any person contravenes or fails to comply with–
(a) regulation 4 of these Regulations, or
(b) any Community provision,
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence in relation to exports
7. In any proceedings under regulation 6(b) of these Regulations it shall be...
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