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The Fruit Juices and Fruit Nectars (Wales) Regulations 2013

W.S.I. 2013/2750 · Made 25 October 2013 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2023.

Food, Wales

Made 25 October 2013

Laid before the National Assembly for Wales 28 October 2013

Coming into force 20 November 2013

The following Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972M1 and it appears to the Welsh Ministers that it is expedient for any reference in the following Regulations to an EU instrument listed in Schedule 1 to be construed as a reference to that instrument as amended from time to time.

The Welsh Ministers are designatedM2 for the purposes of section 2(2) of the European Communities Act 1972 in relation to food (including drink) including the primary production of food.

Insofar as the following Regulations are made in exercise of powers under the Food Safety Act 1990M3, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A)M4 of that Act.

There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safetyM5.

The Welsh Ministers make the following Regulations in exercise of the powers conferred by—

  1. (a)

    paragraph 1A of Schedule 2 to the European Communities Act 1972M6, so far as relating to regulation 3(3) and Schedule 1;

  2. (b)

    section 4(1), (2), (3), (4) and (8) and section 10 of the Healthy Eating in Schools (Wales) Measure 2009M7 so far as relating to—

    1. (i)

      regulation 21, to the extent it relates to paragraph 2 of Schedule 15, and

    2. (ii)

      paragraph 2 of Schedule 15; and

  3. (c)

    sections 6(4)M8, 16(1)(a) and (e), 17(1), 26(1)(a) and (3)M9 and 48(1)M10 of the Food Safety Act 1990, now vested in the Welsh MinistersM11, so far as relating to the other provisions of these Regulations.C1

Annotations to the whole text

Marginal citations

M1

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

M2

S.I. 2005/1971, to which there are amendments not relevant to these Regulations. Functions conferred on the National Assembly for Wales were subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c..32).

M3

1990 c. 16.

M4

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).

M5

OJ No L 31, 1.2.2002, p.1, last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ No. L 188, 18.7.2009, p .14).

M6

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by S.I. 2007/1388 and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008.

M7

2009 nawm 3.

M8

Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40), paragraph 10(1) and (3) of Schedule 5, and Schedule 6, to the Food Standards Act 1999, and S.I. 2002/794.

M9

Section 26(3) was partially repealed by Schedule 6 to the Food Standards Act 1999.

M10

Section 48(1) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999.

M11

Functions formerly exercisable by “the Ministers” so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the Food Standards Act 1999, and subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32).

Modifications

C1

Regulations applied in part (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(b), Sch. 2 (with regs. 7, 8)

Contents

  1. 1Title, application, commencement and expiry
  2. 2Definitions of “fruit juice” and similar products
  3. 3General interpretation
  4. 4Use of the name fruit juice
  5. 5Use of the name fruit juice from concentrate
  6. 6Use of the name concentrated fruit juice
  7. 7Use of the name water extracted fruit juice
  8. 8Use of the name dehydrated fruit juice and powdered fruit juice
  9. 9Use of the name fruit nectar
  10. 10Indication of kinds of fruits used
  11. 11Indication of added extra pulp and cells
  12. 12Labelling of a fruit juice partially made from concentrate
  13. 13Labelling of concentrated fruit juice not intended for delivery to the final consumer
  14. 14Labelling of a fruit nectar
  15. 15Manner of marking or labelling
  16. 16Enforcement
  17. 17Improvement notice – application of subsections (1) and (2) of section 10 of the Act
  18. 18Appeal against improvement notice – application of subsections (1) and (6) of section 37, and section 39, of the Act
  19. 19Application of other provisions of the Act
  20. 20Revocations
  21. 21Consequential amendments
  22. 22Transitional provisions Repealed
  23. Signature
  24. Schedule 1: Ambulatory references
  25. Paragraph
  26. Schedule 2: Specification for fruit juice
  27. 1Paragraph 1
  28. 2Paragraph 2
  29. 3Paragraph 3
  30. 4Paragraph 4
  31. 5Paragraph 5
  32. 6Paragraph 6
  33. 7Paragraph 7
  34. 8Paragraph 8
  35. 9Paragraph 9
  36. Schedule 3: Specification for fruit juice from concentrate
  37. 1Paragraph 1
  38. 2Paragraph 2
  39. 3Paragraph 3
  40. 4Paragraph 4
  41. 5Paragraph 5
  42. 6Paragraph 6
  43. 7Paragraph 7
  44. 8Paragraph 8
  45. Schedule 4: Specification for concentrated fruit juice
  46. 1Paragraph 1
  47. 2Paragraph 2
  48. 3Paragraph 3
  49. 4Paragraph 4
  50. Schedule 5: Specification for water extracted fruit juice
  51. 1Paragraph 1
  52. 2Paragraph 2
  53. 3Paragraph 3
  54. Schedule 6: Specification for dehydrated fruit juice and powdered fruit juice
  55. 1Paragraph 1
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. Schedule 7: Specification for fruit nectar
  59. Part 1: General specification for fruit nectar
  60. 1Paragraph 1
  61. 2Paragraph 2
  62. 3Paragraph 3
  63. 4Paragraph 4
  64. 5Paragraph 5
  65. 6Paragraph 6
  66. 7Paragraph 7
  67. 8Paragraph 8
  68. 2Minimum juice and pur�e content of fruit nectars
  69. Schedule 8: Authorised additional ingredients
  70. 1Paragraph 1
  71. 2Paragraph 2
  72. 3Paragraph 3
  73. Schedule 9: Authorised additional substances
  74. 1Paragraph 1
  75. 2Paragraph 2
  76. 3Paragraph 3
  77. 4Paragraph 4
  78. 5Paragraph 5
  79. 6Paragraph 6
  80. 7Paragraph 7
  81. 8Paragraph 8
  82. 9Paragraph 9
  83. 10Paragraph 10
  84. Schedule 10: Authorised treatments
  85. 1Paragraph 1
  86. 2Paragraph 2
  87. 3Paragraph 3
  88. Schedule 11Alternative designations for fruit juice
  89. Schedule 12Alternative designations for fruit nectar
  90. Schedule 13Minimum Brix levels for a fruit juice from concentrate
  91. Schedule 14Application of other provisions of the Act
  92. Schedule 15: Consequential amendments
  93. 1Amendment of the Food Labelling Regulations 1996 Repealed
  94. 2Amendment of the Healthy Eating in Schools (Nutritional Standards and Requirements)(Wales) Regulations 2013
  95. Explanatory note