The Food (Miscellaneous Revocations and Amendments) Regulations 1995 No. 3267


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Statutory Instruments

1995 No. 3267

FOOD

The Food (Miscellaneous Revocations and Amendments) Regulations 1995

Made

18th December 1995

Laid before Parliament

18th December 1995

Coming into force

1st January 1996

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 and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1), (2) and (3), 17, 18(1)(c), 26(1)(a), (2)(e) and (3), 31 and 48(1) of, and paragraphs 1 and 5 of Schedule 1 to, the Food Safety Act 1990(1) and of all other powers enabling them in that behalf; the Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to the common agricultural policy of the European Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of the Act of 1990 with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations (insofar as the Regulations are made in exercise of the powers conferred by the said sections of the said Act of 1990), hereby make the following Regulations:

Title and commencement

1. These Regulations may be cited as the Food (Miscellaneous Revocations and Amendments) Regulations 1995 and shall come into force on 1st January 1996.

Revocations

2.-(1) Subject to paragraph (2) below, the Orders and Regulations specified in column 1 and 2 of the Schedule to these Regulations are hereby revoked to the extent specified in relation thereto in column 3 of that Schedule.

(2) Insofar as any provision revoked by paragraph (1) above has effect in Northern Ireland, the revocation of that provision shall not extend to Northern Ireland.

Amendments

3. In regulation 2(1) of the Cocoa and Chocolate Products Regulations 1976(4) and regulation 2(1) of the Cocoa and Chocolate Products (Scotland) Regulations 1976(5) for the definition of"ice cream" there shall be substituted the following-

""ice cream" means food corresponding to the description "ice cream" in Schedule 8 to the Food Labelling Regulations 1995;".

Angela Browning

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

13th December 1995

Signed by authority of the Secretary of State for Health

Cumberlege

Parliamentary Under Secretary of State,

Department of Health

14th December 1995

Signed by the authority of the Secretary of State for Wales

Rod Richards

Parliamentary Under Secretary of State,

Welsh Office

18th December 1995

Lindsay

Parliamentary Under Secretary of State,

Scottish Office

12th December 1995

Regulation 2

THE SCHEDULEREVOCATIONS

(1)(2)(3)
Regulations and Orders revokedReferencesExtent of revocations
The Food Standards (General Provisions) Order 1944S.R. & O. 1944/42The whole Order
Order dated 1 June 1944, amending the Food Standards (General Provisions) Order 1944S.R. & O. 1944/654The whole Order
The Food Standards (Fish Cakes) Order 1950S.I. 1950/589The whole Order
The Skimmed Milk with Non-Milk Fat Regulations 1960 ("the 1960 Regulations")S.I. 1960/2331The whole Regulations
The Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960 ("the Scottish 1960 Regulations")S.I. 1960/2437The whole Regulations
The Soft Drinks Regulations 1964 ("the 1964 Regulations")S.I. 1964/760The whole Regulations
The Soft Drinks (Scotland) Regulations 1964 ("the Scottish 1964 Regulations")S.I. 1964/767The whole Regulations
The Ice-Cream Regulations 1967 ("the 1967 Regulations")S.I. 1967/1866The whole Regulations
The Soft Drinks (Amendment) Regulations 1969S.I. 1969/1818The whole Regulations
The Soft Drinks (Scotland) Amendment Regulations 1969S.I. 1969/1847The whole Regulations
The Ice Cream (Scotland) Regulations 1970 ("the Scottish 1970 Regulations")S.I. 1970/1285The whole Regulations
The Soft Drinks (Amendment) Regulations 1970S.I. 1970/1597The whole Regulations
The Soft Drinks (Scotland) Amendment Regulations 1970S.I. 1970/1619The whole Regulations
The Labelling of Food (Amendment) Regulations 1972S.I. 1972/1510The whole Regulations
The Labelling of Food (Scotland) Amendment Regulations 1972S.I. 1972/1790The whole Regulations
The Skimmed Milk with Non-Milk Fat (Amendment) Regulations 1976S.I. 1976/103The whole Regulations
The Skimmed Milk with Non-Milk Fat (Scotland) Amendment Regulations 1976S.I. 1976/294The whole Regulations
The Soft Drinks (Amendment) Regulations 1976S.I. 1976/295The whole Regulations
The Soft Drinks (Scotland) Amendment Regulations 1976S.I. 1976/442The whole Regulations
The Fruit Juices and Fruit Nectars Regulations 1977S.I. 1977/927Regulation 15
The Fruit Juices and Fruit Nectars (Scotland) Regulations 1977S.I. 1977/1026Regulation 16
The Lead in Food Regulations 1979S.I. 1979/1254The definition of "soft drink" in regulation 2(1)
The Lead in Food (Scotland) Regulations 1979S.I. 1979/1641The definition of "soft drink" in regulation 2(1)
The Skimmed Milk with Non-Milk Fat (Amendment) Regulations 1981S.I. 1981/1174The whole Regulations
The Skimmed Milk with Non-Milk Fat (Scotland) Amendment Regulations 1981S.I. 1981/1319The whole Regulations
The Food (Revision of Penalties) Regulations 1982S.I. 1982/1727Regulation 4(3); the references to the 1960 Regulations, the 1964 Regulations and the 1967 Regulations in Column 2 of Schedule 1 together with the entries corresponding thereto in Column 1, 3 and 4; the reference to the Food Standards (General Provisions) Order 1944 in Part IV and V of Schedule 3
The Food (Revision of Penalties) Regulations 1985S.I. 1985/67The reference to the Food Standards (General Provisions) Order 1944, the 1960 Regulations, the 1964 Regulations and the 1967 Regulations in Column 2 of Part I of the Schedule together with the entries corresponding thereto in Column 1 and 3
The Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 1985S.I. 1985/1068The references to the Scottish 1960 Regulations, the Scottish 1964 Regulations and the Scottish 1970 Regulations in Column 2 of Schedule 1 together with the entries corresponding thereto in Column 1 and 3
The Potassium Bromate (Prohibition as a Flour Improver) (Scotland) Regulations 1990S.I. 1990/395The whole Regulations
The Potassium Bromate (Prohibition as a Flour Improver) Regulations 1990S.I. 1990/399The whole Regulations
The Milk and Milk Products (Protection of Designations) Regulations 1990S.I. 1990/607The references to the 1960 Regulations and the 1967 Regulations in Column 1 of the Schedule together with the entries corresponding thereto in Column 2 and 3
The Milk and Milk Products (Protection of Designations) (Scotland) Regulations 1990S.I. 1990/816The references to the Scottish 1960 Regulations and the Scottish 1970 Regulations in Column 1 of the Schedule together with the entries corresponding thereto in Column 2 and 3
The Food Safety (Exports) Regulations 1991S.I. 1991/1476The references to the 1960 Regulations, the 1964 Regulations and the 1967 Regulations in Column 2 of Part I of Schedule 1 together with the entries corresponding thereto in Column 1 and 3; the references to the Scottish 1960 Regulations, the Scottish 1964 Regulations and the Scottish 1970 Regulations in Column 2 of Schedule 2 together with the entries corresponding thereto in Column 1 and 3
The Food (Forces Exemptions) (Revocations) Regulations 1992S.I. 1992/2596The references to the 1960 Regulations, the 1964 Regulations and the 1967 Regulations in Column 2 of Part I of the Schedule together with the entries corresponding thereto in Column 1 and 3; the references to the Scottish 1960 Regulations, the Scottish 1964 Regulations and the Scottish 1970 Regulations in Column 2 of Part II of the Schedule together with the entries corresponding thereto in Column 1 and 3
The Food Safety (Amendment) (Metrication) Regulations 1992S.I. 1992/2597Regulation 2, 3 and 4 and Schedule 1 and 2
The Soft Drinks (Amendment) Regulations 1993S.I. 1993/1240The whole Regulations
The Infant Formula and Follow-on Formula Regulations 1995S.I. 1995/77Regulation 24

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the following instruments-

(a)The Food Standards (General Provisions) Order 1944

(b)The Food Standards (Fish Cakes) Order 1950

(c)The Skimmed Milk with Non-Milk Fat Regulations 1960

(d)The Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960

(e)The Soft Drinks Regulations 1964

(f)The Soft Drinks (Scotland) Regulations 1964

(g)The Ice-Cream Regulations 1967

(h)The Ice-Cream (Scotland) Regulations 1970

Amending instruments to those revoked and references to them in other instruments (specified in the Schedule) are also revoked.

Both Orders mentioned above were made under regulation 2 of the Defence (Sale of Food) Regulations 1943 and, in relation to Great Britain, were the only Orders made under the said regulation 2 which remained in force. The Food Standards (Fish Cakes) Order 1950 prescribed a compositional standard for fish cakes and compliance with that standard was required by the Food Standards (General Provisions) Order 1944.

The Skimmed Milk with Non-Milk Fat Regulations 1960 and Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960 imposed requirements in relation to labelling and advertising. The remainder of the Regulations mentioned in the first paragraph above specified compositional standards, imposed requirements as to labelling and, for ice cream, advertising.

Provisions concerning the use of the description "ice-cream" and the description "low calorie" in relation to soft drinks appear in the Food Labelling Regulations 1995.

These Regulations also amend the definition of "ice cream" in the Cocoa and Chocolate Products Regulations 1976 and in the Cocoa and Chocolate Products (Scotland) Regulations 1976.

(1)

1990 c. 16; "the Ministers" is defined in section 4(1) of the Act.

(2)

S.I. 1972/1811.

(4)

S.I. 1976/541, to which there are amendments not relevant to these Regulations.

(5)

S.I. 1976/914, to which there are amendments not relevant to these Regulations.


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