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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Condensed Milk and Dried Milk (England) Regulations 2003 No. 1596 URL: http://www.bailii.org/uk/legis/num_reg/2003/20031596.html |
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Made | 17th June 2003 | ||
Laid before Parliament | 24th June 2003 | ||
Coming into force | 17th July 2003 |
Scope of Regulations
3.
These Regulations apply to designated products, intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment.
Reserved descriptions
4.
No person shall sell any food with a label, whether or not attached to or printed on the wrapper or container, which bears, comprises or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless -
Labelling and description of designated products
5.
Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any designated product unless it is marked or labelled with the following particulars -
Manner of marking or labelling
6.
- (1) Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a designated product is required to be marked or labelled by regulation 5 of these Regulations as if they were particulars with which food is required to be marked or labelled by the 1996 Regulations.
(2) The particulars which are required to appear on the label by virtue of regulation 5(b) and (c) of these Regulations shall appear near the name of the product.
(3) Where designated products weighing less than 20 grams per unit are packed in an outer packaging, the particulars required by regulation 5(b) to (e) of these Regulations need appear on the outer packaging only.
Penalties and enforcement
7.
- (1) If any person contravenes or fails to comply with regulation 4 or 5 of these Regulations 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.
(2) Each food authority shall enforce and execute these Regulations in its area.
Defence in relation to exports
8.
In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove -
Application of various provisions of the Food Safety Act 1990
9.
- (1) The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations -
(2) Section 29 of the Act (sampling) shall apply in relation to the sampling for analysis of designated products for the purposes of these Regulations with the modification that the powers of an authorised officer of an enforcement authority under that section and the duties of such an officer under any regulations made under the Act, shall be exercised and performed in accordance with the methods described in the Annex to Directive 87/524/EEC.
Amendments and revocations
10.
- (1) In the 1996 Regulations (insofar as they apply to England) the following provisions shall be omitted -
(2) The following entries relating to the Condensed Milk and Dried Milk Regulations 1977[10] shall (insofar as the following Regulations apply to England), be omitted -
(3) The following Regulations are hereby revoked (insofar as they apply to England) -
(4) In the Colours in Food Regulations 1995[23], insofar as they extend to England, in Schedule 2, paragraph 6, for the reference to "Directive 76/118/EEC" there is substituted a reference to "Directive 2001/114/EC".
(5) In the Miscellaneous Food Additives Regulations 1995[24], insofar as they extend to England -
Transitional provision
11.
In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove that -
Column 1 | Column 2 |
Reserved Descriptions | Designated Products |
1.
Partly dehydrated milk - Types of unsweetened condensed milk |
|
(a) Condensed high-fat milk |
Partly dehydrated milk containing, by weight, not less than 15% fat, and not less than 26.5% total milk solids. |
(b) Condensed milk |
Partly dehydrated milk containing, by weight, not less than 7.5% fat, and not less than 25% total milk solids. |
(c) Condensed, partly skimmed milk |
Partly dehydrated milk containing, by weight, not less than 1% and less than 7.5% fat, and not less than 20% total milk solids. |
(d) Condensed skimmed milk |
Partly dehydrated milk containing, by weight, not more than 1% fat, and not less than 20% total milk solids. |
-
Types of sweetened condensed milk |
|
(e) Sweetened condensed milk |
Partly dehydrated milk with an admixture of sucrose (semi-white sugar, white sugar or extra-white sugar) and containing, by weight, not less than 8% fat and not less than 28% total milk solids. |
(f) Sweetened condensed, partly skimmed milk |
Partly dehydrated milk with an admixture of sucrose (semi-white sugar, white sugar or extra-white sugar) and containing, by weight, not less than 1% and less than 8% fat, and not less than 24% total milk solids. |
(g) Sweetened condensed skimmed milk |
Partly dehydrated milk with an admixture of sucrose (semi-white sugar, white sugar or extra-white sugar) and containing, by weight, not more than 1% fat and not less than 24% total milk solids. |
2.
Totally dehydrated milk |
|
(a) Dried high-fat milk or high-fat milk powder |
Totally dehydrated milk containing, by weight, not less than 42% fat. |
(b) Dried whole milk or whole milk powder |
Totally dehydrated milk containing, by weight, not less than 26% and less than 42% fat. |
(c) Dried partly skimmed milk or partly skimmed-milk powder |
Totally dehydrated milk with a fat content of more than 1.5% and less than 26% by weight. |
(d) Dried skimmed milk or skimmed-milk powder |
Totally dehydrated milk containing, by weight, not more than 1.5% fat. |
4.
The levels of dry matter, moisture content, fat, sucrose, lactic acid and lactates and phosphatase activity in the designated products shall be determined in accordance with the methods set out in Directive 79/1067.
A Regulatory Impact Assessment has been prepared and placed in the Library of each House of Parliament, together with a Transposition Note setting out how the main elements of the European legislation referred to above are transposed in these Regulations. Copies may be obtained from the Food Labelling and Standards Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.
[2] Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (c. 28) and paragraphs 12 and 21 of that Schedule amend sections 17(1) and 48 of the 1990 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46) as read with section 40(2) of the 1999 Act. Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.back
[3] OJ No. L31, 1.2.2002, p. 1.back
[4] OJ No. L327, 24.12.1979, p. 29.back
[5] OJ No. L306, 28.10.1987, p. 24.back
[6] OJ No. L1, 3.1.94, p. 1.back
[7] OJ No. L1, 3.1.94, p. 571.back
[8] S.I. 1996/1499; the relevant amending instrument is S.I. 1998/1398.back
[9] OJ No. L15, 17.1.2002, p. 19, as adopted by the EEA Joint Committee Decision No. 99/2002 (OJ No. L298, 31.10.2002, p. 10).back
[10] S.I. 1977/928; relevant amending instruments S.I. 1982/1066, 1986/2299, 1989/1959, 1990/2486, 1991/1476, 1992/2596, 1995/3187, 1996/1499, 1999/1136, 2001/60.back
[25] OJ No. L40, 11.2.1989, p. 27.back
[26] S.I. 1995/1086, relevant amendment made by S.I. 1996/1699.back
© Crown copyright 2003 | Prepared 24 June 2003 |