2018 No. 274 (W. 50)

Food, Wales

The Jam and Similar Products (Wales) Regulations 2018

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1)(a) and (e), 17(1) and (2), 26(1) and (3) and 48(1) of the Food Safety Act 19901 and paragraph 1A of Schedule 2 to the European Communities Act 19722.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for references to the European instruments listed in Schedule 4 to be construed as references to those instruments as amended from time to time.

So far as these Regulations are made in exercise of powers under the Food Safety Act 1990, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A)3 of that Act.

There has been open and transparent public consultation during the preparation and evaluation of these Regulations 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 safety4.

Title, application and commencementI11

1

The title of these Regulations is the Jam and Similar Products (Wales) Regulations 2018.

2

These Regulations apply in relation to Wales.

3

These Regulations come into force on 26 March 2018.

Annotations:
Commencement Information
I1

Reg. 1 in force at 26.3.2018, see reg. 1(3)

InterpretationI22

1

In these Regulations—

  • “the Act” (“y Ddeddf”) means the Food Safety Act 1990;

  • “aqueous extract of fruit” (“echdynnyn dyfrllyd ffrwythau”) means the aqueous extract of fruit which, subject to the losses necessarily occurring in proper manufacturing, contains all the water-soluble constituents of the fruit used;

  • “authorised additional ingredient” (“cynhwysyn ychwanegol a awdurdodwyd”) means an ingredient specified in Schedule 2;

  • “authorised treatment” (“triniaeth a awdurdodwyd”) means a treatment specified in Schedule 3;

  • Directive 2001/111/EC” (“Cyfarwyddeb 2001/111/EC”) means Council Directive 2001/111/EC5 relating to certain sugars intended for human consumption;

  • Directive 2001/113/EC” (“Cyfarwyddeb 2001/113/EC”) means Council Directive 2001/113/EC6 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption;

  • “fruit” (“ffrwyth”) means fresh, sound fruit, free from deterioration, containing all of its essential constituents and sufficiently ripe for use, after cleaning, removal of blemishes, topping and tailing, and includes ginger, tomatoes, the edible parts of rhubarb stalks, carrots, sweet potatoes, cucumbers, pumpkins, melons and watermelons;

  • “fruit pulp” (“mwydion ffrwythau”) means the edible part of the whole fruit, with or without (as appropriate) the peel, skin, seeds, pips or the like, which may have been sliced or crushed but which has not been reduced to a purée;

  • “fruit purée” (“piwrî ffrwythau”) means the edible part of the whole fruit, with or without (as appropriate) the peel, skin, seeds, pips or the like, which has been reduced to a purée by being sieved or by being subjected to a similar process;

  • “ginger” (“sinsir”) means the edible root of the ginger plant in a fresh or preserved state, including dried ginger root and ginger root preserved in syrup;

  • “honey” (“mêl”) means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature;

  • “ingredient” (“cynhwysyn”) has the meaning given in Article 2(2)(f) of Regulation (EU) No 1169/20117;

  • “in trade” (“mewn masnach”) has the same meaning as in Directive 2001/113/EC and the expressions “trade in”, “trades in” and “traded” (“masnachu mewn”, “a fasnachir”) are to be construed accordingly;

  • “labelling” (“labeli”) has the meaning given in Article 2(2)(j) of Regulation (EU) No 1169/2011 and the expression “labelled” (“wedi ei labelu”) is to be construed accordingly;

  • “regulated product” (“cynnyrch a reoleiddir”) means a product that is listed in any of the entries in the table in Part 1 of Schedule 1 and complies with the requirements for that product set out in the Part of that Schedule specified in the corresponding entry in column 3 of the table;

  • “Regulation (EC) No 1924/2006” (“Rheoliad (EC) Rhif 1924/2006”) means Regulation (EC) No 1924/20068 of the European Parliament and of the Council on nutrition and health claims made on foods;

  • “Regulation (EC) No 1333/2008” (“Rheoliad (EC) Rhif 1333/2008”) means Regulation (EC) No 1333/20089 of the European Parliament and of the Council on food additives;

  • “Regulation (EU) No 1169/2011” (“Rheoliad (EU) Rhif 1169/2011”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;

  • “sugar” (“siwgr”) means any of the following—

    1. a

      any sugar defined in Part A of the Annex to Directive 2001/111/EC;

    2. b

      fructose syrup;

    3. c

      sugar extracted from fruit;

    4. d

      brown sugar.

2

Any other expression used in these Regulations and Directive 2001/113/EC has the same meaning in these Regulations as in that Directive.

3

In these Regulations, any reference to an EU instrument listed in Schedule 4 is a reference to that instrument as amended from time to time.

4

Part 13 of Schedule 1 has effect in relation to the interpretation of Schedule 1.

Annotations:
Commencement Information
I2

Reg. 2 in force at 26.3.2018, see reg. 1(3)

ScopeI33

1

These Regulations apply to products intended for human consumption, except for any product intended for the manufacture of fine bakery wares, pastries or biscuits.

2

These Regulations do not apply to a product traded using a name listed in Part 2 of the table in Part 1 of Schedule 1 that is brought into Wales from another part of the United Kingdom, from another EEA State or from the Republic of Turkey, in which it was lawfully marketed.

3

In paragraph (1) “fine bakery wares, pastries or biscuits” has the same meaning as in Article 1 of Directive 2001/113/EC.

Annotations:
Commencement Information
I3

Reg. 3 in force at 26.3.2018, see reg. 1(3)

Use of a product nameI44

1

A person who trades in a product that complies with the requirements of a Part of Schedule 1 specified in column 3 of the table in Part 1 of Schedule 1 must use the name of the product listed in the corresponding entry in column 1 of that table, in trade, as the name of the product.

2

A person must not use a product name listed in column 1 or 2 of the table in Part 1 of Schedule 1, or the equivalent name in any other language, in trade, as the name of a product unless the product complies with the requirements for that product specified in the Part of that Schedule listed in the corresponding entry in column 3 of the table.

3

Paragraph (2) does not prevent a product name being used, in trade, as part of the name of another product if—

a

the use of the product name in that way is in accordance with practices used to designate the other product; and

b

the other product cannot be confused with a regulated product.

4

In addition to the name of the product that must be used by virtue of paragraph (1), a person may use the Welsh name of the product as listed in the entry in column 2 of the table in Part 1 of Schedule 1 which corresponds to the English name of the product in column 1 of the same table.

5

Nothing in paragraphs (1) or (4) prevents the product name from being in any other language in addition to Welsh and English.

Annotations:
Commencement Information
I4

Reg. 4 in force at 26.3.2018, see reg. 1(3)

Indication of kinds of fruits usedI55

1

A person must not trade in a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1 unless the product name is supplemented with an indication of the kinds of fruits used to manufacture the product in accordance, as applicable, with paragraph (2), (3) or (4).

2

Where a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1 is manufactured using a single kind of fruit, the product name must be supplemented with an indication of the kind of fruit used to manufacture the product.

3

Where a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1 is manufactured from two kinds of fruit, the product name must be supplemented with an indication of those kinds of fruit in descending order of the weight of the raw materials of the fruit used to manufacture the product.

4

Where a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1 is manufactured from three or more kinds of fruit, the product name must be supplemented—

a

with an indication of the kinds of fruit used in descending order of the weight of the raw materials of fruit used to manufacture the product;

b

with the words “mixed fruit” or similar wording; or

c

with the number of kinds of fruit used.

5

In addition to the wording required by virtue of paragraph (4)(b), the product name may be supplemented with the words “ffrwythau cymysg” or similar Welsh wording.

6

Nothing in paragraphs (4)(b) or (5) prevents the product name from being supplemented with the required words in any other language in addition to Welsh and English.

Annotations:
Commencement Information
I5

Reg. 5 in force at 26.3.2018, see reg. 1(3)

Fruit content indicationI66

1

A person must not trade in a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1 unless the labelling of the product indicates the fruit content of the product in accordance with paragraphs (2) to (4).

2

The fruit content must be indicated by including the words “prepared with x g of fruit per 100 g” with the quantity in grams of fruit from which the fruit pulp, fruit purée, fruit juice, fruit peel and aqueous extract of fruit used for every hundred grams of the finished product are derived being inserted in place of “x”.

3

If aqueous extracts are used, the fruit content of the finished product as indicated on the labelling of the product must be calculated after deducting the weight of any water used to prepare the aqueous extracts.

4

The fruit content indication must appear in the same visual field as the product name and be in clearly visible characters.

5

In addition to the wording required by virtue of paragraph (2), the words “paratowyd â x g o ffrwythau am bob 100g” may be included, with the quantity in grams of fruit from which the fruit pulp, fruit purée, fruit juice, fruit peel and aqueous extract of fruit used for every hundred grams of the finished product are derived being inserted in place of “x”.

6

Nothing in paragraphs (2) or (5) prevents the wording required by virtue of paragraph (2) from being included in any other language in addition to Welsh and English.

Annotations:
Commencement Information
I6

Reg. 6 in force at 26.3.2018, see reg. 1(3)

Total sugar content indicationI77

1

A person must not trade in a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1 unless the labelling of the product indicates the total sugar content of the finished product in accordance with paragraphs (2) to (5).

2

The total sugar content must be indicated by including the words “total sugar content: x g per 100 g”, with the content in grams of soluble solids in each hundred grams of the finished product inserted in place of “x”.

3

The total sugar content of the finished product as indicated on the labelling must be determined by a refractometer at 20°C.

4

The total sugar content of the finished product as indicated on the labelling must be accurate to ±3 refractometric degrees.

5

The total sugar content indication must appear in the same visual field as the product name and be in clearly visible characters.

6

Paragraph (1) does not apply where a claim as regards the sugar content of a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1 is made and the product is marked or labelled, as regards its sugar content, with the prescribed nutrition labelling set out in Articles 30 to 35 of Regulation (EU) No 1169/2011.

7

In addition to the wording required by virtue of paragraph (2), the words “cyfanswm y cynnwys siwgr: x g ym mhob 100 g” may be included, with the content in grams of soluble solids in each hundred grams of the finished product inserted in place of “x”.

8

Nothing in paragraphs (2) or (7) prevents the wording required by virtue of paragraph (2) from being included in any other language in addition to Welsh and English.

Annotations:
Commencement Information
I7

Reg. 7 in force at 26.3.2018, see reg. 1(3)

Residual sulphur dioxideI88

A person must not trade in a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1 that has a residual sulphur dioxide content of more than 10 milligrams per kilogram unless, in addition to any particular required to be identified in a list of ingredients by Regulation (EU) No 1169/2011, the presence of that residual sulphur dioxide is indicated in the list of ingredients of the product according to the percentage by weight of the residual sulphur dioxide in the product.

Annotations:
Commencement Information
I8

Reg. 8 in force at 26.3.2018, see reg. 1(3)

EnforcementI99

It is the duty of a food authority within its area to enforce these Regulations.

Annotations:
Commencement Information
I9

Reg. 9 in force at 26.3.2018, see reg. 1(3)

Application and modifications of provisions of the ActI1010

The provisions of the Act specified in column 1 of the table in Schedule 5 apply, with the modifications specified in column 2 of that table, for the purposes of these Regulations.

Annotations:
Commencement Information
I10

Reg. 10 in force at 26.3.2018, see reg. 1(3)

RevocationsI1111

1

The Jam and Similar Products (Wales) Regulations 200410 are revoked.

2

The entry relating to the Jam and Similar Products (Wales) Regulations 2004 in the table in Part 4 of the Schedule to the Treaty of Lisbon (Changes in Terminology or Numbering) Order 201211 is revoked.

Annotations:
Commencement Information
I11

Reg. 11 in force at 26.3.2018, see reg. 1(3)

Vaughan GethingCabinet Secretary for Health and Social Services, one of the Welsh Ministers

SCHEDULE 1Regulated products

Regulations 2 to 8

I88PART 1List of products

Annotations:
Commencement Information
I88

Sch. 1 Pt. 1 in force at 26.3.2018, see reg. 1(3)

Column 1

Product name in English

Column 2

Product name in Welsh

Column 3

Part of this Schedule containing the specification for the product

Part 1

Jam

Jam

Part 2

Extra jam

Jam ecstra

Part 3

Jelly

Jeli

Part 4

Extra jelly

Jeli ecstra

Part 5

Marmalade

Marmalêd

Part 6

Jelly marmalade

Marmalêd jeli

Part 7

Sweetened chestnut purée

Piwrî castan a felyswyd

Part 8

Part 2

“X” curd

Ceuled “X”

Part 9

Lemon cheese

Ceuled lemon

Part 10

“Y” flavour curd

Ceuled blas “Y”

Part 11

Mincemeat

Briwfwyd

Part 12

PART 2Jam

I121

Jam is a mixture, brought to a suitable gelled consistency, of—

a

sugar;

b

fruit pulp, or fruit purée, or both fruit pulp and fruit purée, of one or more kinds of fruit; and

c

water.

Annotations:
Commencement Information
I12

Sch. 1 para. 1 in force at 26.3.2018, see reg. 1(3)

I132

Notwithstanding paragraph 1(a), a permitted sweetener may be used in the manufacture of jam either wholly or partially as a replacement for sugar.

Annotations:
Commencement Information
I13

Sch. 1 para. 2 in force at 26.3.2018, see reg. 1(3)

I143

Notwithstanding paragraph 1(b), citrus jam may be obtained from the whole fruit, cut into strips, sliced or cut into strips and sliced.

Annotations:
Commencement Information
I14

Sch. 1 para. 3 in force at 26.3.2018, see reg. 1(3)

I154

The quantity of fruit pulp, or fruit purée, or both, used for every 1,000 grams of the finished product must not be less than—

a

250 grams in the case of any of the following—

i

redcurrants;

ii

rowanberries,

iii

sea buckthorns;

iv

blackcurrants;

v

rosehips;

vi

quinces;

b

150 grams in the case of ginger;

c

160 grams in the case of cashew apples;

d

60 grams in the case of passion fruit; and

e

350 grams in the case of any other fruit.

Annotations:
Commencement Information
I15

Sch. 1 para. 4 in force at 26.3.2018, see reg. 1(3)

I165

As well as the ingredients mentioned in paragraphs 1 to 3, the product may contain any of the following—

a

an authorised additional ingredient, which, where there are restrictions in Schedule 2 relating to its use, is used as specified in Schedule 2;

b

citrus fruit juice, in a product obtained from other kinds of fruit;

c

red fruit juice, in a product manufactured from any of the following fruits—

i

rosehips;

ii

strawberries;

iii

raspberries;

iv

gooseberries;

v

redcurrants;

vi

plums;

vii

rhubarb;

d

red beetroot juice, in a product manufactured from any of the following fruits—

i

strawberries;

ii

raspberries;

iii

gooseberries;

iv

redcurrants;

v

plums;

e

other fruit juice;

f

citrus peel;

g

leaves of Pelargonium odoratissimum, in a product made from quince.

Annotations:
Commencement Information
I16

Sch. 1 para. 5 in force at 26.3.2018, see reg. 1(3)

I176

Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

Annotations:
Commencement Information
I17

Sch. 1 para. 6 in force at 26.3.2018, see reg. 1(3)

I187

The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

a

a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

b

a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

Annotations:
Commencement Information
I18

Sch. 1 para. 7 in force at 26.3.2018, see reg. 1(3)

PART 3Extra jam

I198

Extra jam is a mixture, brought to a suitable gelled consistency, of—

a

in the case of rosehip extra jam—

i

sugar;

ii

the unconcentrated purée of that fruit, or a mixture of the unconcentrated pulp and purée of that fruit; and

iii

water;

b

in the case of seedless raspberry, blackberry, blackcurrant, blueberry and redcurrant extra jam—

i

sugar;

ii

the unconcentrated purée of that fruit, or a mixture of the unconcentrated pulp and purée of that fruit; and

iii

water;

c

in other cases—

i

sugar;

ii

the unconcentrated pulp of one or more kinds of fruit; and

iii

water.

Annotations:
Commencement Information
I19

Sch. 1 para. 8 in force at 26.3.2018, see reg. 1(3)

I209

Notwithstanding sub-paragraphs (a)(i), (b)(i) and (c)(i) of paragraph 8, a permitted sweetener may be used in the manufacture of extra jam either wholly or partially as a replacement for sugar.

Annotations:
Commencement Information
I20

Sch. 1 para. 9 in force at 26.3.2018, see reg. 1(3)

I2110

Notwithstanding paragraph 8(c)(ii), citrus extra jam may be obtained from the whole fruit, cut into strips, sliced or cut into strips and sliced.

Annotations:
Commencement Information
I21

Sch. 1 para. 10 in force at 26.3.2018, see reg. 1(3)

I2211

The following fruits must not be mixed with other fruits in the manufacture of extra jam—

a

apples;

b

pears;

c

clingstone plums;

d

melons;

e

watermelons;

f

grapes;

g

pumpkins;

h

cucumbers;

i

tomatoes.

Annotations:
Commencement Information
I22

Sch. 1 para. 11 in force at 26.3.2018, see reg. 1(3)

I2312

The quantity of fruit pulp (or fruit purée, or fruit purée and fruit pulp, in the case of a product to which paragraph 8(a) or (b) applies) used to manufacture 1,000 grams of the finished product must not be less than—

a

350 grams in the case of any of the following—

i

redcurrants;

ii

rowanberries;

iii

sea buckthorns;

iv

blackcurrants;

v

rosehips;

vi

quinces;

b

250 grams in the case of ginger;

c

230 grams in the case of cashew apples;

d

80 grams in the case of passion fruit; and

e

450 grams in the case of any other fruit.

Annotations:
Commencement Information
I23

Sch. 1 para. 12 in force at 26.3.2018, see reg. 1(3)

I2413

As well as the ingredients mentioned in paragraphs 8 to 10, the product may contain any of the following—

a

an authorised additional ingredient, which, where there are restrictions in Schedule 2 relating to its use, is used as specified in Schedule 2;

b

citrus fruit juice, in a product obtained from other kinds of fruit;

c

red fruit juices, in a product manufactured from any of the following fruits—

i

rosehips;

ii

strawberries;

iii

raspberries;

iv

gooseberries;

v

redcurrants;

vi

plums;

vii

rhubarb;

d

citrus peel;

e

leaves of Pelargonium odoratissimum, in a product made from quince.

Annotations:
Commencement Information
I24

Sch. 1 para. 13 in force at 26.3.2018, see reg. 1(3)

I2514

Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

Annotations:
Commencement Information
I25

Sch. 1 para. 14 in force at 26.3.2018, see reg. 1(3)

I2615

The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

a

a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

b

a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

Annotations:
Commencement Information
I26

Sch. 1 para. 15 in force at 26.3.2018, see reg. 1(3)

PART 4Jelly

I2716

Jelly is an appropriately gelled mixture of—

a

sugar and juice of one or more kinds of fruit;

b

sugar and aqueous extract of one or more kinds of fruit; or

c

sugar and fruit juice of one or more kinds of fruit and aqueous extract of one or more kinds of fruit.

Annotations:
Commencement Information
I27

Sch. 1 para. 16 in force at 26.3.2018, see reg. 1(3)

I2817

Notwithstanding sub-paragraphs (a), (b) and (c) of paragraph 16, a permitted sweetener may be used in the manufacture of jelly either wholly or partially as a replacement for sugar.

Annotations:
Commencement Information
I28

Sch. 1 para. 17 in force at 26.3.2018, see reg. 1(3)

I2918

The quantity of fruit juice, or aqueous extract of fruit, or both, used for the manufacture of every 1,000 grams of the finished product must not be less than—

a

250 grams in the case of any of the following—

i

redcurrants;

ii

rowanberries;

iii

sea buckthorns;

iv

blackcurrants;

v

rosehips;

vi

quinces;

b

150 grams in the case of ginger;

c

160 grams in the case of cashew apples;

d

60 grams in the case of passion fruit; and

e

350 grams in the case of any other fruit.

Annotations:
Commencement Information
I29

Sch. 1 para. 18 in force at 26.3.2018, see reg. 1(3)

I3019

Where aqueous extract of fruit is used in the manufacture of the product, the quantities specified in paragraph 18 must be calculated after deduction of the weight of water used in preparing the aqueous extracts.

Annotations:
Commencement Information
I30

Sch. 1 para. 19 in force at 26.3.2018, see reg. 1(3)

I3120

As well as the ingredients mentioned in paragraphs 16 and 17, the product may contain any of the following—

a

an authorised additional ingredient, which, where there are restrictions in Schedule 2 relating to its use, is used as specified in Schedule 2;

b

citrus fruit juice, in a product obtained from other kinds of fruit;

c

red beetroot juice, in a product manufactured from one or more of the following fruits—

i

strawberries;

ii

raspberries;

iii

gooseberries;

iv

redcurrants;

v

plums;

d

citrus peel;

e

leaves of Pelargonium odoratissimum, in a product made from quince.

Annotations:
Commencement Information
I31

Sch. 1 para. 20 in force at 26.3.2018, see reg. 1(3)

I3221

Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

Annotations:
Commencement Information
I32

Sch. 1 para. 21 in force at 26.3.2018, see reg. 1(3)

I3322

The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

a

a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

b

a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

Annotations:
Commencement Information
I33

Sch. 1 para. 22 in force at 26.3.2018, see reg. 1(3)

PART 5Extra jelly

I3423

Extra jelly is an appropriately gelled mixture of—

a

sugar and fruit juice;

b

sugar and aqueous extract of fruit; or

c

sugar and both fruit juice and aqueous extract of fruit.

Annotations:
Commencement Information
I34

Sch. 1 para. 23 in force at 26.3.2018, see reg. 1(3)

I3524

Notwithstanding sub-paragraphs (a), (b) and (c) of paragraph 23, a permitted sweetener may be used in the manufacture of extra jelly either wholly or partially as a replacement for sugar.

Annotations:
Commencement Information
I35

Sch. 1 para. 24 in force at 26.3.2018, see reg. 1(3)

I3625

The following fruits must not be mixed with any other fruits in the manufacture of the product—

a

apples;

b

pears;

c

clingstone plums;

d

melons;

e

watermelons;

f

grapes;

g

pumpkins;

h

cucumbers;

i

tomatoes.

Annotations:
Commencement Information
I36

Sch. 1 para. 25 in force at 26.3.2018, see reg. 1(3)

I3726

The quantity of fruit juice, or aqueous extract of fruit, or both, used for the manufacture of every 1,000 grams of the finished product must not be less than—

a

350 grams in the case of any of the following—

i

redcurrants;

ii

rowanberries;

iii

sea buckthorns;

iv

blackcurrants;

v

rosehips;

vi

quinces;

b

250 grams in the case of ginger;

c

230 grams in the case of cashew apples;

d

80 grams in the case of passion fruit; and

e

450 grams in the case of any other fruit.

Annotations:
Commencement Information
I37

Sch. 1 para. 26 in force at 26.3.2018, see reg. 1(3)

I3827

Where aqueous extract of fruit is used in the manufacture of the product, the quantities in sub-paragraphs (a) to (e) of paragraph 26 must be calculated after the deduction of the weight of water used in preparing the aqueous extract.

Annotations:
Commencement Information
I38

Sch. 1 para. 27 in force at 26.3.2018, see reg. 1(3)

I3928

As well as the ingredients mentioned in paragraphs 23 and 24, the product may contain any of the following—

a

an authorised additional ingredient, which, where there are restrictions in Schedule 2 relating to its use, is used as specified in Schedule 2;

b

citrus fruit juice, in a product obtained from other kinds of fruit;

c

citrus peel;

d

leaves of Pelargonium odoratissimum, in a product made from quince.

Annotations:
Commencement Information
I39

Sch. 1 para. 28 in force at 26.3.2018, see reg. 1(3)

I4029

Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

Annotations:
Commencement Information
I40

Sch. 1 para. 29 in force at 26.3.2018, see reg. 1(3)

I4130

The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

a

a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

b

a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

Annotations:
Commencement Information
I41

Sch. 1 para. 30 in force at 26.3.2018, see reg. 1(3)

PART 6Marmalade

I4231

Marmalade is a mixture, brought to a suitable gelled consistency, of—

a

water;

b

sugar; and

c

fruit pulp, fruit purée, fruit juice, fruit peel or aqueous extract of fruit, or any combination thereof, in every case obtained from citrus fruit.

Annotations:
Commencement Information
I42

Sch. 1 para. 31 in force at 26.3.2018, see reg. 1(3)

I4332

Notwithstanding paragraph 31(b), a permitted sweetener may be used in the manufacture of marmalade either wholly or partially as a replacement for sugar.

Annotations:
Commencement Information
I43

Sch. 1 para. 32 in force at 26.3.2018, see reg. 1(3)

I4433

The quantity of citrus fruit used for the manufacture of every 1,000 grams of the finished product must not be less than 200 grams, of which not less than 75 grams must be obtained from the endocarp.

Annotations:
Commencement Information
I44

Sch. 1 para. 33 in force at 26.3.2018, see reg. 1(3)

I4534

As well as the ingredients mentioned in paragraphs 31 and 32, the product may contain any of the following—

a

an authorised additional ingredient, which, where there are restrictions in Schedule 2 relating to its use, is used as specified in Schedule 2;

b

essential oils of citrus fruits.

Annotations:
Commencement Information
I45

Sch. 1 para. 34 in force at 26.3.2018, see reg. 1(3)

I4635

Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

Annotations:
Commencement Information
I46

Sch. 1 para. 35 in force at 26.3.2018, see reg. 1(3)

I4736

The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

a

a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

b

a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

Annotations:
Commencement Information
I47

Sch. 1 para. 36 in force at 26.3.2018, see reg. 1(3)

PART 7Jelly marmalade

I4837

Jelly marmalade complies with all of the requirements for marmalade in Part 6 but it contains no insoluble matter except that it may contain small quantities of finely sliced peel.

Annotations:
Commencement Information
I48

Sch. 1 para. 37 in force at 26.3.2018, see reg. 1(3)

PART 8Sweetened chestnut purée

I4938

Sweetened chestnut purée is a mixture, brought to a suitable consistency, of water, sugar and puréed chestnuts.

Annotations:
Commencement Information
I49

Sch. 1 para. 38 in force at 26.3.2018, see reg. 1(3)

I5039

Notwithstanding paragraph 38, a permitted sweetener may be used in the manufacture of sweetened chestnut purée either wholly or partially as a replacement for sugar.

Annotations:
Commencement Information
I50

Sch. 1 para. 39 in force at 26.3.2018, see reg. 1(3)

I5140

Not less than 380 grams of puréed chestnuts must be used for the manufacture of every 1,000 grams of the finished product.

Annotations:
Commencement Information
I51

Sch. 1 para. 40 in force at 26.3.2018, see reg. 1(3)

I5241

As well as the ingredients mentioned in paragraphs 38 and 39, the product may contain an authorised additional ingredient provided that, where there are restrictions in Schedule 2 relating to the use of that additional ingredient, it is used as specified in Schedule 2.

Annotations:
Commencement Information
I52

Sch. 1 para. 41 in force at 26.3.2018, see reg. 1(3)

I5342

Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

Annotations:
Commencement Information
I53

Sch. 1 para. 42 in force at 26.3.2018, see reg. 1(3)

I5443

The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

a

a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

b

a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

Annotations:
Commencement Information
I54

Sch. 1 para. 43 in force at 26.3.2018, see reg. 1(3)

I5544

In this Part “chestnuts” (“castan”) means the fruit of the sweet chestnut tree (Castanea sativa).

Annotations:
Commencement Information
I55

Sch. 1 para. 44 in force at 26.3.2018, see reg. 1(3)

PART 9“X” curd

I5645

“X” curd is an emulsion of—

a

edible fat or oil (or both);

b

sugar;

c

whole egg or egg yolk (or both); and

d

fruit, fruit pulp, fruit purée, fruit juice, aqueous extract of fruit or essential oils of fruit or any combination of them.

Annotations:
Commencement Information
I56

Sch. 1 para. 45 in force at 26.3.2018, see reg. 1(3)

I5746

Notwithstanding paragraph 45(b), a permitted sweetener may be used in “X” curd either wholly or partially as a replacement for sugar.

Annotations:
Commencement Information
I57

Sch. 1 para. 46 in force at 26.3.2018, see reg. 1(3)

I5847

Apart from the ingredients specified in paragraph 45(d) no other flavouring material may be used in “X” curd to impart the taste or odour (or both the taste and odour) of a fruit.

Annotations:
Commencement Information
I58

Sch. 1 para. 47 in force at 26.3.2018, see reg. 1(3)

I5948

As well as the ingredients mentioned in paragraphs 45 and 46, the product may, subject to paragraph 47, contain any other edible ingredients.

Annotations:
Commencement Information
I59

Sch. 1 para. 48 in force at 26.3.2018, see reg. 1(3)

I6049

The quantity of fat or oil (or both) used for every 1,000 grams of the finished product must not be less than 40 grams.

Annotations:
Commencement Information
I60

Sch. 1 para. 49 in force at 26.3.2018, see reg. 1(3)

I6150

Not less than 6.5 grams of egg yolk solids (whether derived from a whole egg ingredient, an egg yolk or both) must be used for every 1,000 grams of the finished product.

Annotations:
Commencement Information
I61

Sch. 1 para. 50 in force at 26.3.2018, see reg. 1(3)

I6251

The quantity of fruit, fruit pulp, fruit purée, fruit juice, aqueous extract of fruit and essential oil of fruit used must be sufficient to characterise the finished product.

Annotations:
Commencement Information
I62

Sch. 1 para. 51 in force at 26.3.2018, see reg. 1(3)

I6352

The product must have a soluble dry matter content of 65% or more as determined by refractometer at 20°C except for—

a

a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

b

a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

Annotations:
Commencement Information
I63

Sch. 1 para. 52 in force at 26.3.2018, see reg. 1(3)

I6453

This Part is to be read as if for “X” there were substituted—

a

the name of a particular kind or kinds of fruit in the case of a product in which the ingredients used in its preparation in accordance with paragraph 45(d) only come from that kind or kinds of fruit;

b

the words “mixed fruit” in the case of a product in which the ingredients used in its preparation in accordance with paragraph 45(d) come from more than one kind of fruit; or

c

the word “fruit” preceded by a number in the case of a product where the ingredients used in its preparation in accordance with paragraph 45(d) come from that number of kinds of fruit.

Annotations:
Commencement Information
I64

Sch. 1 para. 53 in force at 26.3.2018, see reg. 1(3)

PART 10Lemon cheese

I6554

Lemon cheese complies with all the requirements for “X” curd in Part 9 appropriate for lemon curd.

Annotations:
Commencement Information
I65

Sch. 1 para. 54 in force at 26.3.2018, see reg. 1(3)

PART 11“Y” flavour curd

I6655

“Y” flavour curd is an emulsion of—

a

edible fat or oil (or both);

b

sugar;

c

whole egg or egg yolk (or both); and

d

flavouring material added in order to impart the taste or odour (or both the taste and odour) of a fruit.

Annotations:
Commencement Information
I66

Sch. 1 para. 55 in force at 26.3.2018, see reg. 1(3)

I6756

Notwithstanding paragraph 55(b), a permitted sweetener may be used in the manufacture of “Y” flavour curd either wholly or partially as a replacement for sugar.

Annotations:
Commencement Information
I67

Sch. 1 para. 56 in force at 26.3.2018, see reg. 1(3)

I6857

As well as the ingredients mentioned in paragraphs 55 and 56, the product may contain any other edible ingredients.

Annotations:
Commencement Information
I68

Sch. 1 para. 57 in force at 26.3.2018, see reg. 1(3)

I6958

The quantity of fat or oil (or both) used for every 1,000 grams of the finished product must not be less than 40 grams.

Annotations:
Commencement Information
I69

Sch. 1 para. 58 in force at 26.3.2018, see reg. 1(3)

I7059

Not less than 6.5 grams of egg yolk solids (whether derived from a whole egg ingredient, an egg yolk or both) must be used for every 1,000 grams of the finished product.

Annotations:
Commencement Information
I70

Sch. 1 para. 59 in force at 26.3.2018, see reg. 1(3)

I7160

The quantity of flavouring material used must be sufficient to characterise the finished product.

Annotations:
Commencement Information
I71

Sch. 1 para. 60 in force at 26.3.2018, see reg. 1(3)

I7261

The product must have a soluble dry matter content of 65% or more as determined by refractometer at 20°C except for—

a

a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

b

a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

Annotations:
Commencement Information
I72

Sch. 1 para. 61 in force at 26.3.2018, see reg. 1(3)

I7362

This Part is to be read as if for “Y” there were substituted—

a

the name of a particular kind or kinds of fruit in the case of a product in which the flavouring material used in its preparation in accordance with paragraph 55(d) has been added to impart the taste or odour (or both the taste and odour) of that kind or kinds of fruit; or

b

the words “mixed fruit” in the case of a product in which the flavouring material used in its preparation in accordance with paragraph 55(d) has been added to impart the taste or odour (or both the taste and odour) of more than one kind of fruit.

Annotations:
Commencement Information
I73

Sch. 1 para. 62 in force at 26.3.2018, see reg. 1(3)

PART 12Mincemeat

I7463

Mincemeat is a mixture of sweetening agents, vine fruits, citrus peel, suet or equivalent fat and vinegar or acetic acid, with or without other edible ingredients.

Annotations:
Commencement Information
I74

Sch. 1 para. 63 in force at 26.3.2018, see reg. 1(3)

I7564

Notwithstanding paragraph 63, a permitted sweetener may be used in the manufacture of mincemeat either wholly or partially as a replacement for the sweetening agents.

Annotations:
Commencement Information
I75

Sch. 1 para. 64 in force at 26.3.2018, see reg. 1(3)

I7665

Not less than 300 grams of vine fruits and citrus peel must be used for every 1,000 grams of the finished product, of which not less than 200 grams must be vine fruits.

Annotations:
Commencement Information
I76

Sch. 1 para. 65 in force at 26.3.2018, see reg. 1(3)

I7766

Not less than 25 grams of suet or equivalent fat must be used for every 1,000 grams of the finished product.

Annotations:
Commencement Information
I77

Sch. 1 para. 66 in force at 26.3.2018, see reg. 1(3)

I7867

The product must have a soluble dry matter content of 65% or more as determined by refractometer at 20°C except for—

a

a product in respect of which sweetening agents have been wholly or partially replaced by a permitted sweetener; and

b

a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

Annotations:
Commencement Information
I78

Sch. 1 para. 67 in force at 26.3.2018, see reg. 1(3)

I7968

In this Part—

  • “sweetening agents” (“cyfryngau melysu”) means—

    1. a

      any sugar product defined in the Annex to Directive 2001/111/EC;

    2. b

      brown sugar;

    3. c

      cane molasses;

    4. d

      honey;

  • “vine fruits” (“ffrwythau gwinwydd”) means currants, muscatels, raisins or sultanas or a mixture of any combination of those fruits.

Annotations:
Commencement Information
I79

Sch. 1 para. 68 in force at 26.3.2018, see reg. 1(3)

PART 13Interpretation of Schedule 1

I8069

In this Schedule “permitted sweetener” (“melysydd a ganiateir”) means any sweetener in so far as its use is permitted in a regulated product by Regulation (EC) No 1333/2008.

Annotations:
Commencement Information
I80

Sch. 1 para. 69 in force at 26.3.2018, see reg. 1(3)

I8170

In the case of a regulated product that is listed in Part 1 of the table in Part 1 of this Schedule prepared from a mixture of different kinds of fruit, any reference in these Regulations to a minimum quantity of fruit is to be read as if the minimum quantity specified for the relevant kinds of fruit were reduced in proportion to the relative quantities of the kinds of fruit used to manufacture the product.

Annotations:
Commencement Information
I81

Sch. 1 para. 70 in force at 26.3.2018, see reg. 1(3)

SCHEDULE 2Authorised additional ingredients for regulated products that are listed in Part 1 of the table in Part 1 of Schedule 1

Regulation 2(1)

I821

The following additional ingredients may be used in the manufacture of a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1—

a

liquid pectin;

b

spirits, wine and liqueur wine, nuts, aromatic herbs, spices, vanilla and vanilla extracts;

c

vanillin;

d

any substance permitted pursuant to Regulation (EC) No 1333/2008.

Annotations:
Commencement Information
I82

Sch. 2 para. 1 in force at 26.3.2018, see reg. 1(3)

I832

The following additional ingredients may be used in the manufacture of a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1 to the extent stated below—

a

honey, as a total or partial substitute for sugar;

b

edible oils and fats as anti-foaming agents.

Annotations:
Commencement Information
I83

Sch. 2 para. 2 in force at 26.3.2018, see reg. 1(3)

SCHEDULE 3Authorised treatments for regulated products that are listed in Part 1 of the table in Part 1 of Schedule 1

Regulation 2(1)

I841

Fruit, fruit pulp, fruit purée and aqueous extracts of fruit may be—

a

heated, chilled or frozen;

b

freeze-dried; or

c

concentrated, to the extent that is technically possible.

Annotations:
Commencement Information
I84

Sch. 3 para. 1 in force at 26.3.2018, see reg. 1(3)

I852

Except when used for the manufacture of extra jam or extra jelly, fruit, fruit pulp, fruit purée and aqueous extracts of fruit may be treated using sulphur dioxide (E 220) or its salts (E 221, E 222, E 223, E 224, E 226 and E 227) as an aid to manufacture, provided that the maximum sulphur dioxide content laid down in Regulation (EC) No 1333/2008 is not exceeded.

Annotations:
Commencement Information
I85

Sch. 3 para. 2 in force at 26.3.2018, see reg. 1(3)

I863

Apart from being freeze-dried, apricots and plums used in the manufacture of jam may also be treated by any other drying process.

Annotations:
Commencement Information
I86

Sch. 3 para. 3 in force at 26.3.2018, see reg. 1(3)

I874

Citrus peel may be preserved in brine.

Annotations:
Commencement Information
I87

Sch. 3 para. 4 in force at 26.3.2018, see reg. 1(3)

I89SCHEDULE 4Ambulatory references

Regulation 2(3)

Annotations:
Commencement Information
I89

Sch. 4 in force at 26.3.2018, see reg. 1(3)

The EU instruments referred to in regulation 2(3) are—

a

b

c

Regulation (EC) No 1924/2006;

d

Regulation (EC) No 1333/2008;

e

Regulation (EU) No 1169/2011.

I90SCHEDULE 5Application and modifications of provisions of the Act

Regulation 10

Annotations:
Commencement Information
I90

Sch. 5 in force at 26.3.2018, see reg. 1(3)

Column 1

Provision of the Act

Column 2

Modifications

Section 3 (presumptions that food intended for human consumption)

In subsection (1), for “this Act” substitute “the Jam and Similar Products (Wales) Regulations 2018”.

Section 10(1) and (2) (improvement notices)

For subsection (1) (improvement notices) substitute—

1

f an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with any of regulations 4 to 8 of the Jam and Similar Products (Wales) Regulations 2018, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—

1

state the officer’s grounds for believing that the person is failing to comply with the relevant regulation;

b

specify the matters which constitute the person’s failure so to comply;

c

specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and

d

require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.

Section 20 (offences due to fault of another person)

For “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018”.

Section 21(1) and (5) (defence of due diligence)

In subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018”.

Section 30(8) (analysis etc. of samples)

For “this Act” substitute “the Jam and Similar Products (Wales) Regulations 2018”.

In paragraph (a) omit “under subsection (6) above”.

Section 33 (obstruction etc. of officers)

In subsection (1), for “this Act” (in each place where it occurs) substitute “the Jam and Similar Products (Wales) Regulations 2018”.

Section 35(1)12 and (2)13 (punishment of offences)

In subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 10 of, and Schedule 5 to, the Jam and Similar Products (Wales) Regulations 2018,”.

After subsection (1), insert—

1A

A person guilty of an offence under section 10(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018, is liable, on summary conviction, to a fine.

(f) In subsection (2), for “any other offence under this Act”, substitute “an offence under section 33(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018,

Section 36 (offences by bodies corporate)

In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018,”.

Section 36A14 (offences by Scottish partnerships)

For “this Act” substitute “section 10(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018,”.

Section 37(1) and (6) (appeals to magistrates’ court)

For subsection (1) substitute—

1

Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018, may appeal to a magistrates’ court.

In subsection (6)—

(a) for “(3) or (4)” substitute “(1)”, and

(b) in paragraph (a), omit “or to the sheriff”.

Section 39 (appeals against improvement notices)

For subsection (1) substitute—

1

On an appeal against a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018, the magistrates’ court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.

In subsection (3), omit “for want of prosecution”.

Section 44 (protection of officers acting in good faith)

For “this Act” (in each place where it occurs) substitute “the Jam and Similar Products (Wales) Regulations 2018”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, provide for the continuing implementation of Council Directive 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption (OJ No L 10, 12.1.2002, p. 67). They also retain existing national measures relating to curds, lemon cheese and mincemeat. The Regulations revoke and replace the Jam and Similar Products (Wales) Regulations 2004 (S.I. 2004/553 (W. 56)).

Regulation 4 and Schedule 1 regulate the use of the names “jam”, “extra jam”, “jelly”, “extra jelly”, “marmalade”, “jelly marmalade”, “sweetened chestnut purée”, “curd”, “lemon cheese” and “mincemeat”. Subject to an exception, those names may only be used if the requirements in the relevant part of Schedule 1 are met by the product.

The Regulations also require particulars to be indicated in relation to jam, extra jam, jelly, extra jelly, marmalade, jelly marmalade and sweetened chestnut purée. Regulation 5 requires the product name to indicate the kinds of fruits used to manufacture the product, regulation 6 requires the labelling of the product to indicate its fruit content, regulation 7 requires the labelling of the product to indicate its total sugar content, and regulation 8 makes provision in relation to residual sulphur dioxide.

Regulation 9 imposes an obligation on food authorities to enforce the Regulations.

Regulation 10 and Schedule 5 apply certain provisions of the Food Safety Act 1990, with modifications. This includes the application, with modifications, of section 10(1), enabling an improvement notice to be served to require compliance with specified provisions of these Regulations, and the application of section 10(2), making the failure to comply with an improvement notice an offence.

Regulation 11 revokes the Jam and Similar Products (Wales) Regulations 2004 and makes a consequential revocation of a provision in the Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.