# The Fruit Juices and Fruit Nectars (Wales) Regulations 2013

        - Previous
        - Next

E+W

Welsh Statutory Instruments

# 2013 No. 2750 (W. 267)

Food, Wales

# The Fruit Juices and Fruit Nectars (Wales) Regulations 2013

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 1972 F1 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 designated F2 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 1990 F3, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A)                           F4 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 safety F5.                        

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

paragraph 1A of Schedule 2 to the European Communities Act 1972 F6, so far as relating to regulation 3(3) and Schedule 1;                                    

section 4(1), (2), (3), (4) and (8) and section 10 of the Healthy Eating in Schools (Wales) Measure 2009 F7so far as relating to—                                    

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

paragraph 2 of Schedule 15; and

sections 6(4) F8, 16(1)(a) and (e), 17(1), 26(1)(a) and (3) F9 and 48(1) F10 of the Food Safety Act 1990, now vested in the Welsh Ministers F11, so far as relating to the other provisions of these Regulations.                                    

F11972 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).

F2S.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).

F31990 c. 16.

F4Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).

F5OJ 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).

F6Paragraph 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.

F72009 nawm 3.

F8Section 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.

F9Section 26(3) was partially repealed by Schedule 6 to the Food Standards Act 1999.

F10Section 48(1) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999.

F11Functions 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).

## Title, application, commencement and expiryE+W

1.—(1) The title of these Regulations is the Fruit Juices and Fruit Nectars (Wales) Regulations 2013 and they apply in relation to                     Wales.                  

(2) These Regulations come into force on 20 November 2013.

(3) Regulation 15 ceases to have effect on 13 December 2014.

## Definitions of “fruit juice” and similar productsE+W

2.—(1) In these Regulations “fruit juice” (“*sudd ffrwythau*”) means (unless the context otherwise requires) a product that complies with the specification in Schedule 2.                  

(2) In these Regulations—

(a)“fruit juice from concentrate” (“*sudd ffrwythau o ddwysfwyd*”) means a product that complies with the specification in Schedule 3;                  

(b)“concentrated fruit juice” (“*sudd ffrwythau wedi ei ddwysï¿1⁄2u*”) means a product that complies with the specification in Schedule 4;                  

(c)“water extracted fruit juice” (“*sudd ffrwythau y tynnwyd dŵr ohono*”) means a product that complies with the specification in Schedule 5; and                  

(d)“dehydrated fruit juice” (“*sudd ffrwythau dadhydredig*”) or “powdered fruit juice” (“*sudd ffrwythau powdr*”) means a product that complies with the specification in Schedule 6.                  

(3) In these Regulations “fruit nectar” (“*neithdar ffrwythau*”) means a product that complies with the specification in Schedule 7.                  

## General interpretationE+W

3.—(1) In these Regulations—                  

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

“authorised additional ingredient” (“*cynhwysyn ychwanegol awdurdodedig*”) means an additional ingredient listed in Schedule 8;                  

“authorised additional substance” (“*sylwedd ychwanegol awdurdodedig*”) means an additional substance listed in Schedule 9;                  

“authorised treatment” (“*triniaeth awdurdodedig*”) means a treatment listed in Schedule 10;                  

“concentrated fruit purï¿1⁄2e” (“*piwrï¿1⁄2 ffrwythau wedi ei ddwysï¿1⁄2u*”) means the product obtained from fruit purï¿1⁄2e by the removal of a specific proportion of its water content, and in respect                     of which, if flavour has been restored to it, such flavour has been recovered from the same species of fruit;                  

“Directive 2001/112/EC” (“*Cyfarwyddeb 2001/112/EC*”) means Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption F12;                  

“flavour” (“*blas*”), except in paragraph 1 of Schedule 2 and Part 2 of Schedule 7, means flavour for restoration—                  

that is obtained during the processing of fruit by applying suitable physical processes (including squeezing, extraction,                              distillation, filtration, adsorption, evaporation, fractionation and concentration) to obtain, retain, preserve or stabilise                              the flavour quality, and                           

that is cold-pressed oil from citrus peel or compounds from the stones of fruit or obtained from the edible parts of the fruit                              ;                           

“fruit” (“*ffrwyth*”, “*ffrwythau*”) means any kind of fruit (including tomatoes) that is sound, appropriately mature and fresh or preserved by—                  

physical means, or

a treatment, including a post-harvest treatment;

“fruit purï¿1⁄2e” (“*piwrï¿1⁄2 ffrwythau*”) means the fermentable but unfermented product obtained by suitable physical processes such as sieving, grinding or milling                     the edible part of whole or peeled fruit without removing the juice;                  

“honey” (“*mï¿1⁄2l*”) has the meaning given in point 1 of Annex I to Council Directive 2001/110/EC relating to honey F13;                  

“in trade” (“*mewn masnach*”) has the same meaning as in Directive 2001/112/EC and cognate expressions are to be construed accordingly;                  

“pulp or cells” (“*mwydion neu gelloedd*”) means—                  

in respect of citrus fruit, the juice sacs obtained from the endocarp, or

in respect of any other fruit, the products obtained from the edible parts of the fruit without removing the juice;

“Regulation 1935/2004” (“*Rheoliad 1935/2004*”) means Regulation (EC) No 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing                     Directives 80/590/EEC and 89/109/EECF14;                  

“Regulation 1333/2008” (“*Rheoliad 1333/2008*”) means Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives F15;                  

“regulated product” (“*cynnyrch rheoleiddiedig*”) means any of the following—                  

a fruit juice;

a fruit juice from concentrate;

a concentrated fruit juice;

a water extracted fruit juice;

a dehydrated fruit juice;

a powdered fruit juice;

a fruit nectar; and

“sugars” (“*siwgrau*”) means any of the following—                  

sugars as defined by Council Directive 2001/111/EC relating to certain sugars intended for human consumption F16;                           

fructose syrup;

sugars derived from fruits.

(2) Any other expression not defined in these Regulations and used in these Regulations and Directive 2001/112/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 1 is a reference to that instrument as amended                     from time to time.                  

F12OJ No. L 10, 12.1.2002, p.58, last amended by Directive 2012/12/EU of the European Parliament and of the Council (OJ No. L                              115, 27.4.2012, p.1).

F13OJ No. L 10, 12.1.2002, p.47, as read with the corrigendum published in OJ No L 52, 21.2.2007, p.16.

F14OJ No. L 338, 13.11.2004, p.4, 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).

F15OJ No L 354, 31.12.2008, p.16, last amended by Commission Regulation (EU) No 913/2013 (OJ No. L 252, 24.9.2013, p.11).

F16OJ No. L 10, 12.1.2002, p.53, to which there are corrigenda not relevant to the English version of the Directive.

## Use of the name fruit juiceE+W

4.—(1) A person trading in a fruit juice must use the name “[x] juice” as the name of the product with the relevant name of the fruit                     from which the juice comes substituting “[x]” in accordance with regulation 10.                  

(2) But paragraph (1) does not prevent a name listed in column 2 of Schedule 11 being used as the name of a fruit juice provided                     that—                  

(a)the name is in the language provided for in column 2 of that Schedule, and                  

(b)the fruit juice meets the requirements of the corresponding product description in column 3 of that Schedule.                  

(3) A person must not use the name “fruit juice”, or “juice” together with the name of a fruit, in trade, as the name of a product                     if the product is not fruit juice.                  

## Use of the name fruit juice from concentrateE+W

5.—(1) A person trading in a fruit juice from concentrate must use the name “[x] juice from concentrate” as the name of the product                     with the relevant name of the fruit from which the juice comes substituting “[x]” in accordance with regulation 10.                  

(2) A person must not use the name “fruit juice from concentrate”, or “juice from concentrate” together with the name of a fruit,                     in trade, as the name of a product if the product is not fruit juice from concentrate.                  

## Use of the name concentrated fruit juiceE+W

6.—(1) A person trading in a concentrated fruit juice must use the name “concentrated [x] juice” as the name of the product with                     the relevant name of the fruit from which the juice comes substituting “[x]” in accordance with regulation 10.                  

(2) A person must not use the name “concentrated fruit juice”, or “concentrated juice” together with the name of a fruit, in trade,                     as the name of a product if the product is not concentrated fruit juice.                  

## Use of the name water extracted fruit juiceE+W

7.—(1) A person trading in a water extracted fruit juice must use the name “water extracted [x] juice” as the name of the product                     with the relevant name of the fruit from which the juice comes substituting “[x]” in accordance with regulation 10.                  

(2) A person must not use the name “water extracted fruit juice”, or “water extracted juice” together with the name of a fruit,                     in trade, as the name of a product if the product is not water extracted fruit juice.                  

## Use of the name dehydrated fruit juice and powdered fruit juiceE+W

8.—(1) A person trading in a product that complies with the specifications in Schedule 6 must use the name “dehydrated [x] juice”                     or “powdered [x] juice” as the name of the product with the relevant name of the fruit from which the juice comes substituting                     “[x]” in accordance with regulation 10.                  

(2) A person must not use the name “dehydrated fruit juice” or “powdered fruit juice”, or “dehydrated juice” or “powdered juice”                     together with the name of a fruit, in trade, as the name of a product if the product does not comply with the specifications                     in Schedule 6.                  

## Use of the name fruit nectarE+W

9.—(1) A person trading in a fruit nectar must use the name “[x] nectar” as the name of the product with the relevant name of the                     fruit from which the nectar comes substituting “[x]” in accordance with regulation 10.                  

(2) But paragraph (1) does not prevent a name listed in column 2 of Schedule 12 being used as the name of a fruit nectar provided                     that—                  

(a)the name is in the language provided for in column 2 of that Schedule, and                  

(b)the fruit nectar meets the requirements of any corresponding product description in column 3 of that Schedule.                  

(3) A person must not use the name “fruit nectar”, or “nectar” together with the name of a fruit, in trade, as the name of a product                     if the product is not fruit nectar.                  

## Indication of kinds of fruits usedE+W

10.—(1) A person must not trade in a regulated product unless the name of the product indicates the kinds of fruit from which it has                     come in accordance with paragraphs (2) to (7).                  

(2) If a regulated product is manufactured from a single kind of fruit, the name of that fruit must substitute “[x]” in the product                     name.                  

(3) If a regulated product is manufactured from two kinds of fruit (excluding the use of one or more of lemon juice, lime juice,                     concentrated lemon juice and concentrated lime juice in accordance with paragraph 3 of Schedule 8), a list of the names of                     the fruits used must substitute the “ [x] ” in the product name.                  

(4) If a regulated product is manufactured from three or more kinds of fruit (excluding the use of one or more of lemon juice,                     lime juice, concentrated lemon juice and concentrated lime juice in accordance with paragraph 3 of Schedule 8), the “[x]”                     in the product name must be substituted by—                  

(a)a list of the names of the fruits used;                  

(b)the words “several fruits” or similar wording; or                  

(c)the number of kinds of fruit used.                  

(5) For the purposes of paragraph (3) and (4)(a), the list of the names of the fruits must be set out in descending order by volume                     of the juices or purï¿1⁄2es included from each kind of fruit, as indicated in the list of ingredients.                  

(6) Where a species of fruit listed in column 2 of Schedule 13 is used in the preparation of a fruit juice, fruit purï¿1⁄2e or fruit                     nectar, the name given as the name of the fruit in the product name in accordance with the requirements of this regulation                     must be—                  

(a)the common name for the fruit specified in column 1 of Schedule 13, or                  

(b)the botanical name for the fruit specified in column 2 of Schedule 13.                  

(7) In the case of any other species of fruit used in the preparation of a fruit juice, fruit purï¿1⁄2e or fruit nectar, the name                     given as the name of the fruit in the product name in accordance with the requirements of this regulation must be—                  

(a)the common name for the fruit, or                  

(b)the botanical name for the fruit.                  

(8) In this regulation any reference to the “[x]” in a product name must be construed taking into account the provisions relating to product names in regulations 4 to 9.                  

## Indication of added extra pulp and cellsE+W

11.—(1) A person must not trade in a fruit juice to which there has been added extra pulp or cells unless its labelling indicates                     such addition.                  

(2) In paragraph (1), “fruit juice” (“*sudd ffrwythau*”) has the same meaning as in the second sub-paragraph of point 5 of Article 3 of Directive 2001/112/EC.                  

## Labelling of a fruit juice partially made from concentrateE+W

12.—(1) A person must not trade in a fruit juice that contains a mixture of fruit juice and fruit juice from concentrate unless its                     labelling bears the words “partially from concentrate” or, as the case may be, “partially from concentrates”.                  

(2) The wording required by paragraph (1) must appear close to the product name in characters that are clearly visible and stand                     out well from the background against which it appears.                  

## Labelling of concentrated fruit juice not intended for delivery to the final consumerE+W

13.  A person must not trade in a concentrated fruit juice that is not intended for delivery to the final consumer unless it indicates                     on its packaging, on a label attached to its packaging or in an accompanying document, of the presence and quantity in it                     of any of the following—                  

(a)added lemon juice,                  

(b)added lime juice,                  

(c)acidifying agents permitted by Regulation 1333/2008.                  

## Labelling of a fruit nectarE+W

14.—(1) A person must not trade in a fruit nectar unless the labelling of the product complies with paragraphs (2) to (8).                  

(2) The labelling of a fruit nectar must indicate the minimum content of fruit juice, fruit purï¿1⁄2e or mixture of fruit juice                     and fruit purï¿1⁄2e that it contains, using the words “fruit content: [x]% minimum” with the appropriate figure being substituted                     for “[x]”.                  

(3) The wording required by paragraph (2) must be located in the same field of vision as the product name.

(4) The labelling of a fruit nectar obtained wholly from one or more concentrated products must bear the words “from concentrate”                     or, as the case may be, “from concentrates”.                  

(5) The labelling of a fruit nectar obtained partly from one or more concentrated products must bear the words “partially from                     concentrate” or, as the case may be, “partially from concentrates”.                  

(6) The wording required by paragraphs (4) and (5) must appear close to the product name in characters that are clearly visible                     and stand out well from the background against which it appears.                  

(7) A claim stating that sugars have not been added to a fruit nectar, or any claim likely to have the same meaning for the consumer,                     may not be made unless the product does not contain any added monosaccharides or disaccharides or any other food used for                     its sweetening properties, including sweeteners as defined in Regulation 1333/2008.                  

(8) Where a claim stating that sugars have not been added to a fruit nectar, or any claim likely to have the same meaning for                     the consumer, is made and sugars are naturally present in the fruit nectar, the words “contains naturally occurring sugars”                     must also appear on the label.                  

## Manner of marking or labellingE+W

15.—(1) Regulations 35(1), 36(1), (5) and 38 of the Food Labelling Regulations 1996 F17 (which relate to the manner of marking or labelling of food) apply to the particulars with which a regulated product is required                     to be marked or labelled by the provisions of these Regulations listed in paragraph (2).                  

(2) The provisions are—

(a)regulation 10(1);                  

(b)regulation 11(1);                  

(c)regulation 12(1);                  

(d)regulation 13;                  

(e)regulation 14(1), as read with regulation 14(2), (4), (5) and (8).                  

F17S.I 1996/1499, relevant amending instruments are S.I. 1999/747, 2000/1925 (W.134), and 2001/1232 (W.66).

## EnforcementE+W

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

## Improvement notice – application of subsections (1) and (2) of section 10 of the ActE+W

17.—(1) Subsections (1) and (2) of section 10 of the Act (improvement notices) apply for the purposes of these Regulations with the                     following modifications.                  

(2) For subsection (1), substitute—

“(1)If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply                        with a provision of the Fruit Juices and Fruit Nectars (Wales) Regulations 2013 specified in subsection (1A), the authorised                        officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—                  

(a)state the officer's grounds for believing that the person is failing to comply with the relevant provision;                  

(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.                  

(1A)The provisions are—                  

(a)regulation 4(1), as read with regulation 4(2);                  

(b)regulation 4(3);                  

(c)regulation 5(1) or (2);                  

(d)regulation 6(1) or (2);                  

(e)regulation 7(1) or (2);                  

(f)regulation 8(1) or (2);                  

(g)regulation 9(1), as read with regulation 9(2);                  

(h)regulation 9(3);                  

(i)regulation 10(1);                  

(j)regulation 11(1);                  

(k)regulation 12;                  

(l)regulation 13;                  

(m)regulation 14(1);                  

(n)regulation 15.”.                  

## Appeal against improvement notice – application of subsections (1) and (6) of section 37, and section 39, of the ActE+W

18.—(1) Subsections (1) and (6) of section 37 of the Act (appeals) apply for the purposes of these Regulations with the following                     modifications—                  

(a)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 17 of the Fruit Juices and Fruit Nectars (Wales) Regulations 2013,                        may appeal to the magistrates' court.”; and                  

(b)in subsection (6) for “(3) or (4)”, substitute “ (1) ”.                  

(2) Section 39 of the Act (appeals against improvement notices) applies for the purposes of these Regulations with the following                     modifications—                  

(a)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 17 of the Fruit Juices and Fruit Nectars (Wales) Regulations 2013, the                        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.”; and                  

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

## Application of other provisions of the ActE+W

19.  The provisions of the Act specified in column 1 of Schedule 14 apply with the modifications specified in column 2 of that                     Schedule for the purposes of these Regulations.                  

## RevocationsE+W

20.—(1) The following Regulations are revoked—                  

(a)the Fruit Juices and Fruit Nectars (Wales) Regulations 2003 F18;                  

(b)the Fruit Juices and Fruit Nectars (Wales) (Amendment) Regulations 2011 F19.                  

(2) Regulation 9 of the Food Enzymes (Wales) Regulations 2009 F20 is revoked.                  

F18S.I. 2003/3041 (W. 286) relevant amending instruments are S.I. 2009/.3377 (W.299), and S.I. 2011/700 (W. 107).

F19S.I. 2011/700 (W. 107).

F20S.I. 2009/3377 (W.299).

## Consequential amendmentsE+W

21.  Schedule 15 has effect.                  

## Transitional provisionsE+W

22.—(1) An authorised officer of an enforcement authority must not serve an improvement notice under section 10(1) of the Act, as                     applied and modified by regulation 17, before 28th April 2015 if—                  

(a)the improvement notice would relate to food that was placed on the market or labelled, before 28 October 2013, and                  

(b)the matters constituting the alleged contravention would not have constituted an offence under the Fruit Juices and Fruit                        Nectars (Wales) Regulations 2003 as they stood immediately before 28 October 2013.                  

(2) Before 28 October 2016, the following statement may appear on the label of a fruit juice, a fruit juice from concentrate,                     a concentrated fruit juice, a water extracted fruit juice or a dehydrated or powdered fruit juice, in the same field of vision                     as the name of the product—                  

“from 28 April 2015 no fruit juices contain added sugars”F21.                  

F21As regards the 28 April 2015 date in the statement,*see* the corrigendum correcting Article 3(2) of Directive 2012/12/EU published in OJ L 31, 31.1.2013, p.83.

Mark Drakeford

 Minister for Health and Social Services, one of the Welsh Ministers”

 Regulation 3(3)

## SCHEDULE 1E+WAmbulatory references

### 

The EU instruments that must be construed as amended from time to time are—

(a)Council Directive 98/83/EC on the quality of water intended for human consumption F22;                  

(b)Council Directive 2001/110/EC;                  

(c)Council Directive 2001/111/EC;                  

(d)Directive 2001/112/EC;                  

(e)Regulation 1935/2004;                  

(f)Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to                        foods F23;                  

(g)Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97F24; and                  

(h)Regulation 1333/2008.                  

 Regulation 2(1)

## SCHEDULE 2E+WSpecification for fruit juice

1.  Fruit juice is the fermentable but unfermented product obtained from the edible part of fruit which is sound and ripe, fresh                     or preserved by chilling or freezing of one or more kinds mixed together having the characteristic colour, flavour and taste                     typical of the juice of the fruit from which it comes.E+W

2.  As well as the ingredient mentioned in paragraph 1, and subject to entries 4 and 7 of Schedule 11, the product may contain                     any of the following—E+W

(a)an authorised additional ingredient;

(b)an authorised additional substance;

(c)restored flavour, pulp and cells (or any one or more of them) obtained by suitable physical means from the same species of                        fruit;

(d)in the case of grape juice, restored salts of tartaric acids; and

(e)in the case of tomato juice, salt, spices and aromatic herbs.

3.  In the case of citrus fruits, except for lime, the fruit juice must come from the endocarp.E+W

4.  In the case of lime juice, the fruit juice must come from the endocarp or the whole fruit.E+W

5.  Where a juice is processed from a fruit with pips, seeds and peel, parts or components of pips, seeds and peel must not be                     incorporated in the juice.E+W

6.  Paragraph 5 does not apply in a case where parts or components of pips, seeds and peel cannot be removed by good manufacturing                     practices.E+W

7.  Fruit juice may be mixed with fruit purï¿1⁄2e in the production of the fruit juice.E+W

8.  No treatment, except for an authorised treatment, may be used in the manufacture of a product.E+W

9.  The Brix level of the product must be the Brix level of the juice as extracted from the fruit and must not be modified, except                     by blending with the juice of the same species of fruit.E+W

 Regulation 2(2)(a)

## SCHEDULE 3E+WSpecification for fruit juice from concentrate

1.  Fruit juice from concentrate is the product obtained by reconstituting concentrated fruit juice with potable water that meets                     the criteria set out in Council Directive 98/83/EC.E+W

2.  In a case where a fruit juice from concentrate is manufactured from a fruit specified in column 2 of Schedule 13, the soluble                     solids content of the finished product must have a Brix level of at least the level specified in the corresponding entry in                     column 3 of that Schedule, as read together with the Notes to that Schedule.E+W

3.  In a case where a fruit juice from concentrate is manufactured from a fruit that is not specified in column 2 of Schedule                     13, the soluble solids content of the finished product must have a Brix level of the juice as extracted from the fruit used                     to make the concentrate.E+W

4.  The product must be prepared by suitable processes that maintain the essential physical, chemical, organoleptical and nutritional                     characteristics of an average type of juice of the fruit from which it comes.E+W

5.  In the production of the product, concentrated fruit juice, or both fruit juice and concentrated fruit juice, may be mixed                     with—E+W

(a)fruit purï¿1⁄2e;

(b)concentrated fruit purï¿1⁄2e; or

(c)both fruit purï¿1⁄2e and concentrated fruit purï¿1⁄2e.

6.  As well as the ingredients mentioned in paragraphs 1 and 5, the product may contain any of the following—E+W

(a)an authorised additional ingredient;

(b)an authorised additional substance;

(c)restored flavour, pulp and cells (or any one or more of them) obtained by suitable physical means from the same species of                        fruit; and

(d)in the case of tomato juice from concentrate, salt, spices and aromatic herbs.

7.  No treatment, except for an authorised treatment, may be used in the manufacture of a product.E+W

8.  Any reference to a Brix level in this Schedule is a reference to the Brix level of a juice exclusive of the soluble solids                     of any added optional ingredients and additives.E+W

 Regulation 2(2)(b)

## SCHEDULE 4E+WSpecification for concentrated fruit juice

1.  Concentrated fruit juice is the product obtained from fruit juice of one or more fruit species by the physical removal of                     a specific proportion of its water content.E+W

2.  Where the product is intended for direct consumption, the proportion of water content removed must be at least 50%.E+W

3.  As well as the ingredients mentioned in paragraph 1, the product may contain any of the following—E+W

(a)an authorised additional ingredient;

(b)an authorised additional substance; and

(c)restored flavour, pulp and cells (or any one or more of them) obtained by suitable physical means from the same species of                        fruit.

4.  No treatment, except for an authorised treatment, may be used in the manufacture of a product.E+W

 Regulation 2(2)(c)

## SCHEDULE 5E+WSpecification for water extracted fruit juice

1.  Water extracted fruit juice is the product obtained by diffusion with water of—E+W

(a)pulpy whole fruit whose juice cannot be extracted by any physical means; or

(b)dehydrated whole fruit.

2.  As well as the ingredients mentioned in paragraph 1, the product may contain either, or both, of the following—E+W

(a)an authorised additional ingredient; and

(b)an authorised additional substance.

3.  No treatment, except for an authorised treatment, may be used in the manufacture of a product.E+W

 Regulations 2(2)(d)

## SCHEDULE 6E+WSpecification for dehydrated fruit juice and powdered fruit juice

1.  Dehydrated fruit juice or powdered fruit juice is the product obtained from fruit juice of one or more fruit species by the                     physical removal of virtually all of its water content.E+W

2.  As well as the ingredients mentioned in paragraph 1, the product may contain either, or both, of the following—E+W

(a)an authorised additional ingredient; and

(b)an authorised additional substance.

3.  No treatment, except for an authorised treatment, may be used in the manufacture of a product.E+W

 Regulation 2(3)

## SCHEDULE 7E+WSpecification for fruit nectar

### **PART 1**E+WGeneral specification for fruit nectar

1.  Fruit nectar is the fermentable but unfermented product that is obtained by adding water to a juice listed in paragraph 2                     either with or without one or both of the substances listed in paragraph 3.E+W

2.  The juices are—E+W

(a)fruit juice;

(b)fruit juice from concentrate;

(c)concentrated fruit juice;

(d)water extracted fruit juice;

(e)dehydrated fruit juice;

(f)powdered fruit juice;

(g)fruit purï¿1⁄2e;

(h)concentrated fruit purï¿1⁄2e; or

(i)any mixture of the products mentioned in subparagraphs (a) to (h).

3.  The substances are—E+W

(a)sugars, and

(b)honey.

4.  The amount of sugars or honey, or sugars and honey, added to the product in accordance with paragraph 1 must not exceed 20%                     of the total weight of the finished product.E+W

5.  The product must contain the minimum content of fruit juice, fruit purï¿1⁄2e, or a mixture of such juice and purï¿1⁄2e, specified                     in Part 2.E+W

6.  Where the product is manufactured without added sugar or with reduced energy value, sugars may be replaced wholly or partially                     by sweeteners in accordance with the requirements of Regulation 1333/2008.E+W

7.  As well as the ingredients mentioned in paragraphs 1, 2, 3, 5 and 6, the product may contain any of the following—E+W

(a)an authorised additional ingredient;

(b)an authorised additional substance;

(c)restored flavour, pulp and cells (or any one or more of them) obtained by suitable physical means from the same species of                        fruit; and

(d)sweeteners (which may be added in addition to any sugar or honey added in accordance with paragraph 1 as read with paragraph                        3).

8.  No treatment, except for an authorised treatment, may be used in the manufacture of a product.E+W

### **PART 2**E+WMinimum juice and purï¿1⁄2e content of fruit nectars

 Regulation 3(1)

## SCHEDULE 8E+WAuthorised additional ingredients

1.  Any vitamin or mineral authorised in accordance with Regulation (EC) No 1925/2006.E+W

2.  Any food additive authorised in accordance with Regulation 1333/2008.E+W

3.  Any one or more of the following juices (expressed as anhydrous citric acid) added for the purpose of regulating acidic taste                     if the total amount of such added juice does not exceed 3 grams per litre of the product—E+W

(a)lemon juice;

(b)lime juice;

(c)concentrated lemon juice;

(d)concentrated lime juice.

 Regulation 3(1)

## SCHEDULE 9E+WAuthorised additional substances

1.  The following enzyme preparations meeting the requirements of Regulation (EC) No 1332/2008—E+W

(a)pectinases, for the breakdown of pectin;

(b)proteinases, for the breakdown of proteins; and

(c)amylases, for the breakdown of starch.

2.  Edible gelatine.E+W

3.  Tannins.E+W

4.  Silica sol.E+W

5.  Charcoal.E+W

6.  Nitrogen.E+W

7.  Bentonite as an adsorbent clay.E+W

8.  Chemically inert filtration aids and precipitation agents, including perlite, washed diatomite, cellulose, insoluble polyamide,                     polyvinylpolypyrrolidone, and polystyrene, which comply with Regulation 1935/2004.E+W

9.  Chemically inert adsorption aids which comply with Regulation 1935/2004 and which are used to reduce the limonoid and naringin                     content of citrus juice without significantly affecting the limonoid glucosides, acid, sugars (including oligosaccharides)                     or mineral content of such juice.E+W

 Regulation 3(1)

## SCHEDULE 10E+WAuthorised treatments

1.  Mechanical extraction processes.E+W

2.  The usual physical processes, including in-line water extraction (diffusion) of the edible part of the fruit (except in-line                     water extraction (diffusion) in relation to grapes used in the manufacture of a concentrated fruit juice), if the juice obtained                     in this way complies with—E+W

(a)in the case of fruit juice, the requirements in Schedule 2; and

(b)in the case of fruit juice from concentrate, the requirements in Schedule 3.

3.  In the production of grape juice where sulphitation of the grapes with sulphur dioxide has been used, desulphitation by physical                     means if the total quantity of sulphur dioxide in the finished product does not exceed 10 mg per litre of the juice.E+W

 Regulation 4(2)

## SCHEDULE 11E+WAlternative designations for fruit juice

 Regulation 9(2)

## SCHEDULE 12E+WAlternative designations for fruit nectar

 Regulation 10(6)

## SCHEDULE 13E+WMinimum Brix levels for a fruit juice from concentrate

 Regulation 19

## SCHEDULE 14E+WApplication of other provisions of the Act

F25Section 35(1) is amended by paragraph 42 of Schedule 26 to the Criminal Justice Act 2003 (c. 44) from a date to be appointed.

F26Section 36A was inserted by paragraph 16 of Schedule 5 to the Food Standards Act 1999.

 Regulation 21

## SCHEDULE 15E+WConsequential amendments

### Amendment of the Food Labelling Regulations 1996E+W

F271.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F27Sch. 15 para. 1 revoked (13.12.2014) by The Food Information (Wales) Regulations 2014 (S.I. 2014/2303), reg. 1(3), **Sch. 6 Pt. 1**

### Amendment of the Healthy Eating in Schools (Nutritional Standards and Requirements)(Wales) Regulations 2013E+W

2.—(1) The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013 F28 are amended as follows.                  

(2) In regulation 2(1) (interpretation), in the definition of “fruit juice” (“*sudd ffrwythau*”), for “Schedule 1 to the Fruit Juices and Fruit Nectars (Wales) Regulations 2003”, substitute “ Schedule 3 to the Fruit Juices and Fruit Nectars (Wales) Regulations 2013 ”.                  

F28S.I.2013/1984 (W.194).

## Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Wales, implement Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption (OJ No. L 10, 12.1.2002, p.58), as last amended by Directive 2012/12/EU (OJ No L 115, 27.4.2012, p.1). They revoke and replace the                        Fruit Juices and Fruit Nectars (Wales) Regulations 2003 (S.I. 2003/3041 (W. 286)), as amended.                     

The Regulations regulate the use of the names fruit juice (regulation 4 and Schedules 2 and 11), fruit juice from concentrate                        (regulation 5 and Schedules 3 and 13), concentrated fruit juice (regulation 6 and Schedule 4), water extracted fruit juice                        (regulation 7 and Schedule 5), dehydrated fruit juice and powdered fruit juice (regulation 8 and Schedule 6) and fruit nectar                        (regulation 9 and Schedules 7 and 12).                     

They lay down what additional ingredients and substances may be added to regulated products (Schedules 8 and 9) and what treatments                        the products may undergo in their manufacture (Schedule 10).                     

They require certain particulars to be indicated when trading in regulated products, including—

a requirement to indicate the kinds of fruits, or (in some cases) the number of kinds of fruits, used to make a regulated                                 product (regulation 10);                              

an indication of whether extra pulp and cells have been added to a fruit juice (regulation 11);

a requirement for a fruit juice made from a mixture of fruit juice and fruit juice from concentrate to indicate that it is                                 partially made from concentrate or concentrates (regulation 12);                              

a requirement to indicate any added lemon juice, lime juice or acidifying agents in a concentrated fruit juice that is not                                 intended for delivery to the final consumer (regulation 13); and                              

various indications for a fruit nectar, including an indication of its fruit content (regulation 14).

The Regulations make provision relating to the manner in which the particulars required by these Regulations should be marked                        or labelled (regulation 15).                     

These Regulations impose an obligation on food authorities to enforce the Regulations (regulation 16).

The Regulations apply with modifications subsections (1) and (2) of section 10 of the Food Safety Act 1990 (1990 c.16), enabling                        an improvement notice to be served to require compliance with specified provisions of these Regulations (regulation 17). The                        provisions, as applied, make the failure to comply with an improvement notice an offence. In addition, the Regulations apply                        with modifications subsections (1) and (6) of section 37, and section 39, of the Food Safety Act 1990 enabling a decision                        to serve an improvement notice to be appealed (regulation 18).                     

The Regulations also apply certain other provisions of the Food Safety Act 1990, with modifications (regulation 19 and Schedule                        14).                     

The Regulations also provide for the revocation of certain legislation (regulation 20), consequential amendments (regulation                        21 and Schedule 15) and transitional provisions (regulation 22).                     

TheWelsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these                        Regulations. As a result, a regulatory assessment has been prepared as to the likely costs and benefits of complying with                        these Regulations. A copy can be obtained from the Food Standards Agency at Food Standards Agency Wales, 11th Floor, Southgate                        House, Wood Street, Cardiff, CF10 1EW or from the Agency's website at www.food.gov.uk/wales.