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The Secretary of State, in exercise of the powers conferred by sections 16(1)(a) and (e), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990[1] and of all other powers enabling him in that behalf, having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act, makes the following Regulations: Title, commencement and extent 1. These Regulations may be cited as the Coffee Extracts and Chicory Extracts (England) Regulations 2000, shall come into force on 15th January 2001 and shall apply to England. Interpretation 2. - (1) In these Regulations -
(b) the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and the Middle Temple);
(2) All proportions mentioned in these Regulations are proportions calculated by weight and, unless the context otherwise requires, are calculated on the total weight of the product.
(b) for the purposes of a catering establishment, or (c) for the purposes of a manufacturing business.
Reserved descriptions
(b) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food; or (c) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product.
Labelling and description of designated products
(b) the word "decaffeinated" in the case of a product specified in column 2 of Part I of the Schedule which has been subjected to a decaffeination process and in which the residual anhydrous caffeine content does not exceed 0.30 per cent of its coffee-based dry matter content; (c) in the case of a product specified in item 3 of column 2 of Part I or II of the Schedule in which sugar has been used, the words "with X", "preserved with X" "with added X" or "roasted with X", as appropriate, "X" being the name of the sugar product used, which name shall be the reserved description of that product specified in relation thereto in the Specified Sugar Products Regulations 1976[3] or, if the sugar product has no such reserved description, the name of the product which if the sugar product were itself being sold as a food would be used, pursuant to the 1996 Regulations, as the name of the food; (d) in the case of a product specified in item 2 or 3 of column 2 of Part I of the Schedule, a declaration of the minimum coffee-based dry matter content expressed as a percentage; and (e) in the case of a product specified in item 2 or 3 of column 2 of Part II of the Schedule, a declaration of the minimum chicory-based dry matter content expressed as a percentage.
(2) In the case of a product specified in item 3 of column 2 of Part I of the Schedule containing more than 25 per cent coffee-based dry matter and of a product specified in item 3 of column 2 of Part II of the Schedule containing more than 45 per cent chicory-based dry matter, the word "concentrated" may be added to the reserved description.
(b) the matters constituting the alleged offence would not have constituted an offence under the Coffee and Coffee Products Regulations 1978[5] if those Regulations had been in operation when the food was marked or labelled.
Defence in relation to exports
(b) section 3 (presumptions that food is intended for human consumption); (c) section 20 (offences due to fault of another person); (d) section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15 of the Act; (e) section 22 (defence of publication in the course of business); (f) section 30(8) (which relates to documentary evidence); (g) section 33 (obstruction etc. of officers); (h) section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by paragraph (g) above; (i) section 36 (offences by bodies corporate); and (j) section 44 (protection of officers acting in good faith).
Amendments and revocation
(b) in the Food (Revision of Penalties) Regulations 1985[7], in Schedule 1, Part I; (c) in the Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990[8], in Schedule 1, Part I, Schedule 2, Schedule 3, Part I and Schedules 6 and 12; (d) in the Food Safety (Exports) Regulations 1991[9], in Schedule 1, Part I; (e) in the Food (Forces Exemptions) (Revocations) Regulations 1992[10], in Schedule 1, Part I; (f) in the Miscellaneous Food Additives Regulations 1995[11], in Schedule 9; (g) in the 1996 Regulations, regulation 49(7).
(3) The Coffee and Coffee Products Regulations 1978, the Coffee and Coffee Products (Amendment) Regulations 1982[12] and the Coffee and Coffee Products (Amendment) Regulations 1987[13] are hereby revoked (in so far as they apply to England).
(This note is not part of the Regulations) 1. These Regulations, which apply to England, implement Directive 1999/4/EC of the European Parliament and the Council relating to coffee extracts and chicory extracts (OJ No. L66, 13.3.1999, p. 26). They revoke and replace the Coffee and Coffee Products Regulations 1978, as amended, in relation to England. 2. The Regulations -
(b) provide for the Regulations to apply to coffee extracts and chicory extracts ready for delivery to the ultimate consumer or to a catering establishment, except for the product known as café torrefacto soluble (regulation 3); (c) restrict the sale of foods labelled with a reserved description (regulation 4); (d) require reserved descriptions and specified declarations to be applied to designated products, and prescribe the manner of marking or labelling to be employed; certain provisions of the Food Labelling Regulations 1996, which govern the labelling of coffee extracts and chicory extracts except so far as specifically provided for in these Regulations, are applied to these specific requirements (regulations 5 and 6); (e) provide for penalties and enforcement, include a transitional provision, and a defence in relation to exports (in accordance with Articles 2 and 3 of Council Directive 89/397/EEC (OJ No. L186, 30.6.89, p. 23) on the official control of foodstuffs), apply various provisions of the Food Safety Act 1990 and make amendments and revocations (regulations 7 to 11).
3.
A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect that these Regulations would have on business costs, has been prepared and placed in the Library of each House of Parliament. Copies may be obtained from the Food Labelling and Consumer Protection Division of the Food Standards Agency, Ergon House, Horseferry Road, London SW1P 3WG. Notes: [1] 1990 c. 16. Functions formerly exercisable by "the Ministers" are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c. 28) and paragraphs 12 and 21 of that Schedule amend sections 17(1) and 48 of the 1990 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46). Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.back [2] S.I. 1996/1499; the relevant amending instrument is S.I. 1998/1398.back [3] S.I. 1976/509; the relevant amending instrument is S.I. 1982/255.back [4] OJ No. L372, 31.12.1985, p. 50.back [5] S.I. 1978/1420; relevant amending instruments are S.I. 1982/254, 1987/1986, 1990/2486, 1991/1476, 1992/2596, 1995/3187, 1996/1499.back
ISBN 0 11 018984 1
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