Welsh Statutory Instrument 2001 No. 1440 (W.102)

The Coffee Extracts and Chicory Extracts (Wales) Regulations 2001

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© Crown Copyright 2001

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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 now vested in the National Assembly for Wales [2], the National Assembly for Wales, 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:

Citation, commencement and application
1. These Regulations may be cited as the Coffee Extracts and Chicory Extracts (Wales) Regulations 2001, shall come into force on 1st May 2001 and shall apply to Wales.

Interpretation
2.  - (1) In these Regulations - 
 

"the Act" ("y Ddeddf") means the Food Safety Act 1990;

"chicory" ("sicori") means the roots of Cichorium Intybus L., other than the roots of plants used for the production of witloof chicory, and which have been suitably cleaned, dried and roasted;

"chicory extract" ("echdynnyn sicori") means the concentrated product obtained by extraction from roasted chicory using only water as the method of extraction (excluding any process of hydrolysis involving the addition of an acid or a base);

"coffee extract" ("echdynnyn coffi") means the concentrated product obtained by extraction from roasted coffee beans using only water as the medium of extraction (excluding any process of hydrolysis involving the addition of an acid or a base) and which contains only the soluble and aromatic constituents of coffee, apart from those insoluble substances which it is impossible to remove and insoluble oils derived from coffee;

"designated product" ("cynnyrch dynodedig") means any food specified in column 2 of Part I or II of the Schedule (as read with any Note in those columns relating to that food) but does not include any product which contains such a food as an ingredient and which is sold, consigned or delivered as a compound product;

"the 1996 Regulations" ("Rheoliadau 1996") means the Food Labelling Regulations 1996[3];

"reserved description" ("disgrifiad neilltuedig"), as respects any designated product, means any description specified in relation to that product in column 1 of Part I or II of the Schedule and the use of any such description in these Regulations shall be construed as meaning the designated product specified in relation to that description in column 2 of that Part;

"sell" ("gwerthu") includes offer or expose for sale or have in possession for sale, and a "sale" shall be construed accordingly.

    (3) Any reference in these Regulations to the Schedule shall be construed as a reference to the Schedule to these Regulations.

Scope of Regulations
3.  - (1) Subject to paragraph (2) below, these Regulations apply to coffee extracts and chicory extracts which are ready for delivery to the ultimate consumer or to a catering establishment.

    (2) These Regulations do not apply to the product known as café torrefacto soluble.

    (3) In this regulation - 
 

"catering establishment" ("sefydliad arlwyo") means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;

"preparation" ("paratoi") includes manufacture and any form of processing or treatment; and

"ultimate consumer" ("defnyddiwr olaf") means any person who buys otherwise than - 

(a) for the purpose of resale,

(b) for the purposes of a catering establishment, or

(c) for the purposes of a manufacturing business.
 

(a) such food is the designated product to which the reserved description relates;

(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.
 

(a) subject to paragraph (2) below, a reserved description of the product which shall be the name prescribed by law for that product for the purposes of regulation 6(1) of the 1996 Regulations;

(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% 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[4] 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.
 

    (3) The information required by paragraph (1)(b) and (c) above shall be in the same field of vision as the reserved description required by paragraph (1)(a) above.

Manner of marking or labelling
6. Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a designated product is required to be marked or labelled by regulation 5 of these Regulations as if they were particulars with which food is required to be marked or labelled by the 1996 Regulations.

Penalties and enforcement
7.  - (1) If any person contravenes or fails to comply with any of the provisions of these Regulations that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (2) Each food authority shall enforce and execute such provisions in its area.

    (3) The methods used to determine the free and soluble carbohydrate content of coffee extracts shall be in conformity with paragraphs 1 and 2 of the Annex to Council Directive 85/591/EEC [5] concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs for human consumption and shall be validated or standardised.

Transitional provision
8. In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that - 
 

(a) the food concerned was marked or labelled before 13th September 2001, and

(b) the matters constituting the alleged offence would not have constituted an offence under the Coffee and Coffee Products Regulations 1978[6] if those Regulations had been in operation when the food was marked or labelled.
 

Application of various provisions of the Food Safety Act 1990
10. The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations - 
 

(a) section 2 (extended meaning of sale, etc.);

(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).
 

    (2) The following entries relating to the Coffee and Coffee Products Regulations 1978 shall (in so far as the following Regulations apply to Wales), be omitted - 
 

(a) in the Food (Revision of Penalties) Regulations 1982[7], in Schedule 1;

(b) in the Food (Revision of Penalties) Regulations 1985[8], in Schedule 1, Part I;

(c) in the Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990[9], in Schedule 1, Part I, Schedule 2, Schedule 3, Part I and Schedules 6 and 12;

(d) in the Food Safety (Exports) Regulations 1991[10], in Schedule 1, Part I;

(e) in the Food (Forces Exemptions) (Revocations) Regulations 1992[11], in Schedule 1, Part I;

(f) in the Miscellaneous Food Additives Regulations 1995[12], in Schedule 9;

(g) in the 1996 Regulations, regulation 49(7).
 

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[15].
 

D. Elis Thomas
The Presiding Officer of the National Assembly

5th April 2001
 
 

     1. These Regulations, which apply to Wales, 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 Wales.

     2. The Regulations - 
 

(a) prescribe definitions and reserved descriptions for coffee extracts and chicory extracts (regulation 2 and the Schedule);

(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 food bearing a reserved description other than food to which the description relates (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).
 

[1] 1990 c.16.back

[2] Functions of "the Ministers" under the Food Safety Act 1990, 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 (SI 1999 No. 672).back

[3] SI 1996 No. 1499; the relevant amending instrument is SI 1998 No. 1398.back

[4] SI 1976 No. 509; the relevant amending instrument is SI 1982 No. 255.back

[5] OJ No. L372, 31.12.1985, p.50.back

[6] SI 1978 No. 1420; relevant amending instruments are SI 1982 No. 254, 1987 No. 1986, 1990 No. 2486, 1991 No. 1476, 1992 No. 2596, 1995 No. 3187, 1996 No. 1499.back

[7] SI 1982 No. 1727.back

[8] SI 1985 No. 67.back

[9] SI 1990 No. 2486back

[10] SI 1991 No. 1476back

[11] SI 1992 No. 2596.back

[12] SI 1995 No. 3187.back

[13] SI 1982 No. 254.back

[14] SI 1987 No. 1986.back

[15] 1998 c.38.back