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The Secretary of State in exercise of the powers conferred on him by sections 16(1)(e), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990[1] and now vested in him[2] and having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after 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[3] and in accordance with section 48(4) and (4B) of the Food Safety Act 1990, makes the following Regulations: Title, application and commencement 1. These Regulations may be cited as the Honey (England) Regulations 2003, apply to England only and come into force on 25th September 2003. 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 Temple and the Middle Temple);
(b) for the purposes of a catering establishment, or (c) for the purposes of a manufacturing business.
(2) Notwithstanding the fact that a food is specified in Column 2 of Schedule 1, it will only be treated as a specified honey product for the purpose of these Regulations -
(ii) there has not been added to it any other ingredient and it is as far as possible free from organic or inorganic matters foreign to its composition.
(3) Any other expression used in both these Regulations and in Directive 2001/110 has the same meaning in these Regulations as in that Directive.
(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; (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 specified honey product.
Labelling and description of specified honey products
(b) in the case of baker's honey the words "intended for cooking only" which words shall appear on the label in close proximity to the product name; (c) the country or countries of origin where the honey has been harvested save that if the honey originates in more than one Member State or third country the country of origin may be replaced with one of the following as appropriate -
(ii) "blend of non-EC honeys", (iii) "blend of EC and non-EC honeys";
(2) No person shall sell to the ultimate consumer or to a catering establishment any filtered honey or baker's honey which is marked or labelled with information relating to floral or vegetable origin, regional, territorial or topographical origin or specific quality criteria.
(b) in the case of export to an EEA State, that the legislation complies with the provisions of Directive 2001/110/EC.
Application of various provisions of the Act
(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; (e) section 22 (defence of publication in the course of a business); (f) section 30(8) (which relates to documentary evidence); (g) section 33(1) (obstruction etc. of officers); (h) section 33(2), with the modification that the reference to "any such requirement as is mentioned in subsection (1)(b) above" shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (g); (i) section 35(1) (punishment of offences), insofar as it relates to offences under section 33(1) as applied by sub-paragraph (g); (j) section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (h); (k) section 36 (offences by bodies corporate); (l) section 44 (protection of officers acting in good faith).
Amendment and revocations
(b) in the Food (Revision of Penalties) Regulations 1985[10], in Part I to Schedule1; (c) in the Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990[11], in Part 1 to Schedule 1, Part I to Schedule 2, Part 1 to Schedule 3 and Schedules 6 and 12; (d) in the Food Safety (Exports) Regulations 1991[12], in Part 1 to Schedule 1; (e) in the Food (Forces Exemptions) (Revocations) Regulations 1992[13], in Part 1 to Schedule 1; (f) in the Miscellaneous Food Additives Regulations 1995[14], in Schedule 9; (g) in the Food Labelling Regulations 1996[15], in Schedule 9.
(3) In the Miscellaneous Food Additives Regulations 1995, in so far as they apply to England, there shall be substituted for the reference to Directive 74/409/EEC in Schedule 6, a reference to Directive 2001/110/EC.
(b) the matters constituting the alleged offence would not have constituted an offence under the Honey Regulations 1976 as they stood immediately before the coming into force of these Regulations.
Note 1: The description "honey" may be used for specified honey products specified in column 2 of items 1a, 1b, 2, 5 and 6 of Schedule 1. Note 2: Where the specified honey product specified in column 2 of item 9 is used as an ingredient in a compound foodstuff, the reserved description "honey" may be used in the product name of that compound foodstuff. Note 3: Except in the case of products specified in column 2 of items 7 and 8 a specified honey product may additionally be described by -
(ii) its regional, territorial or topographical origin, if the product comes entirely from the indicated source; and (iii) its specific quality criteria.
Note 1: When placed on the market as honey or used in any product intended for human consumption, honey must not:
(b) have an artificially changed acidity.
Note 2: No pollen or constituent particular to honey may be removed except where this is unavoidable in the removal of foreign inorganic or organic matter. (This note is not part of the Regulations) These Regulations, which apply to England, implement Council Directive 2001/110/EC concerning honey (OJ No. L10, 12.1.2002, p.48). They revoke and replace the Honey Regulations 1976, as amended, in relation to England. The Regulations -
(b) restrict the use of reserved descriptions to the specified honey products to which they relate (regulation 3); (c) prescribe labelling requirements for such products (regulations 4, 5 and 6); (d) specify a penalty, enforcement authorities and, in accordance with Articles 2 and 3 of Council Directive 89/397/EEC on the official control of foodstuffs (OJ No. L186, 30.6.89, p.23), a defence in relation to exports (regulations 7 and 8); (e) apply various provisions of the Food Safety Act 1990 (regulation 9); (f) revoke the previous Regulations and make consequential amendments and transitional provisions (regulations 10 and 11).
A Regulatory Impact Assessment has been prepared and placed in the Library of each House of Parliament, together with a Transposition Note setting out how the main elements of the European legislation referred to above are transposed in these Regulations. Copies may be obtained from the Food Labelling and Standards Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH. Notes: [1] 1990 c. 16.back [2] Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), and paragraphs 12 and 21 of that Schedule amend respectively sections 17 and 48 of the Food Safety 1990 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as read with section 40(3) of the 1999 Act, and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46), as read with section 40(2) of the 1999 Act. Regulation 13(4) of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 (S.I. 2000/656) expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.back [3] OJ No. L31, 1.2.2002, p.1.back [4] OJ No. L10, 12.1.2002, p.47, as adopted by EEA Joint Committee Decision 99/2002.back [5] OJ No. L1, 3.1.94, p.1.back [6] OJ No. L1, 3.1.94, p.571.back [7] S.I. 1996/1499; the relevant amending instrument is S.I. 1998/1398.back [8] S.I. 1976/1832 as amended by S.I. 1990/2486, S.I. 1991/1476, S.I. 1992/2596 and SI. 1996/1499.back
ISBN 0 11 047434 1
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