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The National Assembly for Wales, in exercise of the powers conferred 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 it[2], having had regard, in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council[3] and in accordance with section 48(4) and (4B) of the said Act, hereby makes the following Regulations: Title, commencement and application 1. These Regulations may be cited as the Specified Sugar Products (Wales) Regulations 2003, shall come into force on 28th November 2003 and shall apply to Wales only. Interpretation 2. In these Regulations -
(b) for the purposes of a catering establishment, or (c) for the purposes of a manufacturing business.
Scope of Regulations
(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 sugar product; or (d) such description, derivative or word is used in a customary name for another food product and is not liable to mislead the consumer.
Labelling and description of specified sugar products
(b) in the case of sugar solution, invert sugar solution and invert sugar syrup, the dry matter and invert sugar content of the product.
Manner of marking or labelling
(b) in the case of export to an EEA State, that the legislation complies with the provisions of Council Directive 2001/111/EC[7] relating to certain sugars intended for human consumption.
Application of various provisions of the Food Safety Act 1990
(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 sections 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(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 that subsection as applied by sub-paragraph (g) above; (i) section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (g) above; (j) section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (h) above; (k) section 36 (offences by bodies corporate); and (l) section 44 (protection of officers acting in good faith).
Revocations and consequential amendments
(b) the Specified Sugar Products (Amendment) Regulations 1982[9].
(2) In the 1996 Regulations (insofar as they apply to Wales) -
(b) in regulation 49 (revocations and amendments), paragraph (2) shall be omitted; (c) in Schedule 3 (generic names in list of ingredients) in the entry relating to glucose syrup there shall be inserted in column 3 (conditions of use of generic name) the following words -
(3) Entries relating to the Specified Sugar Products Regulations 1976 in the provisions of the Regulations set out below shall, insofar as the Regulations apply to Wales, be omitted -
(b) in the Food (Revision of Penalties) Regulations 1985[11], in the Schedule, Part I; (c) in the Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990[12], in Schedule 1, Part I, Schedule 2, Schedule 3, Part I and Schedules 6 and 12; (d) in the Food Safety (Exports) Regulations 1991[13], in Schedule 1, Part I; (e) in the Food (Forces Exemptions) (Revocations) Regulations 1992[14], in the Schedule, Part I; (f) in the Miscellaneous Food Additives Regulations 1995[15], in Schedule 9; (g) in the Miscellaneous Food Additives (Amendment) Regulations 1999[16], in regulation 14(1); (h) in the Miscellaneous Food Additives (Amendment) (Wales) Regulations 2002[17], in regulation 9(2).
(4) In the Colours in Food Regulations 1995[18], insofar as they apply to Wales, in regulation 12 paragraph (2) shall be omitted;
(b) in Schedule 2, in column 1, for the reference to "Directive 73/437/EEC" there is substituted a reference to "Directive 2001/111/EC".
(6) In the Coffee Extracts and Chicory Extracts (Wales) Regulations 2001[19], in regulation 5(1)(c), for the reference to the Specified Sugar Products Regulations 1976 there is substituted a reference to the Specified Sugar Products (Wales) Regulations 2003.
(b) the matters constituting the alleged offence would not have constituted an offence under the Specified Sugar Products Regulations 1976 as those Regulations stood immediately before the coming into force of these Regulations.
Notes: 1. The reserved description "sugar" or "white sugar" may be used as an alternative to the reserved description "extra-white sugar" in the case of the product described at paragraph 3 above. 2. In the case of invert sugar syrup incorporating crystals in the solution the qualifying term "crystallised" shall be added to the description of the product. 3. Where a specified sugar product described at paragraph 7 or 8 above contains fructose in a proportion of greater than 5% on a dry matter basis the reserved description shall be "glucose-fructose syrup" or "fructose-glucose syrup" and "dried glucose-fructose syrup" or "dried fructose-glucose syrup" as the case may be so as to reflect whether the glucose component or the fructose component is in greater proportion. 4. The products described at paragraphs 1 to 11 above may, in addition to the reserved description, also bear commonly used qualifying terms provided that the result is not liable to mislead the consumer. 5. The description "white" may be used in relation to any product described at paragraph 4 above where the colour in solution does not exceed 25 ICUMSA units determined in accordance with the method of the International Commission for Uniform Methods of Sugar Analysis ("ICUMSA") as set out in paragraph 3 of Chapter A of the Annex to Regulation (EEC) No. 1265/69[21]. 6. The description "white" may be used in relation to any of the products described at paragraphs 5 and 6 above where the conductivity ash content does not exceed 0.1% and the colour in solution does not exceed 25 ICUMSA units determined as set out in paragraph 1 of Chapter A of the Annex to Regulation (EEC) No. 1265/69. 7. Specified sugar products may contain any substance permitted pursuant to Council Directive 88/344/EEC on the approximation of the laws of Member States on extraction solvents used in the production of foodstuffs and food ingredients[22] or Council Directive 89/107 on the approximation of the laws of Member States concerning food additives authorised for use in foodstuffs intended for human consumption[23]. 1. The method for determining the loss on drying of semi-white sugar, sugar or white sugar and extra-white sugar is Method 1. 2. The method of determining the colour type of sugar or white sugar and extra-white sugar is the method of the Brunswick Institute for Agricultural and Sugar Industry Technology set out in paragraph 2 of Chapter A of the Annex to Regulation (EEC) No. 1265/69. For the purpose of determining the number of points, one point corresponds to 0.5 units. 3. The method of determining the ash content of extra-white sugar, sugar solution, invert sugar solution, invert sugar syrup and fructose is the method of ICUMSA as set out in paragraph 1 of Chapter A of the Annex to Regulation (EEC) No. 1265/69. For the purpose of determining the number of points, one point corresponds to 0.0018% of ash. 4. The method of determining the colour in solution of extra-white sugar and sugar solution is the method of ICUMSA set out in paragraph 3 of Chapter A of the Annex to Regulation (EEC) No. 1265/69. For the purpose of determining the number of points for the purposes of paragraph 3 of Schedule 1, one point corresponds to 7.5 units. 5. The method for determining the dry matter content of glucose syrup, dried glucose syrup, dextrose or dextrose monohydrate and dextrose or dextrose anhydrous is Method 2. 6. The method for determining the dry matter content of sugar solution, invert sugar solution and invert sugar syrup is Method 3. 7. The method for determining the invert sugar content of semi-white sugar is Method 4. 8. The method for determining the invert sugar content of sugar or white sugar and extra-white sugar is Method 5. 9. The method for determining the invert sugar content of sugar solution, invert sugar solution and invert sugar syrup is Method 7. 10. The method for determining the sulphated ash content of glucose syrup, dried glucose syrup, dextrose or dextrose monohydrate and dextrose or dextrose anhydrous is Method 9. 11. The method for determining the polarisation of semi-white sugar, sugar or white sugar and extra-white sugar is Method 10. 12. For the purposes of this Schedule -
(b) "ICUMSA" means the International Commission for Uniform Methods of Sugar Analysis.
(This note is not part of the Regulations) These Regulations, which apply to Wales, implement Council Directive 2001/111/EC relating to certain sugars intended for human consumption (OJ No. L10, 12.1.2002, p.53) apart from Article 2.2 which concerns the labelling of weights on small pre-packaged products. They revoke and replace the Specified Sugar Products Regulations 1976, as amended, in relation to Wales. The Regulations -
(b) provide for the Regulations to apply to such specified sugar products intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment (regulation 3); (c) restrict the use of reserved descriptions to the specified sugar products to which they relate (regulation 4); (d) prescribe labelling requirements for such products (regulation 5); (e) prescribe the manner of marking or labelling by applying specified provisions of the Food Labelling Regulations 1996 (regulation 6); (f) 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) and the European Economic Area Agreement, a defence in relation to exports (regulations 7 and 8); (g) apply various provisions of the Food Safety Act 1990 (regulation 9); (h) revoke the previous Regulations and make consequential amendments and transitional provision (regulations 10 and 11). An effect of the revocation contained in regulation 10(1)(a) and the absence of any re-enactment of the provision thereby revoked is that Part II of the Food Labelling Regulations 1996 will apply in relation to the products to which these Regulations relate.
A Regulatory appraisal has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the Library of the National Assembly for Wales 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 Standards Agency, 11th Floor, Southgate House, Cardiff CF10 1EW. Notes: [1] 1990 c.16.back [2] Functions of "the Secretary of State" 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 (S.I. 1999/672).back [3] OJ No. L31, 1.2.2002, p.1.back [4] OJ No. L1, 3.1.94, p.1.back [5] OJ No. L1, 3.1.94, p.571.back [7] OJ No. L10, 12.1.2002, p.53. As to the incorporation of Council Directive 2001/111/EC into the Agreement on the European Economic Area see OJ No. L298, 31.10.02, p.10.back [17] S.I. 2002/329 (W.42).back [19] S.I. 2001/1440 (W.102).back [21] OJ No. L163, 1.7.1969, p.1.back [22] OJ No. L157, 24.6.1988, p.28.back [23] OJ No. L40, 11.2.1989, p.27.back [24] OJ No. L239, 22.9.79, p.24.back
ISBN 0 11090820 1
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