Title and commencement

1.  These Regulations may be cited as the Fruit Juices and Fruit Nectars (England) (Amendment) Regulations 2011 and come into force on 16^th May 2011.

Amendment of the Fruit Juices and Fruit Nectars (England) Regulations 2003

2.—(1) The Fruit Juices and Fruit Nectars (England) Regulations 2003(4) are amended as follows.

(2) In paragraph (2) of regulation 2—

(a)at the end of sub-paragraph (d) omit the word “and”;

(b)at the end of sub-paragraph (e) substitute “; and” for the full stop; and

(c)after sub-paragraph (e) insert—

“(f)being a food bearing the reserved description “fruit juice from concentrate”, it complies with the minimum Brix level specified in Schedule 6, read together with the Notes to that Schedule.”.

(3) In regulation 5—

(a)for paragraph (d) substitute —

“(d)in the case of—

(i)a mixture of fruit juice and fruit juice from concentrate and which is marked or labelled with the single reserved description “fruit juice” (or such other description as, in accordance with the conditions which preface Column 1 (reserved descriptions) of Schedule 1, is required in place of the description “fruit juice”), or

(ii)a fruit nectar obtained partly from one or more concentrated products,

its labelling bears the words “partially from concentrate” or, as the case may be, “partially from concentrates”, such words to appear close to the reserved description, in letters that are clearly visible and easily distinguished from the background against which they appear;”; and

(b)for paragraph (e) substitute—

“(e)in the case of a fruit nectar obtained wholly from one or more concentrated products, its labelling bears the words “from concentrate” or, as the case may be, “from concentrates”, such words to appear close to the reserved description, in letters that are clearly visible and easily distinguished from the background against which they appear;”.

(4) After regulation 11, insert—

“Review of these Regulations

12.—(1) Before the end of each review period, the Secretary of State must—

(a)carry out a review of these Regulations;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption(5) (which is implemented by means of these Regulations) is implemented in other member States.

(3) The report must, in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) “Review period” means—

(a)the period of five years beginning on 16^th May 2011, and

(b)subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.”.

(5) In Schedule 1—

(a)in column 2 of item 3 (Fruit juice from concentrate), at the end insert—

“The minimum Brix levels for fruit juices from concentrate are indicated in Schedule 6.”; and

(b)in column 2 of item 5 (Fruit nectar), for “Schedule 4” substitute “Schedule 5” in both places.

(6) After Schedule 5, insert Schedule 6, as set out in the Schedule to these Regulations.

Regulation 2(6)

SCHEDULE

Regulation 2 and Schedule 1

“SCHEDULE 6MINIMUM BRIX LEVELS FOR FRUIT JUICES FROM CONCENTRATE

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to England only, transpose Commission Directive 2009/106/EC amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption (OJ No. L 212, 15.8.2009, p. 42).

Commission Directive 2009/106/EC makes two amendments to Council Directive 2001/112/EC (OJ No. L 10, 12.1.2002, p. 58). First, it makes a small linguistic change in relation to mixed juice products containing fruit juice and fruit juices from concentrate and to nectars obtained wholly or partly from one or more concentrated products, in order to alleviate translational difficulties across Member States of the EU. Second, it introduces a table laying down the minimum Brix levels for fruit juices from concentrate.

These Regulations amend the Fruit Juices and Fruit Nectars (England) Regulations 2003 (S.I. 2003/1564) (“the 2003 Regulations”), so as to—

(a)provide that a fruit juice from concentrate must contain the minimum Brix levels specified in Schedule 6, read together with the Notes to that Schedule (regulation 2(2) and the Schedule);

(b)make a small linguistic change to the labelling and description of mixed juice products containing fruit juice and fruit juices from concentrate, and of nectars obtained wholly or partly from one or more concentrated products (regulation 2(3));

(c)amend Schedule 1 (Reserved Descriptions For Designated Products) so that item 3 (Fruit juice from concentrate) of Schedule 1 cross-refers to Schedule 6 (Minimum Brix Levels For Fruit Juices From Concentrate) (regulation 2(5)(a) and the Schedule);

(d)amend Schedule 1 so that an incorrect reference within item 5 (Fruit nectar) is corrected (regulation 2(5)(b)); and

(e)add as Schedule 6 a new Schedule which provides ‘Minimum Brix Levels For Fruit Juices From Concentrate’ (regulation 2(6) and the Schedule).

These Regulations also require the Secretary of State to review the operation and effect of the 2003 Regulations and publish a report within five years beginning on 16^th May 2011 and within every five years after that (regulation 2(4)). Following a review it will fall to the Secretary of State to consider whether the 2003 Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the 2003 Regulations or to amend them.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Food Policy Unit, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London, SW1P 3JR and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.