(1) In these Regulations—
“the Act” means the Food Safety Act 1990;
“the Commission Regulation” means Commission Regulation (EC) No 577/97 laying down certain detailed rules for the application of the Council Regulation and of Council Regulation (EEC) No 1898/87 on the protection of designations used in the marketing of milk and milk products, as amended by Commission Regulation (EC) No 1278/97, Commission Regulation (EC) No 2181/97, Commission Regulation (EC) No 623/98, Commission Regulation (EC) No 1298/98 Commission Regulation (EC) No 2521/98 and Commission Regulation (EC) No 568/1999;
“Community provision” means a provision of the Council Regulation or the Commission Regulation which is referred to in column 1 of Schedule 1 to these Regulations, as read with any supplementary provision referred to in column 2 thereof opposite the reference in column 1;
“the Council Regulation” means Council Regulation (EC) No 2991/94 laying down standards for spreadable fats;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“food authority” does not include—
(a) the council of a district in a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change; or
(b) the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“sell” includes possess for sale, and offer, expose or advertise for sale;
“sell by retail” means sell to a person buying otherwise than for the purpose of re-sale;
“vitamin A” means vitamin A present as such or as its esters and includes beta-carotene on the basis that 6 micrograms of beta-carotene or 12 micrograms of other biologically active carotenoids equal 1 microgram of retinol equivalent;
“vitamin D” means the anti-rachitic vitamins.
(2) Other expressions used both in these Regulations and in the Council Regulation or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation or the Commission Regulation.
Specified date: 1 October 1999: see reg 1(1).
Food & Drugs97
Agriculture, Animals & Fisheries95
(This note is not part of the Regulations)
These Regulations consolidate and replace the Spreadable Fats (Marketing Standards) Regulations 1995, as amended, as regards England.
These Regulations continue to make provision for the enforcement and execution of Council Regulation (EC) No 2991/94 laying down standards for spreadable fats and Commission Regulation (EC) No 577/97 laying down certain detailed rules for the application of the Council Regulation and of Council Regulation (EEC) No 1898/87 on the protection of designations used in the marketing of milk and milk products, as amended. The subject matter of the Community provisions is briefly indicated in column 3 of Schedule 1. The Commission Regulation was last amended by Commission Regulation (EC) No 568/1999 which allows use of the designation “brandy butter”, “sherry butter” or “rum butter” for a sweetened, alcoholic product with a minimum milk-fat content of 20%.
In pursuance of Article 6 of Regulation 2991/94, these Regulations re-enact requirements as to the vitamin content of margarine (regulation 4), subject to an exemption (regulation 3(2)).
(a) specify the authorities which are to enforce and execute these Regulations and the Community provisions referred to in Schedule 1 (regulation 5);
(b) create offences and prescribe a penalty (regulation 6) and contain a limited exemption in respect of any spreadable fat to which the EEA Agreement applies and which is brought into England from an EEA State other than a member State either directly or via another part of the United Kingdom (regulation 3(1));
(c) provide a defence in relation to exports, in accordance with Articles 2 and 3 of Council Directive 89/397/EEC (OJ No L 186, 30.6.89, p 23) on the official control of foodstuffs, as read with the ninth recital to that Directive (regulation 7);
(d) incorporate specified provisions of the Food Safety Act 1990 (regulation 8); and
(e) revoke the Regulations specified in Schedule 2 as regards England (regulation 9).
Use of the designation “butter” is also restricted by Article 3 of Council Regulation (EEC) No 1898/87 (OJ No L182, 3.7.87, p 36), which is enforced in England by virtue of the Milk and Milk Products (Protection of Designations) Regulations 1990 (SI 1990/607, as amended by SI 1990/2486).
No regulatory impact assessment has been prepared in relation to these Regulations.
Food & Drugs99
Agriculture, Animals & Fisheries93