Regulations, 2013

L.N. 339 of 2013

FOOD SAFETY ACT

(CAP. 449)

Fruit Juices and Similar Products (Amendment)

Regulations, 2013

IN exercise of the powers conferred by article 10 of the Food

Safety Act, the Minister for Health has made the following

regulations:-

(1)

The title of these regulations is the Fruit Juices and Citation and

Similar Products (Amendment) Regulations, 2013, and these commencement.

regulations shall be read and construed as one with the Fruit Juices

and Similar Products Regulations, hereinafter referred to as "the

principal regulations".

(2) These regulations shall come into force on the 28th

October, 2013.

(1)

These regulations implement the provisions of Scope.

Directive 2012/12/EU of the European Parliament and of the Council

amending Council Directive 2001/112/EC relating to fruit juices and

certain similar products intended for human consumption.

(2) Products which are placed on the market or labelled before

28 October 2013 in accordance with Directive 2001/112/EC may

continue to be marketed until 28 April 2015.

(3) The statement ‘from 28 October 2015 no fruit juices

contain added sugars’ may appear on the label in the same field of

vision as the name of products referred to in points 1 to 4 of Part I of

the First Schedule until 28 October 2016.

Regulation 3 shall be amended as follows

Amends

regulation 3 of

the principal

(a)

immediately after regulation 3.1 thereof, there shall

regulations.

be added the following

"The products defined in the First Schedule are

subject to the provisions of European Union law applicable

to food, such as Regulation (EC) No 178/2002 of the

European Parliament and of the Council of 28 January

2002 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, unless these regulations provide otherwise."; and

(b)

regulation 3.2 thereof shall be deleted.

Regulation 4 shall be amended as follows

(a)

regulation 4.1.3 thereof shall be substituted by the

following

"4.1.3. For products manufactured from two or

more fruits, except where lemon and/or lime juice are used

under the conditions laid down in point 2 of Part II of the

First Schedule, the product name shall be composed of a

list of the fruits used, in descending order of the volume of

the fruit juices or purées included, as indicated in the list of

ingredients. However, in the case of products

manufactured from three or more fruits, the indication of

the fruits used may be replaced by the words "several

fruits" or a similar wording, or by the number of fruits

used.";

(b)

regulation 4.1.4 thereof shall be deleted;

(c)

regulation 4.2 thereof shall be substituted by the

following

"4.2. The labelling of concentrated fruit juice

referred to in point 2 of Part I of the First Schedule, not

intended for delivery to the final consumer, shall bear a

reference indicating the presence and quantity of added

lemon juice, lime juice or acidifying agents permitted by

Regulation (EC) No 1333/2008 of the European

Parliament and of the Council of 16 December 2008 on

food additives.

This reference shall appear on one of the

following

-

on the packaging,

-

on a label attached to the packaging, or

-

on an accompanying document."; and

(d)

immediately after regulation 4.2 thereof, there shall

be added the following

"4.3. These regulations shall apply to the products

defined in the First Schedule which are placed on the

market within the European Union in accordance with

Regulation (EC) No 178/2002.".

For the First Schedule to the principal regulations, there Substitutes the

First Schedule

shall be substituted the following

to the principal

regulations.

"FIRST SCHEDULE

Product Names, Definitions of Products and Characteristics

I.

DEFINITIONS

1. (a)

Fruit juice

The fermentable but unfermented product obtained from the

edible part of fruit which is sound and ripe, fresh or preserved by

chilling or freezing of one or more kinds mixed together having the

characteristic colour, flavour and taste typical of the juice of the fruit

from which it comes.

Flavour, pulp, and cells obtained by suitable physical means

from the same species of fruit may be restored to the juice.

In the case of citrus fruits, the fruit juice must come from the

endocarp. Lime juice, however, may be obtained from the whole fruit.

Where juices are processed from fruits with pips, seeds and

peel, parts or components of pips, seeds and peel shall not be

incorporated in the juice. This provision shall not apply to cases

where parts or components of pips, seeds and peel cannot be removed

by good manufacturing practices.

The mixing of fruit juice with fruit purée is authorised in the

production of the fruit juice.

(b) Fruit juice from concentrate

The product obtained by reconstituting concentrated fruit juice

defined in point 2 with potable water that meets the criteria set out in

the Quality of Water Intended for Human Consumption Regulations

(S.L. 449.57)

The soluble solids content of the finished product shall meet the

minimum Brix level for reconstituted juice specified in the Fifth

Schedule.

If a juice from concentrate is manufactured from a fruit not

mentioned in the Fifth Schedule, the minimum Brix level of the

reconstituted juice shall be the Brix level of the juice as extracted

from the fruit used to make the concentrate.

Flavour, pulp and cells obtained by suitable physical means

from the same species of fruit may be restored to the fruit juice from

concentrate.

The fruit juice from concentrate is prepared by suitable

processes, which maintain the essential physical, chemical,

organoleptical and nutritional characteristics of an average type of

juice of the fruit from which it comes.

The mixing of fruit juice and/or concentrated fruit juice with

fruit purée and/or concentrated fruit purée is authorised in the

production of fruit juice from concentrate.

2. Concentrated fruit juice

The product obtained from fruit juice of one or more fruit

species by the physical removal of a specific proportion of the water

content. Where the product is intended for direct consumption, the

removal shall be at least 50% of the water content.

Flavour, pulp and cells obtained by suitable physical means

from the same species of fruit may be restored to the concentrated

fruit juice.

3. Water extracted fruit juice

The product obtained by diffusion with water of

-

pulpy whole fruit whose juice cannot be extracted

by any physical means, o

-

dehydrated whole fruit.

4. Dehydrated/powdered fruit juice

The product obtained from fruit juice of one or more fruit

species by the physical removal of virtually all the water content.

5. Fruit nectar

The fermentable but unfermented product which

-

is obtained by adding water with or without the

addition of sugars and/or honey to the products defined in points

1 to 4 to fruit purée and/or to concentrated fruit purée and/or to

a mixture of those products, and

-

meets the requirements of the Fourth Schedule.

Without prejudice to Regulation (EC) No 1924/2006 of the

European Parliament and of the Council of 20 December 2006 on

nutrition and health claims made on foods, where fruit nectars are

manufactured without added sugars or with reduced energy value,

sugars may be replaced wholly or partially by sweeteners, in

accordance with Regulation (EC) No 1333/2008.

Flavour, pulp and cells obtained by suitable physical means

from the same species of fruit may be restored to the fruit nectar.

II. AUTHORISED INGREDIENTS, TREATMENTS AND

SUBSTANCES

1. Composition

The species corresponding to the botanical name in the Fifth

Schedule shall be used in the preparation of fruit juices, fruit purées

and fruit nectars bearing the product name for the applicable fruit or

the common name of the product.

For fruit species not included in the Fifth Schedule, the correct

botanical or common name shall apply.

For fruit juice the Brix level shall be the one of the juice as

extracted from the fruit and shall not be modified, except by blending

with the juice of the same species of fruit.

The minimum Brix level established in the Fifth Schedule for

reconstituted fruit juice and reconstituted fruit purée is exclusive of

the soluble solids of any added optional ingredients and additives.

2. Authorised ingredients

Only the following ingredients may be added to the products

referred to in Part I

-

Vitamins and minerals as authorised in Regulation

(EC) No 1925/2006 of the European Parliament and of the

Council of 20 December 2006 on the addition of vitamins and

minerals and of certain other substances to foods;

-

Food additives authorised in accordance with

Regulation (EC) No 1333/2008;

and in addition

-

For fruit juice, fruit juices from concentrate and

concentrated fruit juices: restored flavour, pulp and cells;

-

For grape juice: restored salts of tartaric acids;

-

For fruit nectars: restored flavour, pulp and cells;

sugars and/or honey up to 20% of the total weight of the

finished products; and/or sweeteners;

A claim stating that sugars have not been added to fruit

nectar, and any claim likely to have the same meaning for the

consumer, may only be made where the product does not

contain any added mono- or disaccharides or any other food

used for its sweetening properties, including sweeteners as

defined in Regulation (EC) No 1333/2008. If sugars are

naturally present in fruit nectar, the following indication should

also appear on the label: "contains naturally occurring sugars";

-

For products referred to in point (a), the first indent

of point (b), point (c), the second indent of point (e) and point

(h) of the Third Schedule: sugars and/or honey;

-

For products defined in points 1 to 5 of Part I, in

order to regulate acidic taste: lemon and/or lime juice and/or

concentrated lemon and/or lime juice, up to 3 g per litre of juice,

expressed as anhydrous citric acid;

-

For tomato juice and tomato

juice

from

concentrate: salt, spices and aromatic herbs.

3. Authorised treatments and substances

Only the following treatments may be applied and only the

following substances may be added to the products referred to in Part

-

Mechanical extraction processes;

-

The usual physical processes, including in-line

water extraction (diffusion) of the edible part of fruits other than

grapes for the manufacture of concentrated fruit juices, provided

that the fruit juices thus obtained comply with point 1 of Part I;

-

For grape juice, where sulphitation with sulphur

dioxide of the grapes has been used, desulphitation by physical

means is authorised, provided that the total quantity of SO 2

present in the final product does not exceed 10 mg/l;

-

Enzyme preparations: pectinases (for breakdown of

pectin), proteinases (for breakdown of proteins) and amylases

(for breakdown of starch) meeting the requirements of

Regulation (EC) No 1332/2008 of the European Parliament and

of the Council of 16 December 2008 on food enzymes;

-

Edible gelatine;

-

Tannins;

-

Silica sol;

-

Charcoal;

-

Nitrogen;

-

Bentonite as an adsorbent clay;

-

Chemically inert filtration aids and precipitation

agents (including perlite, washed diatomite, cellulose, insoluble

polyamide, polyvinylpolypyrrolidone, polystyrene), which

comply with Regulation (EC) No 1935/2004 of the European

Parliament and of the Council of 27 October 2004 on materials

and articles intended to come into contact with food;

-

Chemically inert adsorption aids which comply

with Regulation (EC) No 1935/2004, and which are used to

reduce the limonoid and naringin content of citrus juice without

significantly affecting the limonoid glucosides, acid, sugars

(including oligosaccharides) or mineral content.".

For the Second Schedule to the principal regulations, there Substitutes the

Second

shall be substituted the following

Schedule to the

principal

regulations.

"SECOND SCHEDULE

Definitions of Raw Materials

For the purposes of these regulations, the following definitions

shall apply

(1) Fruit

All fruits. For the purposes of these regulations, tomatoes are

also considered as fruit.

The fruit shall be sound, appropriately mature, and fresh or

preserved by physical means or by treatment(s), including post-

harvest treatments applied in accordance with European Union law.

(2) Fruit purée

The fermentable but unfermented product obtained by suitable

physical processes such as sieving, grinding, milling the edible part of

whole or peeled fruit without removing the juice.

(3) Concentrated fruit purée

The product obtained from fruit purée by the physical removal

of a specific proportion of its water content.

Concentrated fruit purée may have restored flavour which shall

be obtained by suitable physical means, as defined in point 3 of Part

II of the First Schedule and all of which must be recovered from the

same species of fruit.

(4) Flavour

Without prejudice to Regulation (EC) No 1334/2008 of the

European Parliament and of the Council of 16 December 2008 on

flavourings and certain food ingredients with flavouring properties

for use in and on foods, flavours for restoration are obtained during

the processing of the fruit by applying suitable physical processes.

Those physical processes may be applied to retain, preserve or

stabilise the flavour quality and include in particular squeezing,

extraction,

distillation,

filtration,

adsorption,

evaporation,

fractionation and concentration.

Flavour is obtained from the edible parts of the fruit; however it

could also be cold pressed oil from citrus peel and compounds from

the stones.

(5) Sugars

-

sugars as defined by the Sugar for Human

Consumption Regulations (S.L. 449.39)

-

fructose syrup,

-

sugars derived from fruits.

(6) Honey

The product defined by the Honey Regulations (S.L. 449.38)

(7) Pulp or cells

The products obtained from the edible parts of fruit of the same

species without removing the juice. Furthermore, for citrus fruit, pulp

or cells are the juice sacs obtained from the endocarp.".

For the Third Schedule to the principal regulations, there Substitutes the

Third Schedule

shall be substituted the following

to the principal

regulations.

"THIRD SCHEDULE

Particular Designations for Certain Products Listed

in the First Schedule

(a)

"vruchtendrank", for fruit nectars;

(b) "Süßmost";

The designation "Süßmost" may be used only in conjunction

with the product names "Fruchtsaft" or "Fruchtnektar"

-

for fruit nectar obtained exclusively from fruit

juices, concentrated fruit juices or a mixture of these products,

unpalatable in the natural state because of their high natural

acidity,

-

for fruit juice obtained from apples or from pears,

with the addition of apples where appropriate, but with no added

sugar;

(c) "succo e polpa" or "sumo e polpa", for fruit nectars

obtained exclusively from fruit purée and/or concentrated fruit purée;

(d) "æblemost", for apple juice with no added sugar;

(e) - "sur … saft", together with the name (in Danish) of the

fruit used, for juices with no added sugar obtained from

blackcurrants, cherries, redcurrants, whitecurrants, raspberries,

strawberries or elderberries,

- "sød … saft" or "sødet … saft" together with the name (in

Danish) of the fruit used, for juices obtained from this fruit, with

more than 200 g of added sugar per litre;

(f)

"äppelmust/äpplemust", for apple juice with no added

sugar;

(g) "mosto", synonym of grape juice;

(h) "smiltsērkšķu sula ar cukuru" or "astelpaju mahl suhkruga"

or "słodzony sok z rokitnika" for juices obtained from seabuckthorn

berries with no more than 140 g of added sugar per litre.".

For the Fourth Schedule to the principal regulations, there

Substitutes the

Fourth Schedule

shall be substituted the following

to the principal

regulations.

"FOURTH SCHEDULE

Special Provisions relating to Fruit Nectars

Fruit nectars made from

Minimum juice

and/or purèe

content (% by

volume of

finished product)

I.

Fruits with acidic juice unpalatable in the natural

state

Passion fruit

Quito naranjillos

Blackcurrants

Whitecurrants

Redcurrants

Gooseberries

Seabuckthorn berries

Sloes

Plums

Quetsches

Rowanberries

Rose hips

Sour cherries

Other cherries

Bilberries

Elderberries

Raspberries

Apricots

Strawberries

Mulberries/blackberries

Cranberries

Quinces

Lemons and limes

Other fruits belonging to this category

II.

Low-acid, pulpy or highly flavoured fruits with juice

unpalatable in the natural state

Mangoes

Bananas

Guavas

Papayas

Lychees

Azeroles (Neapolitan medlars)

Soursop

Bullock’s heart or custard apple

Sugar apples

Fruit nectars made from

Minimum juice

and/or purèe

content (% by

volume of

finished product)

Pomegranates

Cashew fruits

Spanish plums

Umbu

Other fruits belonging to this category

III. Fruits with juice palatable in the natural state

Apples

Pears

Peaches

Citrus fruits except lemons and limes

Pineapples

50 ".

Other fruits belonging to this category

For the Fifth Schedule to the principal regulations, there Substitutes the

Fifth Schedule

shall be substituted the following

to the principal

regulations.

"FIFTH SCHEDULE

Minimum Brix Levels For Reconstituted Fruit Juice

and Reconstituted Fruit Purée

Common Name of the

Botanical Name

Minimum degree of

Fruit

Brix values

Apple (*)

Malus domestica Borkh.

2

Apricot (**)

Prunus armeniaca L.

11.2

Banana (**)

Musa x paradisiaca L.

0

(excluding plantains)

Blackcurrant (*)

Ribes nigrum L.

11.0

Grape (*)

Vitis vinifera L. or hybrids

15.9

thereof

Vitis labrusca L. or hybrids

thereof

Grapefruit (*)

Citrus x paradise Macfad.

10.0

Guava (**)

Psidium guajava L.

8.5

Lemon (*)

Citrus limon (L.) Burm.f.

8.0

Mango (**)

Mangifera indica L.

13.5

Orange (*)

Citrus sinensis (L.) Osbeck

11.2

Passion Fruit (*)

Passiflora edulis Sims

12.0

Peach (**)

Prunus persica (L.) Batsch

10.0

var. Persica

Pear (**)

Pyrus communis L.

11.9

Pineapple (*)

Ananas comosus (L.) Merr.

12.8

Raspberry (*)

Rubus idaeus L.

7.0

Sour Cherry (*)

Prunus cerasus L.

13.5

Strawberry (*)

Fragaria x ananassa Duch.

7.0

Common Name of the

Botanical Name

Minimum degree of

Fruit

Brix values

Tomato (*)

Lycopersicon esculentum, Mill.

5.0

Mandarin (*)

Citrus reticulata Blanco

11.2

For those products marked with an asterisk (*), which are produced as a juice,

a minimum relative density is determined as such in relation to water at 20/

20°C.

For those products marked with two asterisks (**), which are produced as a

purée, only a minimum uncorrected Brix reading (without correction of acid) is

determined. ".

€1.08