Fruit Juices and Similar Products Regulations, 2004 (L.N. 301 of 2004)

B 5258 L.N. 301 of 2004 FOOD SAFETY ACT (CAP. 449) Fruit Juices and Similar Products Regulations, 2004 IN exercise of the powers conferred by article 10 of the Food Safety Act, the Minister of Health, the Elderly and Community Care has made the following regulations: 1. The title of these regulations is the Fruit Juices and Similar Products Regulations, 2004. 1.1 These regulations implement the provisions of Council Directive 2001/112/EEC relating to fruit juices and certain similar products intended for human consumption. 2. These regulations shall come into force on 1st June, 2004 provided that: 2.1 products falling within the scope of these regulations which do not conform with these regulations but which conform with the provisions of the Fruit Juices and Similar Products Order (L.N. 242 of 1998), may be placed on the market until the 12th July 2004; 2.2 products falling within the scope of these regulations which do not conform with these regulations but which conform with the provisions of the Fruit Juices and Similar Products Order (L.N. 242 of 1998), and which were labelled before the 12th July 2004, may continue to be marketed until stocks are exhausted. 3.1 These regulations shall apply to the products defined in the First Schedule. 3.2 These regulations shall not preclude the possibility of addition of vitamins and minerals to the products defined in part I of the First Schedule to these regulations. 4.1 The Labelling, Presentation and Advertising of Foodstuffs Regulations, 2002, shall apply to the products defined in the First Schedule, subject to the following conditions: 4.1.1 (a) The product names listed in the First Schedule shall apply only to the products referred to therein and shall, Citation and coming into force. Applicability Labelling of products (L.N. 5 of 2002). B 5259 without prejudice to subparagraph (b), be used in trade to designate them. (b) As an alternative to the product names referred to in subparagraph (a), the Third Schedule provides a list of particular designations. These designations may be used in the language and under the conditions laid down in the Third Schedule. 4.1.2 If the product comes from a single kind of fruit, the name of the latter shall be substituted for the word ‘fruit’. 4.1.3 For products manufactured from two or more fruits, except where lemon juice is used under the conditions laid down in part II.1 of the First Schedule, the product names shall be supplemented by a list of the fruits used, in descending order of the volume of the fruit juices or purèes included. 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. 4.1.4 For fruit juices which have been sweetened by the addition of sugars, the sales name shall include the word ‘sweetened’ or ‘with added sugar’, followed by an indication of the maximum quantity of sugar added, calculated as dry matter and expressed in grams per litre. 4.1.5 The restoration of the products defined in part I of the First Schedule to their original state, by means of the substances strictly necessary for this operation, shall not entail an obligation to enter on the labels a list of the ingredients used for this purpose. The addition to fruit juice of extra pulp or cells as defined in the Second Schedule shall be indicated on the labelling. 4.1.6 Without prejudice to paragraphs 8(2) and 8(5) of the Labelling, Presentation and Advertising of Foodstuffs Regulations, 2002, for mixtures of fruit juice and fruit juice from concentrate, and for fruit nectar obtained entirely or partly from one or more concentrated products, the labelling shall bear the words ‘made with concentrate(s)’ or ‘partially made with concentrate(s)’, as appropriate. That information shall be entered close to the product name, standing out well from any background, in clearly visible characters. B 5260 4.1.7 For fruit nectars, the labelling shall indicate the minimum content of fruit juice, fruit purèe or any mixture of those ingredients, by the declaration ‘fruit content: ……% minimum’. That information shall be located in the same field of vision as the product name. 4.2 The labelling of concentrated fruit juice referred to in part I point 2 of the First Schedule not intended for delivery to the final consumer shall bear a reference indicating the presence and quantity of added sugars, or added lemon juice or acidifying agents as permitted by the Permitted Food Additives Regulations, 2003 (L.N. 347 of 2003). This reference shall appear on the packaging, on a label attached to the packaging or on an accompanying document. 5.1 Without prejudice to the Additives in Food Regulations, 1994 (L.N. 89 of 1994), only the treatments and substances listed in part II of the First Schedule and the raw materials complying with the Second Schedule may be used to manufacture the products defined in part I of the First Schedule. Moreover, fruit nectars shall comply with the provisions of the Fourth Schedule. Authorised treatments and substances B 5261 FIRST SCHEDULE Product Names, Definitions of Products and Characteristics I. DEFINITIONS 1. (a) Fruit juice The fermentable but unfermented product obtained from fruit which is sound and ripe, fresh or preserved by chilling, 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 from the juice which are separated during processing may be restored to the same 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, by suitable production processes whereby the proportion of constituents of the outer part of the fruit is reduced to a minimum. (b) Fruit juice from concentrate The product obtained by replacing in the concentrated fruit juice water extracted from that juice during concentration, and restoring the flavours, and, if appropriate, pulp and cells lost from the juice but recovered during the process of producing the fruit juice in question or of fruit juice of the same kind. The water added must display appropriate characteristics, particularly from the chemical, microbiological and organoleptic viewpoints, in such a way as to guarantee the essential qualities of the juice. The product thus obtained must display organoleptic and analytical characteristics at least equivalent to those of an average type of juice obtained from fruits of the same kind within the meaning of (a). 2. Concentrated fruit juice The product obtained from fruit juice of one or more kinds by the physical removal of a specific proportion of the water content. Where the product is intended for direct consumption that removal will be of at least 50 %. 3. Dehydrated/powdered fruit juice The product obtained from fruit juice of one or more kinds by the physical removal of virtually all the water content. 4. Fruit nectar (a) The fermentable but unfermented product obtained by adding water and sugars and/or honey to the products defined in points 1, 2 and 3, to fruit puree or to a mixture of those products, that product, moreover, meeting the requirements of the Fourth Schedule. The addition of sugars and/or honey is B 5262 permitted up to 20 % of the total weight of the finished product. Where fruit nectars are manufactured without added sugar or with low energy value, sugars may be replaced wholly or partially by sweeteners, in accordance with the Sweeteners for Use in Foodstuffs Regulations, 2000 (L.N. 268 of 2000). (b) By way of derogation from (a), fruits listed in parts II and III of the Fourth Schedule and apricots can be used, individually or mixed together, to manufacture nectars without the addition of sugar, honey and/or sweeteners. II. AUTHORISED INGREDIENTS, TREATMENTS AND SUBSTANCES 1. Authorised ingredients — Pursuant to regulation 2, the addition of vitamins and minerals is authorised in the case of the products defined in Part I, subject to the Nutrition Labelling Regulations, 1998 (L.N. 247 of 1998). — Flavour, pulp and cells restored to fruit juice defined in part I.1(a) must have been separated from that juice during processing, whereas flavour, pulp and cells restored to fruit juice defined in part I.1(b) may also be from fruit juice of the same kind. For grape juice only, salts of tartaric acids may be restored. — For products defined in part I.1, 2 and 3, other than pear or grape juice, the addition of sugars is authorised: • for regulating acidic taste, the quantity of sugars added, expressed as dry matter, may not exceed 15 g per litre of juice, • for sweetening purposes, the quantity of sugars added, expressed as dry matter, may not exceed 150 g per litre of juice provided that the total amount of sugar added for both regulating acidic taste and sweetening purposes may not exceed 150 g per litre. — For products defined in part I.1, 2, 3 and 4, in order to regulate acidic taste, the addition of lemon juice and/or concentrated lemon juice up to 3 g per litre of juice, expressed as anhydrous citric acid, is authorised. — Carbon dioxide, as an ingredient, is authorised. The addition of both sugars and lemon juice, whether concentrated or not, or acidifying agents as permitted by the Permitted Food Additives Regulations, 2003, to the same fruit juice is prohibited. 2. Authorised treatments and substances — Mechanical extraction processes. B 5263 — 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 concentrated fruit juices thus obtained comply with part I.1. — For grape juice, where sulfitation with sulphur dioxide of the grapes has been used, desulfitation by physical means is authorised, provided that the total quantity of SO 2 present in the final product does not exceed 10 mg/l. — Pectolytic enzymes. — Proteolytic enzymes. — Amylolytic enzymes. — Edible gelatine. — Tannins. — Bentonite. — Silicon aerogel. — Charcoal. — Chemically inert filtration adjuvant and precipitation agents (e.g. perlite, washed diatomite, cellulose, insoluble polyamide, polyvinylpolypyrolidone, polystyrene), which comply with the relevant legislation on materials and articles intended to come into contact with foodstuffs. — Chemically inert adsorption adjuvants which comply with the relevant legislation on materials and articles intended to come into contact with foodstuffs, 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. B 5264 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 not regarded as fruit. 2. Fruit purée The fermentable but unfermented product obtained by sieving the edible part of whole or peeled fruit without removing the juice. 3. Concentrated fruit purée The product obtained from fruit purÈe by the physical removal of a specific proportion of its water content. 4. Sugars For the production of: (a) fruit nectars: — sugars as defined by Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption, — fructose syrup, — sugars derived from fruits; (b) fruit juice from concentrate: — sugars as defined by Directive 2001/111/EC, — fructose syrup; (c) fruit juices: the sugars listed in (b) containing less than 2 % water. 5. Honey: The product defined by Council Directive 2001/110/EC of 20 December 2001 relating to honey. 6. Pulp or cells The products obtained from the edible parts of fruit of the same kind without removing the juice. Furthermore, for citrus fruit, pulp or cells are the juice sacs obtained from the endocarp. B 5265 THIRD SCHEDULE Particular Designations for Certain Products Listed in the First Schedule The reserved terms in this Schedule shall apply without prejudice to the provisions on permitted languages laid down in regulation 18(1) of the Labelling, Presentation and Advertising of Foodstuffs Regulations, 2002. (a) ‘succo e polpa’, for fruit nectars obtained exclusively from fruit puree and/or concentrated fruit puree; (b) ‘mosto’, synonym of grape juice. B 5266 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 25 Quito naranjillos 25 Blackcurrants 25 Whitecurrants 25 Redcurrants 25 Gooseberries 30 Sallow-thorn berries 25 Sloes 30 Plums 30 Quetsches 30 Rowanberries 30 Rose hips 40 Sour cherries 35 Other cherries 40 Bilberries 40 Elderberries 50 Raspberries 40 Apricots 40 Strawberries 40 Mulberries/blackberries 40 Cranberries 30 Quinces 50 Lemons and limes 25 Other fruits belonging to this category 25 II. Low-acid, pulpy or highly flavoured fruits with juice unpalatable in the natural state Mangoes 25 Bananas 25 Guavas 25 Papayas 25 Lychees 25 Azeroles (Neapolitan medlars) 25 Soursop 25 Bullock’s heart or custard apple 25 B 5267 Sugar apples 25 Pomegranates 25 Cashew fruits 25 Spanish plums 25 Umbu 25 Other fruits belonging to this category 25 III. Fruits with juice palatable in the natural state Apples 50 Pears 50 Peaches 50 Citrus fruits except lemons and limes 50 Pineapples 50 Other fruits belonging to this category 50 Fruit nectar made from Minimum juice and/or purèe content (% by volume of finished product) Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press Prezz 44ç – Price 44c