Cheese Regulations 1987

Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 Regulations made under sections 6, 8 and 58. CHEESE REGULATIONS, 1987 (LN. 1987/048) 1.8.1987 Amending enactments Relevant current provisions Commencement date 1990/056 reg. 2 1.7.1990 ARRANGEMENT OF REGULATIONS. Regulation PART.– PRELIMINARY. 1. Title and Commencement. 2. Interpretation. 3. Exemptions. PART II.– COMPOSITION AND DESCRIPTION OF CHEESE, PROCESSED CHEESE AND CHEESE SPREAD. 4. Composition and description of hard cheese. 5. Composition and description of soft cheese. 6. Composition and description of whey cheese. 7. Composition and description of processed cheese. 8. Composition and description of cheese spread. 9. Compound products. 10. General requirements as to composition and description. 11. Permitted ingredients in cheese, processed cheese and cheese spread. PART III– LABELLING AND ADVERTISEMENT. 12. Labelling and advertisement of cheese, processed cheese, cheese spread and compound products. 14. Requirements as to marking on labels on containers and on tickets. 15. Labelling and advertisement of cream cheese. Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 PART IV.- ADMINISTRATION AND GENERAL. 16. Penalties. 17. Defences. 18. Application of various sections of the Act. SCHEDULE 1. Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 PART I. PRELIMINARY. Title and commencement. 1.(1) These regulations may be cited as the Cheese Regulations, 1987. (2) These regulations shall come into operation on the 1st day of August, 1987. Interpretation. 2.(1) In these regulations, unless the context otherwise requires: “cheese” means the fresh or matured product intended for sale for human consumption, which is obtained as follows (a) in the case of any cheese other than whey cheese (i) by coagulating any or a combination of any of the following substances, namely milk, cream, skimmed milk, partly skimmed milk, concentrated skimmed milk, reconstituted dried milk and butter milk, and (ii) partially draining the whey resulting from any such coagulation; (b) in the case of whey cheese (i) by concentrating whey with or without the addition of milk and milk fat, and moulding such concentrated whey, or (ii) by coagulating whey with or without the addition of milk and milk fat; “cheese spread” means cheese which has been subjected to a process of melting and mixing with milk products other than cheese, with or without the addition of emulsifying salts; “compound product” means food which consists of a combination of two or more foods and which does not contain less than l0% cheese, processed cheese or cheese spread or any mixture of two or more of them, as a percentage of the compound product, but does not include any pie, pudding, cake, confectionery, biscuit, Welsh rarebit or any product similar to Welsh rarebit; Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 “container” includes any form of packaging of food for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article, and in particular includes a wrapper or confining band; “emulsifying salts” means the following substances insofar as their use is permitted by the Miscellaneous Additives in Food Regulations 1987 namely, the ammonium, sodium, potassium or calcium salts of citric and orthophosphoric acid; the sodium, potassium or calcium salts of diphosphoric acid; pentasodium triphosphate; penta potassium triphosphate; ammonium, sodium, potassium and calcium polyphosphates; the sodium, potassium or potassium sodium salts of tartaric acid; “food” means food intended for sale for human consumption and includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include (a) water, live animals or birds, (b) fodder or feeding stuffs for animals, birds or fish or (c) articles or substances used only as drugs; “hard cheese” means cheese other than soft cheese, whey cheese, processed cheese or cheese spread; “human consumption” includes use in the preparation of food for human consumption; “the Act” means the Food and Drugs Act; “permitted colouring matter” means any colouring matter insofar as its use is permitted by the Colouring Matter in Food Regulations 1980; “permitted emulsifier” and “permitted stabiliser” shall have the meanings respectively assigned to them by the Emulsifiers and Stabilisers in Food Regulations 1990 . “permitted miscellaneous additive” shall have the meaning assigned to it by the Miscellaneous Additives in Food Regulations 1987; “permitted preservative” shall have the meaning assigned to it by the preservatives in Food Regulations 1987; Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 “processed cheese” means cheese which has been subjected to a process of melting and mixing with or without the addition of emulsifying salts; “sell” includes offer or expose for sale or have in possession for sale, and ‘sale’ and ‘sold’ shall be construed accordingly; “sell by retail” means sell to a person buying otherwise than for the purpose of re-sale but does not include selling to a caterer for the purposes of his catering business, or selling to a manufacturer for the purposes of his manufacturing business; “soft cheese” means cheese which is readily deformed by moderate pressure, but does not include whey cheese, processed cheese or cheese spread, and any reference to soft cheese includes a reference to cream cheese or curd cheese; “starter” means a living culture in milk, cream, skimmed milk, partly skimmed milk, concentrated skimmed milk, reconstituted dried milk, or butter milk, of lactic-acid-producing bacteria; “whey cheese” means the product obtained by one other of the processes referred to in paragraph (b) of the foregoing definition of ‘cheese’; And other expressions have the same meaning as in the Act. (2) All percentages mentioned in these regulations are percentages calculated by weight, and unless a contrary intention is expressed, are calculated on the total weight of the cheese. (3) Any reference in these regulations to a label borne on a container shall be construed as including a reference to any legible marking on the container however effected. (4) For the purpose of these regulations, the supply of food, otherwise than by sale, at, in or from any place where food is supplied in the course of a business, shall be deemed to be a sale of that food, and references to purchasing and purchasers shall be construed accordingly. (5) Any reference in these regulations to any other regulations shall be construed as a reference to such regulations as amended by any subsequent regulations. (6) Any reference in these regulations to a numbered regulation shall unless the reference is to a regulation of specified regulations, be construed as a reference to the regulation bearing that number in these regulations. Exemptions. Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 3. The following provisions of these regulations shall not apply, except insofar as they relate to advertisements other than labels or wrappers, in relation to any cheese, processed cheese, cheese spread or compound product sold, consigned or delivered for (a) exportation to any place outside Gibraltar; or (b) used by a manufacturer for the purpose of his manufacturing business. PART II. COMPOSITION AND DESCRIPTION OF CHEESE, PROCESSED CHEESE AND CHEESE SPREAD. Composition and description of hard cheese. 4.(1) Any hard cheese sold, consigned or delivered under the name of a variety specified in column 1 of Schedule 1 to these regulations, shall comply with the percentages for milk fat and water set out respectively in columns 2 and 3 of the said Schedule opposite the name of such cheese. (2) Any hard cheese sold, consigned or delivered, other than hard cheese to which the foregoing paragraph of this regulation applies, shall satisfy either the requirements of sub-paragraph (a) or the requirements of sub-paragraph (b) following, except that the appropriate description or declaration need be borne by any hard cheese sold, consigned or delivered otherwise than in a container only when such cheese is sold by retail (a) such cheese shall bear one of the following descriptions and comply with the following compositional requirements for cheese of such description, namely (i) ‘full fat hard cheese’, if the cheese contains not less than 48% milk fat in the dry matter and not more than 48% water; (ii) ‘medium fat hard cheese’, if the cheese contains less than 48% and not less than 10% milk fat in the dry matter, and not more than 48% water; (iii) ‘skimmed milk hard cheese’, if the cheese contains less than 10% milk fat in the dry matter, and not more than 48% water; or (b) such cheese shall bear a true declaration of either Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 (i) the minimum percentage milk fat content in the dry matter, and the maximum percentage water content, or (ii) the minimum percentage milk fat content, so however that as respects any sale, consignment or delivery of any hard cheese bearing such a declaration, that declaration shall be in such of the following forms as is appropriate: (aa) ‘x% fat in dry matter’ and y% moisture’, and the declaration shall be completed by inserting at ‘x’ and ‘y’ respectively the percentages described in sub-paragraph (b)(i) of this paragraph; (ab) ‘x% fat’, and the declaration shall be completed by inserting at ‘x’ the percentage described in sub-paragraph (b)(ii) of this paragraph. (3) No person shall sell, consign or deliver, as the case may be, any hard cheese in contravention of this regulation. Composition and description of soft cheese. 5.(1) Any soft cheese sold, consigned or delivered under the name of a variety specified in column 1 of Schedule 1 to these regulations, shall comply with the percentages for milk fat and water set out respectively in columns 2 and 3 of the said Schedule opposite the name of such cheese. (2) Any soft cheese sold, consigned or delivered, other than soft cheese to which the foregoing paragraph of this regulation applies and other than cheese which bears one of the descriptions specified in paragraph (3) of this regulation and complies with the compositional requirements so specified in relation to that description, shall bear one of the following descriptions, and comply with the following compositional requirements for cheese of such description except that the appropriate description need be borne by any soft cheese sold, consigned or delivered otherwise than in a container only when such cheese is sold by retail (a) ‘full fat soft cheese’, if the cheese contains not less than 20% milk fat, and not more than 60% water; (b) ‘medium fat soft cheese’, if the cheese contains less than 20% but not less than 10% milk fat, and not more than 70% water; (c) ‘low fat soft cheese’, if the cheese contains less than 10% but not less than 2% milk fat, and not more than 80% water; (d) ‘skimmed milk soft cheese’, if the cheese contains less than 2% milk fat, and not more than 80% water. Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 (3) Any soft cheese sold, consigned or delivered, as ‘cream cheese’ shall contain not less than 45% milk fat, and bear the description ‘cream cheese’; Provided that if such cheese contains not less than 65% milk fat, it may bear the description ‘double cream cheese’. (4) No person shall sell, consign or deliver, as the case may be, any soft cheese in contravention of this regulation. Composition and description of whey cheese. 6.(1) Any whey cheese sold, consigned or delivered shall bear one of the following descriptions and comply with the following compositional requirements for cheese of such description, except that the appropriate description need be borne by any whey cheese, consigned or delivered otherwise than in a container only when such cheese is sold by retail (a) ‘full fat whey cheese’, if the cheese contains not less than 33%’ milk fat in the dry matter; (b) ‘whey cheese’, if the cheese contains less than 33% and not less than 10% milk fat in the dry matter; (c) ‘skimmed whey cheese’, if the cheese contains less than l0% milk fat in the dry matter. (2) No person shall sell, consign or deliver, as the case may be, any whey cheese in contravention of this regulation. Composition and description of processed cheese. 7.(1) Any processed cheese sold, consigned or delivered under a description containing the word ‘processed’ with the name of a variety of cheese specified in column 1 of Schedule I to these regulations, shall either (a) comply with the percentages for milk fat and water set out respectively in columns 2 and 3 of the said Schedule opposite the name of such cheese, except that processed Cheddar cheese shall contain not less than 48% milk fat in the dry matter, and not more than 43% water; or (b) comply with the provisions of paragraph (2) of this regulation. (2) Any processed cheese sold, consigned or delivered, other than any processed cheese to which the foregoing paragraph of this regulation applies, shall satisfy either the requirements of subparagraph (a) or the Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 requirements of subparagraph (b) following, except that the appropriate description or declaration need be borne by any processed cheese sold, consigned or delivered otherwise than in a container only when such processed cheese is sold by retail (a) such processed cheese shall bear one of the following descriptions, and comply with the following compositional requirements for processed cheese of such description, namely (i) ‘full fat processed cheese’, if the processed cheese contains not less than 48% milk fat in the dry matter, and not more than 48% water; (ii) ‘medium fat processed cheese’, if the processed cheese contains less than 48% and not less than 10% milk fat in the dry matter and not more than 48% water; (iii) ‘skimmed milk processed cheese’, if the processed cheese contains less than 10% milk fat in the dry matter, and not more than 48% water; or (b) such processed cheese shall bear a true declaration of either (i) the minimum percentage milk fat content in the dry matter and the maximum percentage water content, or (ii) the minimum percentage milk fat content, so however that as respects any sale, consignment or delivery of any processed cheese bearing such a declaration, that declaration shall be in such of the following forms as is appropriate: (aa) ‘x% fat in dry matter’ and ‘y% moisture’, and the declaration shall be completed by inserting at ‘x’ and ‘y’ respectively the percentages described in sub-paragraph (h)(i) of this paragraph; (ab) ‘x% fat’, and the declaration shall be completed by inserting at ‘x’ the percentage described in sub-paragraph (b)(ii) of this paragraph. (3) Any processed cheese sold, consigned or delivered which is a mixture of cheese of two or more varieties shall either conform to one of the compositional requirements of paragraph (2)(a) of this regulation and bear the appropriate description specified therein for such processed cheese or bear one of the declarations specified in paragraph (2)(b) of this regulation. Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 (4) The name of a variety of cheese, used in the preparation of a processed cheese, may be inserted between the words ‘processed’ and ‘cheese’ in the appropriate description required by paragraphs (2)(a) and (3) of this regulation. (5) No person shall sell, consign or deliver, as the case may be, any processed cheese in contravention of this regulation. Composition and description of cheese spread. 8.(1) Any cheese spread sold, consigned or delivered shall contain not less than 20% milk fat and not more than 60% water; and shall bear the description ‘cheese spread’ or ‘cheese food’, with or without the name of the variety or description of cheese used as a constituent of such cheese spread inserted immediately before the words ‘cheese spread’ or ‘cheese food’, except that such description need be borne by cheese spread sold, consigned or delivered otherwise than in a container only when such cheese spread is sold by retail. (2) No person shall sell, consign or deliver, as the case may be, any cheese spread in contravention of this regulation. Compound products. 9.(1) Any cheese, processed cheese or cheese spread for which compositional requirements are specified in these regulations and which is used as an ingredient of a compound product, shall comply with the compositional requirements so specified for such cheese, processed cheese or cheese spread. (2) No person shall sell, consign or deliver, as the case may be, any compound product in contravention of this regulation. General requirements as to composition and description. 10.(1) No person shall sell any food under such a description as to lead an intending purchaser to believe that he is purchasing any cheese, processed cheese, cheese spread or compound product respectively for which compositional requirements are specified in these regulations if the food does not comply with the appropriate requirements as to composition set out in these regulations in relation to that cheese, processed cheese, cheese spread or compound product. (2) Where a person sells any food to a purchaser in response to a request for any kind of cheese, processed cheese, cheese spread or compound product for which compositional requirements are specified in these regulations, he shall be deemed to sell cheese, processed cheese, cheese spread or a compound product of that kind and under such a description as Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 is specified in these regulations in relation to that kind of cheese, processed cheese, cheese spread or compound product unless he clearly notifies the purchaser at the time of sale that the cheese, processed cheese, cheese spread or compound product is not of that kind. Permitted ingredients in cheese, processed cheese and cheese spread. 11. No person shall sell, consign or deliver any cheese, processed cheese or cheese spread which contains any ingredient other than the substances mentioned in the definition of ‘cheese’, ‘processed cheese’ or ‘cheese spread’ as the case may be, in regulation 2(1), water, such permitted preservatives in such amounts as are permitted by the Preservatives in Food Regulations 1987, any mould characteristic of the variety of cheese concerned and any or all of the following ingredients where appropriate in relation to the kind of cheese specified, namely: (a) hard cheese may contain common salt (sodium chloride), starter, any enzyme preparation capable and used for the purpose of coagulating milk in a manner suitable for cheesemaking, the permitted miscellaneous additives calcium chloride anhydrous, calcium chloride and calcium hydroxide, the permitted colouring matter alpba-arotene, beta-carotene, gamma-carotene, annatto, canthaxanthin and beta-apo-8’-carotenal and the synthetic equivalent identical with the pure colouring principle of the permitted colouring matters alpha-carotene, beta-carotene, gamma carotene, annatto, canthaxanthin and beta-apo-8’-carotenal; (b) the rind of hard cheese may contain any permitted colouring matter other than aluminium, silver, gold or methyl violet; (c) soft cheese and whey cheese may contain the ingredients mentioned in paragraph (a) of this regulation, flavourings, starches (whether modified or not), the following permitted emulsifiers and permitted stabilisers, namely alginic acid, sodium alginate, calcium alginate, carrageenan, locust bean gum, guar gum, tragacanth, acacia and xanthan gum, and the permitted miscellaneous additives lactic acid, citric acid, acetic acid, hydrochloric acid, orthophosphoric acid and Dglucono-1, 5-lactone; (d) processed cheese and cheese spread may contain: (i) the ingredients mentioned or referred to in paragraph (e) of this regulation, any enzyme preparation suitable for the acceleration of ripening and the permitted stabiliser carboxymethylcellulose, sodium salt (ii) emulsifying salts; Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 (iii) the following permitted colouring matters, namely curcumin, riboflavin (lactoflavin), capsanthin, paprika, turmeric, chlorophyll, copper complexes of chlorophyll and chlorophyllins, the pure colouring principle of the permitted colouring matters paprika and turmeric and the synthetic equivalent identical with the pure colouring principle of any natural colouring matter specified in this sub-paragraph; (iv) gelatin; (e) hard sage cheese may contain: (i) the ingredients mentioned in paragraph (a) of this regulation; (ii) sage; (iii) any green permitted colouring matter mentioned in paragraph (d) (iii) of this regulation; (f) soft sage cheese may contain: (i) the ingredients mentioned or referred to in paragraph (c) of this regulation; (ii) sage; (iii) any green permitted colouring matter mentioned in paragraph (d) (iii) of this regulation; (g) sage cheese spread may contain the ingredients mentioned or referred to in paragraph (d) of this regulation and sage; (h) Mozzarella cheese may contain the permitted colouring matter titanium dioxide; (i) blue veined cheeses, Feta cheese and Provolone cheese may contain the permitted colouring matters chlorophyll and copper complexes of chlorophyll and chlorophyllins; (j) sliced hard cheese, grated hard cheese, sliced processed cheese and grated processed cheese may contain as anti-caking agents, the permitted emulsifiers and stabilisers microcrystalline cellulose and lecithins (the latter used in combination with soya bean oil) and the permitted miscellaneous additives silicon dioxide and aluminium sodium silicate but the weight of such agents used alone or in combination shall not exceed 1% of the weight of that cheese; Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 (k) Feta, Provolone, Pecorino and Romano cheese may contain lipases from animal sources for the purposes of flavour production. PART III-LABELLING AND ADVERTISEMENT Labelling and advertisement of cheese, processed cheese, cheese spread and compound products. 12.(1) No person shall sell, consign or deliver any cheese, processed cheese or cheese spread in a container unless such container bears a label on which there appears the appropriate description or declaration specified in regulation 4, 5,6, 7 or 8 for such cheese, processed cheese or cheese spread: Provided that in the case of hard cheese, soft cheese or processed cheese which complies with regulation 4(1), 5(1) or 7(1), as the case may be, the label may bear instead of such description or declaration (a) in the case of hard cheese or soft cheese, the name of the variety of such cheese, or (b) in the case of processed cheese, the word ‘processed’ with the name of the variety of such processed cheese. (2) No person shall sell by retail any cheese, processed cheese or cheese spread otherwise than in a container unless there appears on a ticket placed on or in immediate proximity to such cheese, processed cheese or cheese spread so as to be clearly visible to an intending purchaser, the appropriate description or declaration specified in regulation 4, 5, 6, 7 or 8 for such cheese, processed cheese or cheese spread: Provided that in the case of hard cheese, soft cheese or processed cheese which complies with regulation 4(1), 5(1) or 7(1), as the case may be, the ticket may bear instead of such description or declaration (a) in the case of hard cheese or soft cheese, the name of the variety of such cheese, or (b) in the case of processed cheese, the word ‘processed’ with the name of the variety of such processed cheese. (3) No person shall sell, consign or deliver any compound product in a container unless such container bears a label on which there appears as part of the description of such product the appropriate description or declaration specified in regulation 4, 5, 6, 7 or 8 for the cheese, processed cheese or cheese spread present in such compound product together with a true description of any other food, except an ingredient permitted by regulation Ii, present in such compound product: Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 Provided that in the case of any hard cheese, soft cheese or processed cheese which complies with regulation 4(1) or 7(1), as the case may be, the label may bear instead of such description or declaration (a) in the case of hard cheese or soft cheese, the name of the variety of such cheese, or (b) in the case of processed cheese, the word ‘processed’ with the name of the variety of such processed cheese. (4) No person shall sell by retail any compound product otherwise than in a container unless there appears on a ticket placed on or in immediate proximity to such compound product so as to be clearly visible to an intending purchaser, as the description of such compound product, the appropriate description or declaration specified in regulation 4, 5 ,6 ,7 or 8 for the cheese, processed cheese or cheese spread present in such compound product together with a true description of any other food, except an ingredient permitted by regulation 11, present in such compound product: Provided that in the case of hard cheese, soft cheese or processed cheese which complies with regulation 4(1), 5(1) or 7(1), as the case may be, the ticket may bear instead of such description or declaration (a) in the case of hard cheese or soft cheese, the name of the variety of such cheese, or (b) in the case of processed cheese, the word ‘processed’ with the name of the variety of such processed cheese. (5) Notwithstanding the provisions of regulations 4, 5, 6, 7 and 8 and the preceding paragraphs of this regulation, the appropriate description of any cheese, processed cheese or cheese spread may include, if penicillium moulds have produced blue-green veining in such cheese, processed cheese or cheese spread the word ‘blue-veined’, or if such cheese, processed cheese or cheese spread contains sage, the word ‘sage’. 13.(1) Any advertisement for cheese, processed cheese or cheese spread shall include such one of the descriptions specified in regulation 4, 5, 6, 7 or 8 or such one of the declarations specified in regulation 4 or 7, as the case may be, as is appropriate to that cheese, processed cheese or cheese spread: Provided that in the case of hard cheese, soft cheese or processed cheese which complies with regulation 4(1), 5(1) or 7(1), as the case may be, the advertisement may include instead of such description or declaration Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 (a) in the case of hard cheese or soft cheese, the name of the variety of such cheese, or (b) in the case of processed cheese, the word ‘processed’ with the name of the variety of such processed cheese. (2) Any cheese, processed cheese or cheese spread which is the subject of any description contained in any advertisement in accordance with the foregoing paragraph of this regulation shall comply with the compositional requirements specified in regulation 4, 5, 6, 7 or 8 for cheese, processed cheese or cheese spread of such description. (3) Any advertisement for any compound product shall include the description of such compound product specified in regulation 12(3) and (4) and the compound product so described shall comply with the compositional requirements specified in regulation 9. (4) Notwithstanding the provisions of regulation 4, 5, 6, 7 and 8 and paragraph (1) of this regulation, the description of any cheese, processed cheese or cheese spread may include if penicillium moulds have produced blue-green veining in such cheese, processed cheese or cheese spread the word ‘blue-veined’, or if such cheese, processed cheese or cheese spread contains sage, the word ‘sage’. (5) No person shall publish or be a party to the publication of any advertisement which does not comply with this regulation. Requirements as to marking on labels on containers and on tickets. 14.(1) All letters, words and numerals required by regulation 12 to appear on a label on a container, or on a ticket, shall be easy to understand, clearly legible and indelible and, on a sale by retail, shall be marked in a conspicuous position in such a way as to be easily visible. (2) Such letters, words and numerals shall not in any way be hidden, obscured or interrupted by any other written or pictorial matter. (3) Where the declaration specified in regulation 4(2)(b) or 7(2)(b) is required by regulation 12 to appear on a label on a container, or on a ticket, that declaration shall appear in the same field of vision as the name of the cheese or processed cheese. Labelling and advertisement of cream cheese. 15. No person shall (a) give with any cheese sold by him, or display with any cheese offered or exposed by him for sale any label, whether attached to or Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 printed on the container or not, which bears any words or pictorial device, or (b) publish, or be a party to the publication of, any advertisement for cheese which includes any words or pictorial device, or (c) use on, or in connection with, the sale of cheese any description, being words, a device or a description which are or is calculated to indicate either directly or indirectly that such cheese contains cream or is made from cream, unless such cheese complies with the compositional requirement for cream cheese which is specified in regulation 5(3). PART IV.-ADMINISTRATION AND GENERAL. Penalties. 16.If any person contravenes or fails to comply with any of the foregoing provisions of these regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000. Defences. 17.(1) In any proceedings for an offence against these regulations in relation to the publication of an advertisement, it shall be a defence for the defendant to prove that, being a person whose business it is to publish or arrange for the publication of advertisements, he received the advertisement for publication in the ordinary course of business. (2) In any proceedings against the manufacturer or importer of cheese, processed cheese, cheese spread or of any compound product for an offence against these regulations in relation to the publication of an advertisement, it shall rest on the defendant to prove that he did not publish and was not a party to the publication of, the advertisement. Application of various sections of the Act. 18. Sections 46(2) and (3) (which relate to prosecutions), 47(1) and (2) (which relate to evidence of analysis), 49 (which relates to the power of a court to require analysis by the Government Chemist in the United Kingdom), 50 (which relates to a contravention due to some person other than the person charged), 51(2) (which relates to the conditions under which a warranty may be pleaded as a defence) and 52 (which relates to offences in relation to warranties and certificates of analysis) of the Act shall apply for the purposes of these regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 brought for an offence under these regulations and as if the reference in the said Section 49 to subsection (3) of Section 46 included a reference to that subsection as applied by these regulations. SCHEDULE I Column 1 Column 2 Column 3 Variety of Cheese Minimum percentage of Milk Fat in the Dry Matter Maximum percentage of Water calculated on the total weight of the cheese Cheddar 48 39 Blue Stilton 48 42 Derby 48 42 Leicester 48 42 Cheshire 48 44 Dunlop 48 44 Gloucester 48 44 Double Gloucester 48 44 Caerphilly 48 46 Wensleydale 48 46 White Stilton 48 46 Lancashire 48 48 Edam 40 46 Loaf Edam 40 46 Baby Edam 40 47 Baby Loaf Edam 40 47 Gouda 48 43 Baby Gouda 48 45 Havarti 45 50 Danablu 50 47 Danbo 45 46 Samsoe 45 44 Emmental or Emmentaler 45 40 Gruyere or Greyerzer or Gruviera 45 38 Tilsiter or Tilsit or 45 47 Food and Drugs CHEESE REGULATIONS, 1987 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1987/048 Tyizychi Limburger 50 50 Saint Paulin 40 56 Svecia 45 41 Provolone 45 47