The Food (Miscellaneous Revocations and Amendments) Regulations 1995

Made: 18th December 1995

Laid before Parliament: 18th December 1995

Coming into force: 1st January 1996

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1), (2) and (3), 17, 18(1)(c), 26(1)(a), (2)(e) and (3), 31 and 48(1) of, and paragraphs 1 and 5 of Schedule 1 to, the Food Safety Act 1990[^f00001] and of all other powers enabling them in that behalf; the Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated[^f00002] for the purposes of section 2(2) of the European Communities Act 1972[^f00003] in relation to the common agricultural policy of the European Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of the Act of 1990 with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations (insofar as the Regulations are made in exercise of the powers conferred by the said sections of the said Act of 1990), hereby make the following Regulations:

Title and commencement

1

These Regulations may be cited as the Food (Miscellaneous Revocations and Amendments) Regulations 1995 and shall come into force on 1st January 1996.

Revocations

2

• (1) Subject to paragraph (2) below, the Orders and Regulations specified in column 1 and 2 of the Schedule to these Regulations are hereby revoked to the extent specified in relation thereto in column 3 of that Schedule.

• (2) Insofar as any provision revoked by paragraph (1) above has effect in Northern Ireland, the revocation of that provision shall not extend to Northern Ireland.

Amendments

3

In regulation 2(1) of the Cocoa and Chocolate Products Regulations 1976[^f00004] and regulation 2(1) of the Cocoa and Chocolate Products (Scotland) Regulations 1976[^f00005] for the definition of“ice cream” there shall be substituted the following—

• “ice cream” means food corresponding to the description “ice cream” in Schedule 8 to the Food Labelling Regulations 1995;

THE SCHEDULE — REVOCATIONS

Signed

Angela Browning — Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food — 13th December 1995

Signed by authority of the Secretary of State for Health

Cumberlege — Parliamentary Under Secretary of State, — 14th December 1995

Signed by the authority of the Secretary of State for Wales

Rod Richards — Parliamentary Under Secretary of State, — 18th December 1995

Lindsay — Parliamentary Under Secretary of State, — 12th December 1995

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke the following instruments—

• (a) The Food Standards (General Provisions) Order 1944

• (b) The Food Standards (Fish Cakes) Order 1950

• (c) The Skimmed Milk with Non-Milk Fat Regulations 1960

• (d) The Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960

• (e) The Soft Drinks Regulations 1964

• (f) The Soft Drinks (Scotland) Regulations 1964

• (g) The Ice-Cream Regulations 1967

• (h) The Ice-Cream (Scotland) Regulations 1970

Amending instruments to those revoked and references to them in other instruments (specified in the Schedule) are also revoked.

Both Orders mentioned above were made under regulation 2 of the Defence (Sale of Food) Regulations 1943 and, in relation to Great Britain, were the only Orders made under the said regulation 2 which remained in force. The Food Standards (Fish Cakes) Order 1950 prescribed a compositional standard for fish cakes and compliance with that standard was required by the Food Standards (General Provisions) Order 1944.

The Skimmed Milk with Non-Milk Fat Regulations 1960 and Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960 imposed requirements in relation to labelling and advertising. The remainder of the Regulations mentioned in the first paragraph above specified compositional standards, imposed requirements as to labelling and, for ice cream, advertising.

Provisions concerning the use of the description “ice-cream” and the description “low calorie” in relation to soft drinks appear in the Food Labelling Regulations 1995.

These Regulations also amend the definition of “ice cream” in the Cocoa and Chocolate Products Regulations 1976 and in the Cocoa and Chocolate Products (Scotland) Regulations 1976.

Footnotes

[^f00001]: 1990 c. 16; “the Ministers” is defined in section 4(1) of the Act.

[^f00002]: S.I. 1972/1811.

[^f00003]: 1972 c. 68.

[^f00004]: S.I. 1976/541, to which there are amendments not relevant to these Regulations.

[^f00005]: S.I. 1976/914, to which there are amendments not relevant to these Regulations.