The Specified Sugar Products
Regulations 2003
SI No. 1563
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Guidance Notes
July 2003
Important Note
This Guidance has been produced with the aim of providing informal, nonstatutory advice and should be read in conjunction with the appropriate
legislation. The text should not be taken as an authoritative statement or
interpretation of the law, as only the courts have this power. Every effort has
been made to ensure that these guidance notes are as helpful as possible.
However, it is ultimately the responsibility of individual businesses to ensure
their compliance with the law. Businesses with specific queries may wish to
seek the advice of their local enforcement agency, which will usually be the
Local Authority Trading Standards Department.
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Table of Contents
Page
1. Introduction
4
The relevant legislation
4
Legislation in the devolved assemblies
4
Purpose of the legislation
4
New Regulations – differences from the 1976 Sugars Regulations
5
2. Scope of the Regulations
6
Products covered by the regulations
6
Reserved descriptions
6
Methods of analysis
7
3. Labelling of Specified Products
7
Mandatory labelling provisions
7
Additional optional labelling provisions
8
Presentation of the labelling information
9
4. Enforcement Issues
10
Offences and penalties
10
Responsibility for enforcement
10
Coming into force date and transitional arrangements
10
Defence in relation to exports
11
5. Further Information – contact addresses
11
Annex 1 – Specified Sugar Products and their Reserved Descriptions
13
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1.
Introduction
The relevant legislation
These Guidance notes relate to the provisions of the following legislation:
•
EC Directive 2001/111 relating to certain sugars intended for human
consumption
•
The Specified Sugar Products (England) Regulations 2003 (SI 2003 No
1563)
The Specified Sugar Products (Scotland) Regulations 2003 (SI 2003 No
527)
The Specified Sugar Products (Wales) Regulations 2003 (SI 2003 No
3047 (W.290) )
The Specified Sugar Products (Northern Ireland) Regulations 2003 (SR
2003 No 301)
•
•
•
In addition, all products covered by the Regulations must also comply with the
general provisions of the Food Safety Act 19901, the general rules governing
the labelling of foods laid down by the Food Labelling Regulations 1996
(FLR), and all other relevant legislation.
Legislation in the devolved assemblies
Following the process of devolution, food legislation is now commonly made
on a separate basis in England, Scotland, Wales and Northern Ireland. This
is the case with the four separate sets of Sugar Regulations. Therefore the
England Regulations apply only in England, the Scotland Regulations apply
only in Scotland, and so on.
However, the four sets of Regulations differ only in the powers under which
they are made, and the food authorities given responsibility for enforcement.
The provisions relating to specified sugar products are identical in each of the
four sets of Regulations.
Purpose of the legislation
1
In Northern Ireland, the equivalent legislation is the Food Safety (Northern Ireland) Order 1991.
4
The above domestic Regulations came into force in England and Northern
Ireland on 12th July 2003, analagous Regulations are anticipated to be
brought into force in Scotland and Wales around November 2003. Between
them, the Regulations implement throughout the UK the provisions of EC
Directive 2001/111 relating to certain sugars intended for human
consumption. The Regulations lay down reserved descriptions for the sugar
products they cover, and provide additional labelling requirements for these
products. The Regulations also implement Commission Directive 79/796/EEC
on methods of analysis for testing certain sugars.
The Regulations revoke and replace the Specified Sugar Products
Regulations 1976 (SI No. 509) and the Specified Sugar Products
(Amendment) Regulations 1982 (SI No. 255) (which previously implemented
Directive 79/796/EEC).
New Regulations: - differences from the 1976 Sugars Regulations
The new provisions are broadly in line with those of the 1976 Regulations,
which they replace. However, the new Regulations differ on the following
points:
(i)
There are no longer reserved descriptions for icing dextrose or
powdered dextrose, icing sugar or powdered sugar, lactose, soft sugar
and white soft sugar.
(ii)
There is a new reserved description for fructose.
(iii)
The maximum permitted levels of sulphur dioxide have been removed;
these are now covered by the Miscellaneous Additives Regulations
2001.
(iv) A new provision is included which requires that glucose syrup or dried
glucose syrup containing more than 5% fructose be labelled as either
glucose-fructose or fructose-glucose syrup, depending on the relative
proportions of glucose and fructose in the product.
(v)
For products described as sugar, white sugar or extra white sugar, the
permitted loss on drying has been reduced to not more than 0.06% by
weight. The previous maximum was 0.1%.
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(vi) For products described as sugar or white sugar, the colour must be no
more than 9 points (calculated according to the specified method of
analysis). The previous maximum was 12 points. The specified method
of analysis remains the same.
(vii) Prepacked products weighing less than 20g need not be labelled with
the net weight. The previous minimum was 50g.
(viii) Specified sugars products are now subject to the general provisions of
the FLR.
2.
Scope of the Regulations
Products covered by the Regulations
Regulation 3 and Schedule 1
The Regulations apply to specified sugar products intended for human
consumption and ready for delivery to the ultimate consumer or to a catering
establishment. A “specified sugar product” means one of the sugar products
covered by the reserved descriptions in Schedule 1 of the Regulations. (The
schedule is reproduced in Annex 1 to these Guidance Notes).
However, icing sugars, candy sugars and sugar in loaf form are not covered
by the scope of the Regulations. (These products are all defined in
Regulation 2).
Reserved descriptions
Regulation 4 and 5
The Regulations provide that a product may not be described using one of the
reserved descriptions unless it meets the relevant compositional criteria laid
down in Schedule 1. In addition, the name under which a specified sugar
product is sold must be (or include) a reserved description.
The reserved descriptions may also be used in the name of a food in the
following circumstances:
a) where it is clear that the sugar product to which the reserved description
relates is only an ingredient of the food. (e.g., “sugar mouse”, “barley
sugar”)
b) where it is clear that the food is not, and does not contain, the sugar
product to which the reserved description relates. (e.g., “sugar-free gum”,
“sugar snap peas”)
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c) where it is clear that the term is being used as a customary name for a
food product and is not liable to mislead the consumer. e.g. “icing sugar“
Under the general rules of the FLR relating to ingredient listing, where a
specified sugar product is used as an ingredient in another food, an
appropriate reserved description must be used to describe that product in the
list of ingredients.
Methods of analysis
Schedule 2
The compositional and quality criteria for the specified sugar products are
determined using the methods of analysis specified in Schedule 2. The
Schedule stipulates which method is to be used in respect of each of the
compositional criteria. However, the detail of the methods themselves is
contained elsewhere in Community legislation. The Official Journal (OJ)
references are as follows:
§ Commission Directive 79/796/EEC - OJ No. L239, 22.9.79, p.24
§ Commission Regulation 1265/69/EEC - OJ No. L163, 1.7.69, p.1
3.
Labelling of Specified Sugar Products
Regulation 5 provides the labelling requirements for specified sugar products.
There are also a number of additional labelling provisions set out in the notes
to Schedule 1, some of which are optional. These are described in the
paragraph covering additional labelling provisions below.
As well as the specific labelling requirements of the Regulations, specified
sugar products are subject to the general labelling rules of the FLR. In
addition, Regulation 6 requires that any labelling information required by the
Regulations must be provided according to the manner of marking provisions
in the FLR (see page 9 general provisions).
Separate Agency Guidance Notes on the provisions of the FLR are available
from the address given in section 5 below.
Mandatory Labelling Provisions
Regulation 5 and Schedule 1, Notes 2 and 3
The Regulations provide the following mandatory labelling provisions for
specified sugar products.
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(a)
Reserved descriptions: Any specified sugar product must be labelled
with an appropriate reserved description for that product.
(b)
Dry matter content: Sugar solution, invert sugar solution and invert
sugar syrup must be labelled with the dry matter content of the product.
(c)
Invert sugar content: Sugar solution, invert sugar solution and invert
sugar syrup must also be labelled with the invert sugar content of the
product.
(d)
Crystallised invert sugar syrup: Where invert sugar syrup contains
crystals in the solution, the term “crystallised” must be added to the
description of the product e.g., “crystallised invert syrup”.
(e)
Glucose syrup: Where glucose syrup or dried glucose syrup contains
more than 5% fructose, the reserved description used must reflect this.
The reserved description must be either “glucose-fructose syrup“ or
“fructose-glucose syrup” (or “dried glucose-fructose syrup” or “dried
fructose-glucose syrup” if appropriate), where the sugar component
which is in the greater proportion is mentioned first.
Schedule 3 of the FLR provides generic names that may be used to
describe categories of ingredients in the list of ingredients. The
Schedule provides that the name “glucose syrup” may be used to
describe both glucose syrup and anhydrous glucose syrup where they
appear in an ingredients list. This flexibility does not cover glucose
syrup with more than 5% fructose; these products must be labelled as
described above.
Additional optional labelling provisions
Schedule 1, Notes 1, 4, 5 and 6
The Regulations also provide a number of optional labelling provisions.
These allow the reserved descriptions to be modified or supplemented with
additional terms, where the product meets certain requirements, as follows:
(a)
Extra-white sugar: A product meeting the requirements for the reserved
description “extra–white sugar” may alternatively carry the reserved
description “sugar” or “white sugar”.
(b)
Additional qualifying terms: Any specified sugar product
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(c)
may be labelled with commonly used qualifying terms in addition to the
reserved description, providing this labelling is not misleading. e.g.,
“granulated sugar”, “fructose: fruit sugar”.
(d)
White sugar solution: The description “white” may be used in the
labelling of “sugar solution” where the product has a colour of not more
than 25 ICUMSA units.
(e)
White invert sugar solution or syrup: The description “white” may be
used in the labelling of invert sugar solution or invert sugar syrup where
the product has a colour of not more than 25 ICUMSA units and an ash
content of not more than 0.1%.
Presentation of labelling information
Regulation 6; FLR Regulation 35,36(1) and (5) and 38
Any labelling information with which a specified sugar product is required to
be marked by the Regulations, must be presented in line with the manner of
marking provisions of the FLR (i.e., Regulations 35, 36(1) and (5) and 38).
These are explained below.
General Provisions
The general manner of marking rules require that any information with which a
product is required to be labelled must appear: on the packaging; on a label
attached to the packaging; or on a label clearly visible through the packaging.
Where a food is sold other than to the final consumer, the labelling information
may be provided alternatively in commercial documents, which either
accompany the food or are sent before or at the same time as the delivery of
the food.
Flexible Provisions
The FLR also provide some flexibility for the way in which the required
labelling information is presented for foods that are: not prepacked (i.e., sold
loose); or prepacked for direct sale.
The labelling information for these products may appear: on a label attached
to the food; or on a menu, notice, ticket or label that is readily discernible by
the intending purchaser at the place where he or she chooses the food
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Where these products are sold other than to the final consumer, the labelling
information may be provided in commercial documents, providing the
documents either accompany the food or are sent before or at the same time
as the delivery of the food.
Note - The term “prepacked for direct sale” means a food that is prepacked by
a retailer for sale by him or her on the premises where the food is packed, or
from a vehicle or stall used by him or her.
4.
Enforcement issues
Offences and penalties
Regulation 7
The Regulations create an offence where a person sells, offers for sale or
exposes for sale:
§ a food bearing one of the reserved descriptions, where that food
does not meet the requirements for the use of that reserved
description. (see section 3 above);
§ a specified sugar product that is not labelled in line with the
requirements of the Regulations.
The penalty on conviction for an offence under the Regulations is a fine not
exceeding level 5 on the standard scale (currently £5,000).
Responsibility for enforcement
Regulation 7
Local Food Authorities are responsible for the enforcement of the Regulations.
In practice this will usually be the Local Trading Standards Department.
Businesses with specific queries may wish to seek the advice of their local
enforcement agency, or home authority.
Contact details for Local Authorities are available from the Agency’s website
at www.food.gov.uk
Coming into force date and transitional arrangements
Regulations 1 and 11
The Regulations come into force on 12 July 2003.
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In addition, the Regulations provide a 12-month transitional period until 12
July 2004. Products labelled or marked before this date can continue to be
sold until stocks have been used up, providing their labelling complies with the
1976 Sugars Regulations, and the general provisions of the FLR.
Defence in relation to exports
Regulation 8
In any legal proceedings for an offence under the Regulations, it is a defence
to prove that the food in question was intended for export to a country that has
legislation analogous to the Regulations, and that the food complies with that
legislation. In the case of exports to another EEA state (i.e., one of the 15 EC
Member States as well as Norway, Liechtenstein and Iceland), the defendant
must also prove that the legislation of the importing country complies with the
provisions of the EC Sugars Directive (2001/111).
Where a product is intended for export to a country outside the EEA, and
which has no analogous legislation, the product must comply with the England
Regulations (or Scotland, Wales or Northern Ireland Regulations where
appropriate).
5.
Further information
For further information on the legislation and policy relating to Specified Sugar
Products, please contact:
Food Labelling and Standards Division - Room 115c
Food Standards Agency
Aviation House
125 Kingsway
London WC2B 6NH
Telephone: 020 7276 8154
Fax:
020 7276 8193
For further information and Guidance Notes relating to the provisions of the
Food Labelling Regulations, please write to the address above, or contact:
020 7276 8147
For further information on the legislation in the devolved administrations,
please contact:
In Wales:
Food Standards Agency Wales
1st Floor, Southgate House
11
Wood Street
Cardiff CF10 1EW
Telephone: 029 2067 8911
E-mail: [email protected]
In Scotland:
Food Standards Agency Scotland
St Magnus House
6th Floor
25 Guild Street
Aberdeen AB11 6NG
Telephone: 01224 285155
In Northern Ireland:
Food Standards Agency Northern Ireland
10C Clarendon Road
Belfast
BT1 3BG
Telephone: 028 9041 7700
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Annex 1
SPECIFIED SUGAR PRODUCTS AND THEIR RESERVED DESCRIPTIONS
1.
2.
3.
4.
Column 1
Reserved Descriptions
Column 2
Specified Sugar Products
Semi–white sugar
Purified and crystallised sucrose of sound and fair
marketable quality with the following characteristics:
Sugar or white sugar
Extra–white sugar
Sugar solution
(a)
polarisation not less than 99.5°Z
(b)
invert sugar content not more than 0.1% by
weight
(c)
loss on drying not more than 0.1% by weight
Purified and crystallised sucrose of sound and fair
marketable quality with the following characteristics:
(a)
polarisation not less than 99.7°Z
(b)
invert sugar content not more than 0.04% by
weight
(c)
loss on drying not more than 0.06% by weight
(d)
type of colour not more than nine points
determined in accordance with paragraph (2)
of Schedule 2
The product having the characteristics referred to in
paragraph 2(a), (b) and (c) of this Schedule and in respect
of which the total number of points determined according
to the provisions of paragraphs 2 to 4 of Schedule 2 does
not exceed eight, and not more than:
–
four for the colour type,
–
six for the ash content,
–
three for the colour in solution
The aqueous solution of sucrose with the following
characteristics:
(a)
dry matter not less than 62% by weight
(b)
invert sugar content (ratio of fructose to
dextrose = 1.0 + 0.2) not more than 3% by
weight of dry matter
(c)
conductivity ash not more than 0.1% by weight
of dry matter, determined in accordance with
paragraph 3 of Schedule 2
(d)
colour in solution not more than 45 ICUMSA
units
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Column 1
Reserved Descriptions
5.
Invert sugar solution
Column 2
Specified Sugar Products
The aqueous solution of sucrose partially inverted by
hydrolysis, in which the proportion of invert sugar does not
predominate, with the following characteristics:
(a)
dry matter not less than 62% by weight
(b)
invert sugar content (ratio of fructose to
dextrose = 1.0 + 0.1) more than 3% but not
more than 50% by weight of dry matter
(c)
conductivity ash not more than 0.4% by weight
of dry matter, determined in accordance with
paragraph 3 of Schedule 2
6.
Invert sugar syrup
The aqueous solution, whether or not crystallised, of
sucrose that has been partly inverted via hydrolysis, in
which the invert sugar content (fructose/dextrose quotient =
1.0 + 0.1), must exceed 50% by weight of dry matter, but
which must otherwise meet the requirements laid down in
paragraph 5(a) and (c) of this Schedule.
7.
Glucose syrup
The purified and concentrated aqueous solution of nutritive
saccharides obtained from starch and/or inulin, with the
following characteristics:
(a)
dry matter not less than 70% by weight
(b)
dextrose equivalent not less than 20% by
weight of dry matter and expressed as D–
glucose
(c)
sulphated ash not more than 1% by weight of
dry matter
8.
Dried glucose syrup
Partially dried glucose syrup with at least 93% by weight of
dry matter, but which must otherwise meet the
requirements laid down in paragraph 7(b) and (c) of this
Schedule.
9.
Dextrose or dextrose
monohydrate
Purified and crystallised D–glucose containing one
molecule of water of crystallisation, with the following
characteristics:
(a)
dextrose (D–glucose) not less than 99.5% by
weight of dry matter
(b)
dry matter not less than 90% by weight
(c)
sulphated ash not more than 0.25% by weight
of dry matter
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Column 1
Reserved Descriptions
10.
Dextrose or
anhydrous
11.
Fructose
dextrose
Column 2
Specified Sugar Products
Purified and crystallised D–glucose not containing water of
crystallisation, with at least 98% by weight of dry matter,
but which must otherwise meet the requirements laid down
in paragraph 9(a) and (c) of this Schedule.
Purified crystallised
characteristics:
D–fructose
with
the
following
fructose content 98% minimum
glucose content 0.5% maximum
loss on drying not more than 0.5% by weight
conductivity ash not more than 0.1% by weight determined
in accordance with paragraph (3) of Schedule 2
Notes:
1.
The reserved description “sugar” or “white sugar” may be used as an alternative to
the reserved description “extra–white sugar” in the case of the product described at
paragraph 3 above.
2.
In the case of invert sugar syrup incorporating crystals in the solution the qualifying
term “crystallised” shall be added to the description of the product.
3.
Where a specified sugar product described at paragraph 7 or 8 above contains
fructose in a proportion of greater than 5% on a dry matter basis the reserved
description shall be “glucose–fructose syrup” or “fructose–glucose syrup” and “dried
glucose–fructose syrup” or “dried fructose–glucose syrup” as the case may be so as
to reflect whether the glucose component or the fructose component is in greater
proportion.
4.
The products described at paragraphs 1 to 11 above may, in addition to the reserved
description, also bear commonly used qualifying terms provided that the result is not
liable to mislead the consumer.
5.
The description “white” may be used in relation to any product described at paragraph
4 above where the colour in solution does not exceed 25 ICUMSA units determined in
accordance with the method of the International Commission for Uniform Methods of
Sugar Analysis (“ICUMSA”) as set out in paragraph 3 of Chapter A of the Annex to
Regulation (EEC) No. 1265/69(a).
6.
The description “white” may be used in relation to any of the products described at
paragraphs 5 and 6 above where the conductivity ash content does not exceed 0.1%
and the colour in solution does not exceed 25 ICUMSA units determined as set out in
paragraph 1 of Chapter A of the Annex to Regulation (EEC) No. 1265/69.
7.
Specified sugar products may contain any substance permitted pursuant to
Council Directive 88/344/EEC on the approximation of the laws of Member States on
extraction solvents used in the production of foodstuffs and food ingredients(b) or
Council Directive 89/107/EEC on the approximation of the laws of Member States
(a)
(b)
OJ No. L163, 1.7.1969, p.1.
OJ No. L157, 24.6.1988, p.28.
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concerning food additives authorised for use in foodstuffs intended for human
consumption(a).
(a)
OJ No. L40, 11,2,1989, p.27.
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