The Preservatives in Food (Scotland) Regulations 1989

means, as respects any permitted preservative or any food, a name or description or a name and description sufficiently specific, in each case, to indicate to an intending purchaser the true nature of the permitted preservative or of the food, as the case may be, to which it is applied;

includes wafers, rusks, crispbreads, oatcakes, matzos and chocolate-coated, chocolate-filled or chocolate-flavoured biscuits;

has the meaning assigned to it by the Bread and Flour (Scotland) Regulations 1984;

means any food which— (a) is in a hermetically sealed container, and (b) (a) has been sufficiently heat processed to destroy any Clostridium botulinum in the food or its container, or (ii) has a pH of less than 4.5, and “canned”, in relation to any food, shall be construed accordingly;

means any substance containing carbon, hydrogen and oxygen only in which the hydrogen and oxygen occur in the same proportion as in water;

means the European Economic Community;

means wine, grape must, sparkling wine, aerated sparkling wine, liqueur wine, semi-sparkling wine and aerated semi-sparkling wine as respectively defined in Annex 1 to Council Regulation (EEC) No. 822/87 on the common organisation of the market in wine;

means food containing two or more ingredients;

has the meaning assigned to it by the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977;

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;

includes any harbour, moorings, wharf, pier, jetty or other works in or at which food can be shipped or unshipped and any warehouse, transit shed or other premises used in connection therewith for the temporary storage or loading for despatch of food which is unshipped or to be shipped;

includes flavouring essence and flavouring extract and means any product consisting of a flavouring agent and such other substances, if any, the use of which in food is not forbidden and which are reasonably necessary to produce a solid, a solution or an emulsion, but no other ingredient or ingredients;

means any sapid or odorous substance capable of imparting and primarily intended to impart a specific and distinctive taste or odour to food, but does not include herbs, spices, onions, garlic, salt, fruit juices, soft drinks, fruit acids, acetic acid, any carbohydrate material, any purine derivative, any preparation of yeast, coffee or chicory or any substances prepared by the hydrolysis of protein-containing materials;

means a solution of carbohydrate sweetening matter containing sufficient flavouring to provide, after dilution with milk or water, a drink with that flavour;

means any solid or semi-solid product complete in itself and suitable for consumption without further preparation or processing other than heating, of which the characteristic ingredient, apart from any filling, is ground cereal, whether or not flavoured, coated with or containing any carbohydrate sweetening matter, chocolate or cocoa;

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;

means any pre-packed liquid which complies with the requirements in the Soft Drinks (Scotland) Regulations 1964 as to the composition of any soft drink for consumption without dilution and which is clearly and legibly labelled as intended for freezing before consumption;

has the meaning assigned to it by the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977;

means the product obtained by processing fruit, fruit pulp or purée and carbohydrate sweetening matter, with or without the addition of other substances, to a suitable consistency by the application of heat and which is not a product as described in column 2 of Schedule 1 to the Jam and Similar Products (Scotland) Regulations 1981;

means a sealed container which is airtight and impermeable to gases;

includes use in the preparation of food for human consumption;

has the meaning assigned to it by the Ice-Cream (Scotland) Regulations 1970;

means a part of a consignment, which part has throughout the same characteristics such as variety of fruit, degree of ripeness and type of packaging.

means any antioxidant in so far as its use is permitted by the Antioxidants in Food (Scotland) Regulations 1978;

means any colouring matter in so far as its use is permitted by the Colouring Matter in Food (Scotland) Regulations 1973;

means any emulsifier in so far as its use is permitted by the Emulsifiers and Stabilisers in Food (Scotland) Regulations 1980;

means any miscellaneous additive in so far as its use is permitted by the Miscellaneous Additives in Food (Scotland) Regulations 1980;

means any preservative specified in columns 1 and 2 of Part I of Schedule 1 or, subject to the provisions of paragraph (2) of this regulation, specified in columns 3 and 4 of that Part of that Schedule which, in either case, satisfies the specific purity criteria in relation to that preservative specified or referred to in Part II of that Schedule, and, so far as is not otherwise provided by any such specific purity criteria, satisfies the general purity criteria specified in Part III of that Schedule, or any mixture of two or more such preservatives;

means any solvent in so far as its use is permitted by the Solvents in Food (Scotland) Regulations 1968;

means any stabiliser in so far as its use is permitted by the Emulsifiers and Stabilisers in Food (Scotland) Regulations 1980;

means any sweetener in so far as its use is permitted by the Sweeteners in Food (Scotland) Regulations 1983;

means made up in advance ready for retail sale in or on a container;

means any substance which is capable of inhibiting, retarding or arresting the growth of micro-organisms or any deterioration of food due to micro-organisms or of masking the evidence of any such deterioration but does not include— (a) any permitted antioxidant, (b) any permitted colouring matter, (c) any permitted emulsifier, (d) any permitted miscellaneous additive, (e) any permitted solvent, (f) any permitted stabiliser, (g) any permitted sweetener, (h) vinegar, (i) any soluble carbohydrate sweetening matter, (j) potable spirits or wines, (k) herbs, spices, hop extract or flavouring agents when used for flavouring purposes, (l) common salt (sodium chloride), (m) any substance added to food by the process of curing known as smoking;

includes chips, sliced potatoes, diced potatoes and potatoes which have undergone the culinary process known as “blanching”;

means any sale to a person buying otherwise than for the purposes of re-sale, but does not include a sale to a caterer for the purposes sof his catering business, or a sale to a manufacturer for the purpose of his manufacturing business;

means a liquid, thickened or unthickened, frozen or otherwise, used as a garnish with food and having a colour and flavour derived essentially from ingredients other than meat, but does not include mustard, gravy sause or any product having characteristics similar to gravy;

includes offer or expose for sale or have in possession for sale, and “sale” and “sold” shall be construed accordingly;

means treating food with smoke or smoke solutions derived from wood or ligneous vegetable matter in the natural state, and excludes smoke or smoke solutions derived from wood or ligneous vegetable matter which has been impregnated, coloured, gummed, painted or otherwise treated in a similar manner;

has the meaning assigned to it by the Soft Drinks (Scotland) Regulations 1964;

means any food of a description specified in column 1 of Schedule 2;

has the meaning assigned to it by the Specified Sugar Products (Scotland) Regulations 1976;

means a hermetically sealed container which has been sufficiently heat processed to destroy any Clostridium botulinum in the container or in any food which is in the container;

means containing any added soluble carbohydrate sweetening matter or added permitted sweetener and “unsweetened” shall be construed accordingly.

means the Food and Drugs (Scotland) Act 1956;