APPENDIX 22
Memorandum from the Ministry of Agriculture,
Fisheries and Food
INTRODUCTION
1. This Memorandum of Evidence is submitted
by the Ministry of Agriculture, Fisheries and Food (MAFF) in reponse
to a request from the HoC Scottish Affairs Committee. It explains
the regulatory framework under which the drinks industry operates.
The Memorandum also considers the industry sponsorship and consumer
protection roles of MAFF as they relate to the bottled water,
soft drink and alcoholic drinks industries.
BACKGROUND
2. MAFF has lead responsibility for negotiating
EU legislation because foreign policy issues are a non-devolved
matter and relations with the EU are the responsibility of the
UK Parliament and Government. The UK negotiating position in Europe
on issues relating to devolved matters is developed by MAFF in
conjunction with the devolved administrations. However, the making
of national implementing legislation in Scotland is the responsibility
of the Scottish Executive. Responsibility for legislation in areas
solely within national competence is also the responsibility of
the Scottish Executive.
3. The responsibility for implementing the
legislation that controls the production methods for natural mineral
water, spring water and spirit drinks and provides consumer protection
where it relates to food additives, contaminants, hygiene and
labelling in Scotland has now passed to the Scottish Executive.
4. MAFF sponsors food producers, distributors,
caterers and retailers and the alcoholic drinks industry. Under
devolved arrangements, MAFF will be consulting the Scottish Executive
on matters relating to sponsorship issues in Scotland, as appropriate.
The overarching objective of this sponsorship is to promote competitiveness
in the food and drinks industry, within the framework of government
industrial policy. Current issues include the impact of wider
Whitehall policies (eg social and taxation) on the alcoholic drinks
industry, encouraging the drinks industry to participate in technology
transfer programmes, and the support of exports through the timely
issue of export certificates.
5. MAFF has responsibility for the EC regime
for processed agricultural products (non-Annex I goods) including
export refunds. These refunds are payable on basic agricultural
products (cereals, milk, sugar, rice and eggs) contained in processed
products, including spirits, beer and soft drinks. Their purpose
is to compensate manufacturers for the higher cost of using EU-sourced
raw materials under the Common Agricultural Policy. The refunds
are paid by the Intervention Board in collaboration with Customs
and Excise. Consideration is currently being given to delivery
of EU commitments in the WTO to reduce expenditure of subsidised
exports.
6. MAFF's role vis-a-vis the drinks sector
will be redefined with the transfer of certain responsibilities
to the UK Food Standards Agency, proposed for April 2000. Whilst
MAFF and the Scottish Executive will maintain roles of industry
promotion and market related activities, the Food Standards Agency
will have responsibility for food safety and consumer protection
issues (but not pricing). The Foods Standards Agency will advise
Health Ministers. A close liaison between MAFF, the Scottish Executive
and the Foods Standards Agency will be maintained along lines
defined in publicly available concordats.
BOTTLED WATERS
7. EU and UK legislation distinguishes three
categories of bottled waters that are intended for drinking: natural
mineral waters, spring waters, and bottled drinking water. Details
of the European, and UK implementing, legislation which covers
all three categories of bottled waters are given in Annex I.
8. In order to provide guidance on the legislation
covering bottled waters, officials are currently drafting Guidance
Notes for interested parties. The Guidance Notes will cover the
existing legislation, and the forthcoming amending legislation.
They will provide informal, non-statutory guidance on the legislation,
and will not give authoritative statements or interpretation of
the law, as only the courts have this power. A draft will be circulated
to interested parties for comments prior to publication.
9. The industry, in liaison with the Department
of Health, enforcement bodies and other interested organisations,
has also been developing an "Industry Guide to Good Hygiene
Practice: Bottled Water Guide". When agreed, this will provide
advice to bottled water companies on compliance with the Food
Safety (General Food Hygiene) Regulation 1995 and other hygiene
related requirements concerning the production of bottled waters.
SOFT DRINKS
10. Following the revocation of the 1964
Soft Drinks (Scotland) Regulations in 1995, there are now no legal
compositional standards for soft drinks. However, soft drinks
are subject to the general provisions of the Food Safety Act 1990,
which sets down safety limits on contaminants and additives (see
Annex II), and by the general provisions of the Food Labelling
Regulations1996 (as amended) which requires that the food is labelled
appropriately to inform the purchaser of its true nature (see
Annex III). Guidance notes on both sets of legislation have been
issued by MAFF to assist industry. The Food Advisory Committee
has also issued guidance on the content of caffeine in energy
drinks.
SPIRITS AND
BEER
11. EC and UK legislation governing the
definition, description and presentation of spirit drinks is detailed
in Annex IV. In negotiating the EC Regulation, MAFF was successful
in protecting the distinctive nature of traditional products,
such as Scotch whisky. The operation of the EU legislation is
monitored by the Spirit Drinks Implementation Committee.
12. There is currently no EC or national
compositional legislation for alcoholic drinks below 15 per cent
abv (apart from wine). However, beer is defined in the Alcoholic
Liquor Duties Act 1979 for excise duty purposes. This legislation
is the responsibility of HM Customs and Excise. Both spirit drinks
and beer are subject to food additives and contaminants legislation.
Annex I
LEGISLATION ON
BOTTLED WATERS
1. The definition, labelling and microbiological
safety standards of natural mineral waters and spring waters are
covered by EC Directive 80/777EEC, as amended by 96/70/EC. The
chemical safety of spring water, and the chemical and microbiological
safety and labelling of other bottled drinking waters, such as
"table waters" are covered by the Drinking Water Directive
98/83 (EC) (recently replacing 80/778/EEC). The Department of
the Environment, Transport and the Regions takes the lead on all
aspects of Directive 98/83 other than bottled drinking water and
water used in food production.
2. The provisions of EC Directives 80/777,
96/70 and 80/778 covering bottled waters are implemented in Great
Britain by the Natural Mineral Water, Spring Water and Bottled
Drinking Water Regulations 1999. (Similar, but separate legislation
applies in Northern Ireland). These Regulations require the recognition
of a natural mineral water (NMW) source by the relevant local
enforcement authority. Before a water can be recognised as a NMW,
it has to be demonstrated that it:
(a) is obtained from an underground source;
(b) has a stable composition;
(c) is protected from all sources of pollution;
(d) meets chemical and microbiological safety
standards; and
(e) is not subject to treatment which affects
its characteristic properties.
3. NMW must be bottled at source and cannot
be sold under more than one trade description. The name of the
source and its place of exploitation must be stated on the label
together with a statement of the analytical composition.
4. In contrast, recognition of a spring
water underground source is not required. Spring water has to
meet the same chemical and microbiological standards as tap water
and, currently, can be subject to treatment. However, like NMW,
spring water must be bottled at source, cannot be sold under more
than one trade description and the name of the source and its
place of exploitation must be included in labelling.
5. Bottled drinking water, which is not
restricted to a particular type of source, comprises bottled water
other than NMW and spring water and includes water referred to
as "table water". Bottled drinking water is required
to comply with the same compositional and microbiological standards
as tap water. The labelling of bottled drinking waters is subject
to general provisions of the Food Labelling Regulations 1996 (as
amended).
Annex II
FOOD SAFETY
1. The Food Safety Act 1990 provides the
enabling powers under which most food regulations, including those
on food labelling and composition, are made. The general provision
of the Act make it an offence for anyone to sell, or possess for
sale, food which:
— has been rendered injurious to health;
— is unfit or so contaminated that
it would be unreasonable to expect it to be consumed;
— is falsely described, advertised
or presented;
— is not of the nature, substance or
quality demanded.
2. Specific legislation dealing with the
chemical safety of additives and contaminants in food, food ingredients
and food production.
Scottish Statutory Instruments
— The Arsenic in Food (Scotland) Regulations
1959;
— The Mineral Hydrocarbons in Food
(Scotland) Regulations 1966;
— The Lead in Food (Scotland) Regulations
1979;
— The Chloroform in Food (Scotland)
Regulations 1980;
— The Tryptophan in Food (Scotland)
Regulations 1990.
GB Statutory Instruments
— The Tin in Food Regulations 1992;
— The Flavourings in Food Regulations
1992;
— The Extraction Solvents in Food Regulations
1993;
— The Pesticides (Maximum Residue Levels
in Crops, Food and Feeding Stuffs) Regulations 1994;
— The Colours in Food Regulations 1995;
— The Miscellaneous Food Additives
Regulations 1995;
— The Sweeteners in Food Regulations
1995; and
— The Contaminants in Food Regulations
1997.
Annex III
LABELLING
1. Food labelling rules are harmonised at
EU level under Directive 79/112/EEC and apply to most pre-packed
foods. These rules are implemented in Great Britain by the Food
Labelling Regulations 1996 (as amended). Similar, but separate,
legislation applies in Northern Ireland. The rules require food
labels generally to contain, amongst other information, the name
of the food, a list of ingredients and a minimum durability marking
("best before" or "use by" date).
2. The general labelling rules require that
essential particulars must be easy to understand, clearly legible
and indelible, and when the product is sold to the ultimate consumer,
the details must not be hidden, obscurred or interrupted by other
written or pictorial material. The Weights and Measures Act 1985
requires most pre-packed foods, which includes alcoholic drinks,
to carry an indication of the net quantity of the contents on
the container. The labelling rules that apply to alcoholic drinks
are complex and are summarised below.
LABELLING OF
ALCOHOLIC DRINKS
(EXCEPT WINE)
3. The label on all alcoholic drinks, except
wine, must include:
(b) the name or business name and address
of the manufacturer or packer (who may be located anywhere), or
of a seller established in the EU;
(c) the conditions of storage;
(d) the conditions of use;
(e) the place of the product`s origin if
failure to give such information might mislead the purchaser to
a material degree;
(f) the instructions for use if its proper
use would not be possible without them; and
(g) an indication of the alcoholic strength
by volume for prepacked drinks with an alcoholic strength of more
than 1.2 per cent by volume.
4. For drinks with an alcoholic strength
of 1.2 per cent by volume or less the list of ingredients in descending
order by weight must be given. The term "low alcohol"
can be used to describe drinks with an alcoholic strength of not
more than 1.2 per cent by volume. Similarly, the terms "de-alcoholised"
and "alcohol-free" can be used for drinks with an alcoholic
strength by volume of not more than 0.5 per cent and 0.05 per
cent respectively.
5. The term "non-alcoholic" cannot
be used in conjunction with a name commonly associated with an
alcoholic drink, other than "non-alcoholic wine" used
an unfermented grape juice drink for communion or sacramental
use.
Annex IV
LEGISLATION ON
SPIRIT DRINKS
AND BEER
1. Council Regulation (EEC) 1576/89 sets
down general rules for spirit drinks above 15 per cent alcohol
by volume (abv), including whisky, gin, vodka and rum. The Regulation
provides for minimum alcoholic strengths for individual categories
of spirits. Most are set at 37.5 per cent abv, but that for whisky
is set at 40 per cent. There is also protection for a number of
spirit drinks which are produced in specific geographic areas
of the EU and which are marketed with a recognised geographical
designation. For the UK, such protection is afforded to Scotch
whiske, Irish whisky and Plymouth gin.
2. Regulation 1576/89 also contains rules
on the labelling requirements for spirit drinks, together with
provisions for additives, flavourings and other substances which
are permitted for use in the production process. Member States
are required to set up national provisions for the enforcement
of this legislation. In the UK the Regulation has been implemented
by the Spirit Drinks Regulations (there are separate SIs for England
and Wales, Scotland and Northern Ireland), which are enforced
by local authority enforcement officers.
3. The Scotch Whisky Act 1988 provided for
the Scotch Whisky Order 1990 which defines Scotch whisky, whose
traditional production methods are more restrictive than those
laid down in Regulation 1576/89. As a result of devolution, the
Act was amended (by the Scotland Act 1998) to enable Scottish
Ministers to exercise in, and as regards Scotland, powers contained
within this legislation.
4. Spirit drinks and beer are subject to
additive and contaminant legislation as detailed in Annex II.
MAFF has issued guidance on N-nitroso compounds in beers.
MAFF
January 2000
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