Food Safety
(Ice-Cream) (Jersey) Order 1967[1]
PART 1
INTERPRETATION
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“complete cold mix”
means a product which is capable of manufacture into a mixture with the
addition of water only, is sent out by the manufacturer in airtight containers
and has been made by evaporating a liquid mixture which has already been
submitted to heat treatment not less effective than that prescribed in this Order
and to which, after such treatment, no substance other than sugar has been
added;
“ingredient”
includes sugar and any whole egg, yolk or albumen (whether or not dried, frozen
or preserved) but does not include colouring or flavouring materials or fruit,
nuts, chocolate or other similar substances;
“Law” means
the Food Safety
(Jersey) Law 1966;
“mixture”
means a product which is capable of manufacture into ice-cream by freezing
only;
“sugar” means
any soluble carbohydrate sweetening matter and for this purpose “carbohydrate”
means a substance containing carbon, hydrogen and oxygen only in which the
hydrogen and oxygen occur in the same proportion as in water.[2]
(2) Nothing
in Articles 2 and 3 and Schedule 1 shall apply to water ices,
including ice lollies.
PART 2
COMPOSITION OF ICE-CREAM
2 Standard of composition of ice-cream
Ice-cream (whether or not
it forms part of a composite article of food) intended for sale for human
consumption shall conform to the standard of composition set out in Schedule 1.
3 General prohibition of sale of ice-cream not conforming to standard
(1) No
person shall sell, or offer or expose for sale, any food intended for human
consumption under such a description as to lead an intending purchaser to
believe the person is purchasing ice-cream or a composite article of food
containing ice-cream unless the food conforms to the standard set out in Schedule 1
or, as the case may be, the composite article of food contains food which
conforms to that standard.
(2) Where
a person sells any food to a purchaser in response to a request for ice-cream
or for a composite article of food containing ice-cream the person shall be deemed
to sell ice-cream or, as the case may be, a composite article of food
containing ice-cream unless the person clearly notifies the purchaser at the
time of sale that the food is not, or as the case may be, the composite article
of food does not contain, ice-cream.
PART 3
MANUFACTURE OF ICE-CREAM
4 Requirements
relating to the manufacture of ice-cream
The requirements set out
in Schedule 2 shall be observed in the manufacture of ice-cream intended
for sale for human consumption.
5 Requirements relating to the sale of ice-cream
Ice-cream shall not be
sold or offered for sale for human consumption unless –
(a) the
relevant provisions of Schedule 2 have been complied with in relation to
its manufacture; and either
(b) it
has been kept at a temperature not exceeding 28ºF (-2.22ºC) since it
was frozen; or
(c) if
its temperature has risen above 28ºF (-2.22ºC) at any time since it
was frozen, it has again been subjected to the treatment (if any) to which as a
mixture it was required to be subjected under paragraph 2 of the said Schedule 2
or would have been required to be subjected thereunder but for paragraph 1 of
that Schedule and, after having again been frozen, has been kept at a
temperature not exceeding 28ºF (-2.22ºC).
PART 4
GENERAL
6 Offences
(1) Any
person who contravenes or fails to comply with any provision of this Order
shall be guilty of an offence.
(2) Articles 48(1),
50, 51, 53(2) and 54 of the Law shall apply for the purposes of this Order as
if references therein to proceedings, or a prosecution, under or taken or
brought under the Law included references to proceedings, or a prosecution, as
the case may be, taken or brought for an offence under this Order.
7 Penalties
Any person guilty of an
offence under this Order shall be liable to a fine not exceeding £100 or
to imprisonment for a term not exceeding 3 months, or to both such fine and
such imprisonment, and, in the case of a second or subsequent offence, to a
fine not exceeding £1,000 or to imprisonment for a term not exceeding 2
years, or to both such fine and such imprisonment.
8 Citation
This Order may be cited
as the Food Safety (Ice-Cream) (Jersey) Order 1967.[3]
SCHEDULE
1
(Article 2)
STANDARD OF COMPOSITION OF
ICE-CREAM
1. The
standard of composition of ice-cream (whether or not it forms part of a
composite article of food) shall be as follows –
(a) ice-cream shall contain not less than 5% fat
and 7½% milk solids other than fat so, however, that where ice-cream
contains any fruit, fruit pulp or fruit puree it shall either conform to the
aforementioned standard or, alternatively, the total content of fat and milk
solids other than fat shall be not less than 12½% of the whole including
fruit, fruit pulp or fruit puree, as the case may be, and such total content of
fat and milk solids other than fats shall include not less than 7½% fat
and 2% milk solids other than fat:
Provided that as
respects any ice-cream sold, or offered or exposed for sale, under any of the
descriptions hereinafter specified in this sub-paragraph, or under any such
other description as is calculated to lead an intending purchaser to believe
that the purchaser is purchasing ice-cream of any such description as is so
specified, the standard of composition shall be as follows –
(i) Dairy Ice-Cream,
Dairy Cream Ice or Cream Ice shall in each case contain not less than 5% milk
fat and no other fat (save as may be introduced by the use in the manufacture thereof
of any egg, any flavouring substance or any emulsifying or stabilising agent)
and not less than 7½% milk solids other than fat, so, however, that
where any Dairy Ice-Cream, Dairy Cream Ice or Cream Ice contains any fruit,
fruit pulp or fruit puree it shall either conform to the standard of
composition for that ice-cream or, alternatively, the total content of milk fat
and mild solids other than fat shall be not less than 12½% of the whole
including the fruit, fruit pulp or fruit puree, as the case may be, and such
total content of milk fat and milk solids other than fat shall include not less
than 7½% milk fat and no other fat (save as may be introduced by the use
in the manufacture thereof of any egg, any flavouring substance or any
emulsifying or stabilising agent) and not less than 2% milk solids other than
fat,
(ii) Milk
Ice, or Milk Ice containing any fruit, fruit pulp or fruit puree, shall contain
not less than 2½% milk fat and no other fat (save as may be introduced
by the use in the manufacture thereof of any egg, any flavouring substance or
any emulsifying or stabilising agent) and not less than 7% milk solids other
than fat,
(iii) “Parev”
(Kosher) ice shall contain not less than 10% fat and no milk fat or other
derivative of milk;
(b) no
ice-cream of any description shall contain any artificial sweetener.
2. In
this Schedule –
(a) “artificial
sweetener” means any chemical compound which is sweet to the taste, and
the expression includes polyhydric alcohols but does not include sugar or any
other carbohydrate;
(b) each
reference to any proportion or percentage means that proportion or percentage
by weight.
SCHEDULE
2
(Article 4)
REQUIREMENTS RELATING TO
THE MANUFACTURE OF ICE-CREAM
1. Where
a complete cold mix is used which is reconstituted with wholesome drinking
water and to which nothing is added other than sugar, colouring or flavouring
materials, fruit, nuts, chocolate or other similar substances, the reconstituted
mixture shall be converted into ice-cream within one hour of reconstitution.
2. Subject
to the provisions of paragraph 3, in any case other than that referred to in paragraph
1 after the ingredients have been mixed together the following provisions shall
apply –
(a) the
mixture shall not be kept for more than one hour at any temperature which
exceeds 45ºF (7.22ºC) before being pasteurised or sterilised in
accordance with sub-paragraph (b);
(b) the mixture shall be
subjected to one or other of the methods of pasteurization or sterilization set
out hereunder –
Pasteurization
METHOD 1
The mixture shall be raised
to and kept at a temperature of not less than 150ºF (65.55ºC) for at
least 30 minutes.
METHOD 2
The mixture shall be raised
to and kept at a temperature of not less than 160ºF (71.11ºC)
for least 10 minutes.
METHOD 3
The mixture shall be raised
to and kept at a temperature of not less than 175ºF (79.44ºC)
for at least 15 seconds.
Sterilization
The mixture shall be raised
to and kept at a temperature of not less than 300ºF (148.88ºC) for at
least 2 seconds;
(c) the apparatus used for
subjecting the mixture to pasteurization by Method 3 or to sterilization shall
be thermostatically controlled and shall be fitted with positive displacement
pump or such other device as may be approved by the Minister for ensuring a
constant rate of flow of the mixture during its retention at the specified
temperature and also with a device which, if any mixture has not been raised to
the specified temperature, will automatically divert the flow of any such
mixture or, as an alternative in the case of sterilisation, stop the apparatus;
(d) after the mixture has
been pasteurised or sterilised as aforesaid it shall be reduced to a
temperature of not more than 45ºC (7.22ºC) within 1½ hours and
shall be kept at such a temperature until the freezing process is begun:
Provided that –
(i) this
requirement shall not apply to a mixture which has been sterilised in
accordance with the requirements of sub-paragraph (b) if, immediately
after the mixture has been so sterilised, it is placed in sterile airtight
containers under sterile conditions and the containers remain unopened,
(ii) the
temperature of a mixture may be allowed to rise above 45ºF (7.22ºC)
when added to a mixture having a pH value of 4.5 or less) for the preparation
of water ice or other similar frozen confection if the combined mixture is
frozen within one hour of the combination;
(e) any mixture to which sub-paragraph (d)(i)
applies shall, on the container being opened, be reduced forthwith to a
temperature of not more than 45ºF (7.22ºC) and shall be kept at such
a temperature until the freezing process is begun;
(f) such indicating
and recording thermometers shall be used as the Minister may reasonably require
for ensuring that the foregoing provisions relating to the temperature to or at
which the mixture is raised, kept or reduced have been complied with;
(g) the records of any
thermometers used to record temperatures to or at which the mixture is raised,
kept or reduced shall be preserved for a period of not less than one month;
(h) all apparatus used for
the purposes of this paragraph shall be installed, maintained and operated to
the satisfaction of the Minister.
3. The
requirements set out in paragraph 2 shall not apply to any mixture (whether
containing milk solids or not) used, either alone or with other mixtures, in
the manufacture of water ice or other similar frozen confection if the mixture
has a pH value of 4.5 or less.