Other Products: Jam and Jelly to Curds and Mincemeat

1 Introduction

The production of fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption are all subject to Directive 2001/113/EC which, in England,¹ are implemented by The Jam and Similar Products (England) Regulations 2003.² The 2003 Regulations also extend the range of products covered under the Directive to include fruit curd, lemon cheese, flavoured curd and mincemeat.

The Food Standards Agency (FSA) has issued The Jam and Similar Products Regulations 2003: Guidance Notes³ with the aim of providing informal, non-statutory advice for food business operators. The Regulations do not apply to specified products intended for use in the manufacture of bakery products, pastries and biscuits. The FSA explains that:

These products have been specifically excluded from the Regulations because they normally require the addition of certain additives and flavourings to enable them to withstand the processing conditions required in the production of bakery wares. If any jam-like substance is intended for use in bakery wares, pastries or biscuits (regardless of whether its composition meets the requirements for ‘jam’), then the Jam Regulations do not apply to it. This is because it is the use or intended use of a substance which brings it within the scope of the exemption in Regulation 3, and not the composition of the product.⁴

One consequence of this is that labelling the jam filling of a jam tart ‘jam’ or the lemon curd filling of a lemon tart ‘lemon curd’ which does not meet the specified compositional requirements would not be a breach of the 2003 Regulations.⁵

The products covered by the 2003 Regulations are also subject to the general provisions of the Food Safety Act 1990, the general rules contained in The Food Labelling Regulations 1996⁶ and other horizontal legislation, including that on food additives, sweeteners and food contact materials.

Throughout the first half of 2013 the Department of the Environment, Food and Rural Affairs (Defra) undertook a consultation on the draft Jam and Similar Products (England) Regulations 2013. Defra reviewed, as part of the Red Tape Challenge, all existing rules covering food labelling and compositional standards, including The Jam and Similar Products (England) Regulations 2003, and determined to act on requests from industry to lower the soluble solids content (sugar level) in order to bring the 2003 Regulations into line with changes made in some other European countries, particularly France and Germany. Other proposed changes include the removal of the specific category for ‘reduced sugar jams’ and removing national provisions for curds and mincemeat.

In October 2013 Defra decided to reduce the permitted sugar level for jams, jellies and marmalades from 60% to 50%, remove the limit for ‘reduced sugar jam’ and the provisions for curds and mincemeat. Traditional jam advocates argue that reducing permitted sugar levels from 60% to 50% will destroy the characteristic quality of British jams, jellies and marmalades and could mislead consumers. A fuller account is provided on the Artisan Food Law blog.

The regulations to amend the 2003 Regulations have yet, however, to be laid before Parliament and, for now, the latter remain in force.

 

2 Reserved Descriptions and Compositional Standards

In relation to any specified jam or similar product a ‘reserved description’ means ‘jam’, ‘extra jam’, ‘jelly’, ‘extra jelly’, ‘jelly marmalade’, ‘marmalade’, ‘sweetened chestnut purée’, ‘X curd’, ‘lemon cheese’, ‘Y flavour curd’ and ‘mincemeat’.⁷ The nature of ‘X’ and ‘Y’ are explained below.

2.1 Jam and Extra Jam

‘Jam’ is a mixture, brought to a suitable gelled consistency, of sugars, the pulp or purée or both of one or more kinds of fruit and water. The quantity of pulp or purée or both used for the manufacture of every 1,000g of finished product must not, depending upon the fruit used, be less than:

Redcurrants, rowanberries, sea-buckthorns, blackcurrants, rosehips and quinces	250g
Ginger	150g
Cashew apples	160g
Passion fruit	60g
Any other fruit	350g

‘Extra jam’ is a mixture, brought to a suitable gelled consistency, of sugars, the unconcentrated pulp of one or more kinds of fruit and water. However, rosehip extra jam and seedless raspberry, blackberry, blackcurrant, blueberry and redcurrant extra jam may be obtained from the unconcentrated purée of that fruit, or a mixture of the unconcentrated pulp and purée of that fruit, and water. Apples, pears, clingstone plums, melons, watermelons, grapes, pumpkins, cucumbers and tomatoes may not be used mixed with others in the manufacture of extra jam.

The quantity of fruit pulp or purée or both used for the manufacture of 1,000g of finished product must not, depending upon the fruit used, be less than:

Redcurrants, rowanberries, sea-buckthorns, blackcurrants, rosehips and quinces.	350g
Ginger	250g
Cashew apples	230g
Passion fruit	80g
Any other fruit	450g

2.2 Jelly and Extra Jelly

‘Jelly’ is an appropriately gelled mixture of sugars and fruit juice or aqueous extract of fruit or both. The quantity of fruit juice or aqueous extract of fruit or both used for every 1,000g of finished product must not, depending upon the fruit used, be less than:

Redcurrants, blackcurrants, rosehips, rowanberries, sea buckthorns or quinces.	250g
Ginger	150g
Cashew apples	160g
Passion fruit	60g
Any other fruit	350g

In the case of ‘extra jelly’, apples, pears, clingstone plums, melons, watermelons, grapes, pumpkins, cucumbers and tomatoes may not be used mixed with others. The quantity of fruit juice or aqueous extract of fruit, or both, used for every 1,000g of finished product must not, depending upon the fruit used, be less than:

Redcurrants, blackcurrants, rosehips, rowanberries, sea buckthorns or quinces.	350g
Ginger	250g
Cashew apples	230g
Passion fruit	80g
Any other fruit	450g

In the case of both ‘jelly’ and ‘extra jelly’ these quantities are calculated after deduction of the weight of water used in preparing the aqueous extracts.

2.3 Marmalade

‘Marmalade’ is a mixture, brought to a suitable gelled consistency, of water, sugars and fruit pulp, fruit purée, fruit juice, fruit peel or aqueous extract of fruit or any combination but in all cases obtained from citrus fruit. The quantity of citrus fruit used for every 1,000g of finished product must not be less than 200g, of which not less than 75g must be obtained from the endocarp.⁸

The name ‘jelly marmalade’ may be used where the product contains no insoluble matter except possibly for small quantities of finely sliced peel.

2.4 Sweetened Chestnut Puree

‘Sweetened chestnut purée’ is a mixture, brought to a suitable consistency, of water, sugar and at least 380g of chestnut (Castanea sativa) purée for every 1,000g of finished product.

2.5 Fruit Curd

An ‘X curd’ is an emulsion of edible fat or oil or both, sugar, whole egg or egg yolk or both, and any combination of fruit, fruit pulp, fruit purée, fruit juice, aqueous extract of fruit or essential oils of fruit, with or without other edible ingredients, where the quantity of:

1. Fat and oil used for every 1,000g of finished product is not less than 40g.

2. Whole egg and egg yolk used for every 1,000g of finished product is not less than 6.5g of egg yolk solids.

3. Fruit, fruit pulp, fruit purée, fruit juice, aqueous extract of fruit, and essential oil of fruit is sufficient to characterise the finished product.

Where ‘X’ is the name of a particular type of fruit, ‘mixed fruit’ or the word ‘fruit’ preceded by an indication of the number of types of fruit used.

2.6 Lemon Cheese

‘Lemon cheese’ is a food which conforms to the description for a fruit curd (see above) appropriate for lemon curd.

2.7 Flavour Curd

A ‘Y flavour curd’ is an emulsion of edible fat or oil or both, sugar, whole egg or egg yolk or both, and flavouring material with or without other edible ingredients, where the quantity of:

1. Fat and oil used for every 1,000g of finished product is not less than 40g.

2. Whole egg and egg yolk used is such that every 1,000g of finished product contains not less than 6.5g of egg yolk solids.

3. Flavouring material used is sufficient to characterise the product.

Where ‘Y’ is the name of a particular type of fruit or ‘mixed fruit’.

2.8 Mincemeat

A mixture of sweetening agents, vine fruits, citrus peel, suet or equivalent fat and vinegar or acetic acid, with or without other edible ingredients, where the quantity of:

1. Vine fruits and citrus peel used for every 1,000g of finished product is not less than 300g, of which not less than 200g consists of vine fruits.

2. Suet or equivalent fat used for every 1,000g of finished product is not less than 25g.

In this context ‘sweetening agent’ means any sugar product defined in the Annex to Directive 2001/111/EC relating to certain sugars intended for human consumption, brown sugar, cane molasses or honey as defined in Directive 2001/110/EC relating to honey.⁹

2.9 Mixtures of Types of Fruit, Soluble Dry Matter Content and Excluded Products

In the case of a product prepared from a mixture of types of fruit, the minimum quantities specified for the various types of fruit are to be reduced in proportion to the relative quantities of the types of fruit used. The FSA guidance provides helpful examples of how this works in practice.¹⁰

The products described paragraphs 2.1 to 2.8 above must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for those products:

1. Where sugars have been wholly or partially replaced by permitted sweeteners.

2. Labelled ‘reduced sugar’ which may have a soluble dry matter content of not less than 25% and not more than 50%.

3. Described in paragraphs 2.5 to 2.8 above which must have a soluble dry matter content of 65% or more.

A product described in paragraphs 2.1 to 2.4 above is not a specified jam or similar product within the meaning of the 2003 Regulations if it contains any additional ingredient other than the permitted additional ingredients:¹¹

1. Honey as defined in Directive 2001/110/EC.

2. Fruit juice, but only in jam.

3. Citrus fruit juice and in products obtained from other types of fruit, but only in jam, extra jam, jelly and extra jelly.

4. Red fruit juices, but only in jam and extra jam manufactured from rosehips, strawberries, raspberries, gooseberries, redcurrants, plums and rhubarb.

5. Red beetroot juice, but only in jam and jelly manufactured from strawberries, raspberries, gooseberries, redcurrants and plums.

6. Essential oils of citrus fruits, but only in marmalade and jelly marmalade.

7. Edible oils and fats as anti-foaming agents.

8. Liquid pectin.

9. Citrus peel, but only in jam, extra jam, jelly and extra jelly.

10. Leaves of Pelargonium odoratissimum, but only in jam, extra jam, jelly and extra jelly, where they are made from quince.

11. Spirits, wine and liqueur wine, nuts, aromatic herbs, spices, vanilla and vanilla extracts.

12. Vanilline.

13. Any substance permitted pursuant to Regulation (EC) 1333/2008 on food additives.

Furthermore, a product in paragraphs 2.1 to 2.4 must not contain any of the following raw materials which have been subjected to any treatment other than the following treatments:¹²

1. Fruit, fruit pulp, fruit purée and aqueous extract of fruit may be heated, chilled or frozen, freeze-dried or concentrated to the extent technically possible.

2. Fruit, fruit pulp, fruit purée and aqueous extract of fruit may, except in relation to extra jam or extra jelly, be sulphited, that is to say sulphur dioxide (E 220) or its salts (E 221, E 222, E 223, E 224, E 226 and E 227) may be used as an aid to manufacture provided the maximum sulphur dioxide content laid down in Directive 95/2/EC is not exceeded.

3. Apricots and plums to be used in the manufacture of jam may also be treated by other drying processes apart from freeze-drying.

4. Citrus peel may additionally be preserved in brine.

The above provisions relating to permitted additional ingredients and permitted treatments do not apply to mincemeat and fruit curds, paragraphs 2.5 to 2.8 above, in which any added ingredient may be used subject to general food law provisions.

 

3 Labelling

Reserved descriptions are controlled sales names that apply to specified products. The 2003 Regulations provide that no person may sell any food with a label, whether or not attached to or printed on the wrapper or container, which bears, comprises or includes any reserved description, any derivative or any word or description substantially similar unless:¹³

1. The food is the specified jam or similar product to which the reserved description relates.

2. The description, derivative or word is used in a context which explicitly or by clear implication indicates that the substance to which it relates is only an ingredient of that food.

3. The description is used in addition to the name of the food and in accordance with practices used to designate other products which cannot be confused with a specified jam or similar product. For example, ‘aspic jelly’, ‘jelly beans’, ‘jelly babies’, ‘jelly tots’, ‘jellied eels’, etc.¹⁴

The reserved descriptions are names prescribed by law for the purposes of The Food Labelling Regulations 1996.¹⁵ The name under which a specified product is sold must be or include a reserved description.

A specified jam or similar product must be marked or labelled with the following particulars:¹⁶

1. The reserved description of the product.

2. Where a product has a residual sulphur dioxide content of more than 10mg per kg in addition to any other particular required to be identified in a list of ingredients by the 1996 Regulations, the residual content must be identified in the list of ingredients according to the percentage by weight of the residue in the product as ‘sulphur dioxide’.

3. Any product in paragraphs 2.1 to 2.4 above must be marked or labelled, in the case of a product prepared from a single type of fruit, an indication of that type of fruit; where prepared from two types of fruit, an indication of those types of fruit in descending order of the weight of the fruit pulp, fruit purée, fruit juice, fruit peel and aqueous extract of fruit used in the preparation of the product; and where prepared from three or more types of fruit, an indication of those types of fruit in descending order of the weight of the fruit pulp, fruit purée, fruit juice, fruit peel and aqueous extract of fruit used in the preparation of the product or alternatively the words 'mixed fruit' or similar wording or the number of types of fruit used in the preparation of the product.

4. An indication of the proportion of fruit used in the preparation of the product in the form ‘prepared with Xg of fruit per 100g’, where ‘X’ is the quantity in grams of fruit from which the fruit pulp, fruit purée, fruit juice, fruit peel and aqueous extract of fruit used for every hundred grams of the finished product are derived.

5. Except where a nutritional claim as regards sugar content is made and the product is marked or labelled, as regards sugar content, with the prescribed nutrition labelling,¹⁷ an indication of the total sugar content in the form ‘total sugar content: Yg per 100 g’, where ‘Y’ is the content in grams of soluble solids in each hundred grams of the product, determined by refractometer at 20°C, the content shown being accurate to ±3 refractometric degrees.

The particulars with which the product is required to be marked or labelled in accordance with paragraph b) and c) above must appear in the labelling of the food in the same field of vision as the name of the product and in clearly visible characters.

So far as the manner or style of marking is concerned, the requirements of the 1996 Regulations¹⁸ apply to the particulars with which a specified jam or similar product is required to be marked or labelled as if they were particulars required to be marked or labelled by the 1996 Regulations.

 

4 Offences and Penalties

Any person who contravenes or fails to comply with the requirements concerning labelling and marking of jam and specified products is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.¹⁹ The responsibility for enforcement of the requirements rests with the local food authority.

The defences and other provisions which apply under the Food Safety Act 1990 also apply in proceedings brought under the 2003 Regulations and include:

1. Section 2 and the extended meaning of sale etc.

2. Section 3 on the presumption that food is intended for human consumption.

3. Section 20 concerning offences due to the fault of another person.

4. Section 21 and the defence of due diligence.