We have recently been forwarded this email from Sir Graham Watson MEP in response to a query from a councillor on the re-use of jam jars for sale at community events (following a news article falsely reporting the EU was banning this practice).

Many thanks for your email regarding the nonsense in papers suggesting the EU was banning the re-use of jam jars. This unsurprisingly isn’t the case.

The European Commission office in London has also written to newspaper editors to try and clarify the situation, you can see their letter here. The legislation has been in effect since 2004, but funnily enough no domestic jam makers have been prosecuted as the rules are designed for commercial producers.

The legislation in question is Regulation EC No 852/2004 and under Article 3 it prevents business from reusing food receptacles unless they are specifically designed for re-use. Recital number 9 of the legislation states the “Community rules should not apply either to primary production for private domestic use, or to the domestic preparation, handling or storage of food for private domestic consumption.” In addition subsequent guidance issued on the interpretation of the legislation has also stated that for the occasional handling, preparation, storage and serving of food by private persons at events such as church, school or village fairs are not covered by the scope of the Regulation. It goes on to state somebody who handles, prepares, stores or serves food occasionally and on a small scale (e.g. a church, school or village fair and other situations such as  organised charities comprising individual volunteers where  the food is prepared occasionally)  cannot be considered as a business “undertaking” and thus is not covered by the legislation.

The problem appears to have been that the UK’s own Food Standards Agency, who understandably want to encourage good hygiene in food preparation, suggest individuals shouldn’t reuse jam jars. But this is their own FSA  “best practice” advice rather than binding EU rules. Unfortunately the press appear to have reported this advice as being some kind of EU diktat.

It was disappointing but not unsurprising to see that journalists had time to get quotes from the likes of the TV bakery expert Mary Berry, but sadly no time to check some of the actual facts behind the legislation. Those with the endless desire to knock the European Union forget that this kind of inaccurate nonsense will also put some off genuine fundraising activities for our good causes which is a disgrace.

I hope this is helpful.

Yours sincerely,

Sir Graham Watson MEP
Liberal Democrat Member of the European Parliament for South West England and Gibraltar
The Liberty, Old Kelways, Langport TA10 9SJ    www.grahamwatsonmep.org
Twitter: @grahamwatsonmep