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Sweeteners in Food (Amendment) Regulations (Northern Ireland) 1997

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Statutory Rules of Northern Ireland

1997 No. 257

FOOD

Sweeteners in Food (Amendment) Regulations (Northern Ireland) 1997

Made

28th May 1997

Coming into operation

7th July 1997

The Department of Health and Social Services in exercise of the powers conferred on it by Articles 15(1)(a), 16(1), 25(1) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991(1) and of all other powers enabling it in that behalf and after consultation in accordance with Article 47(3) of that Order with such organisations as appear to it to be representative of interests likely to be substantially affected by the Regulations, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Sweeteners in Food (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 7th July 1997.

(2) In these Regulations “the principal Regulations” means the Sweeteners in Food Regulations (Northern Ireland) 1996(2).

Amendment of the principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with paragraphs (a) to (f)—

(a)in paragraph (1) of regulation 2 (interpretation)—

(i)in the definition of “Directive 94/35/EC” after “foodstuffs” there shall be inserted “, as amended by Directive 96/83/EC of the European Parliament and of the Council(3)”;

(ii)after the definition of “permitted sweetener” there shall be inserted—

  • “relevant compound foods” means compound foods with no added sugar or energy-reduced, compound dietary foods intended for a low-calorie diet and compound foods with a long shelf-life;;

(b)in regulation 3 (sale and use of sweeteners)—

(i)in paragraphs (2) and (3), after “paragraph (3)” and “paragraph (4)” respectively, there shall be inserted “and regulation 5A”;

(ii)in paragraph (4) after “uses” there shall be inserted “(including any food for infants and young children not in good health)”;

(c)at the beginning of regulation 5 (sale of food containing sweeteners) there shall be inserted “Subject to regulation 5A,”;

(d)after regulation 5 there shall be inserted—

Compound foods

5A.(1) Where a permitted sweetener is present in or on a relevant compound food and that relevant compound food contains, as an ingredient, a food in or on which that sweetener was or could have been used without contravening any of the provisions of paragraph (2) or (3) of regulation 3, that sweetener shall, for the purposes of those paragraphs and regulation 5, be deemed to have been used in or on that relevant compound food without contravening any of the provisions of those paragraphs.

(2) The use in or on a food of any permitted sweetener shall not constitute a contravention of paragraph (2) or (3) of regulation 3 if that food is destined to be used solely in the preparation of a compound food which complies with those paragraphs and sale of the food in or on which the permitted sweetener was used shall not constitute a contravention of regulation 5.;

(e)in regulation 11 (transitional provision and exemption)—

(i)after paragraph (1) there shall be inserted—

(1A) In any proceedings for an offence under these Regulations which allege a contravention of regulation 3(1), 4 or 5 it shall be a defence to prove that—

(a)the act—

(i)was committed before 19th June 1998, or

(ii)was that of selling a sweetener or food which, in either case, was put on the market or labelled before 19th June 1998; and

(b)the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by the Sweeteners in Food (Amendment) Regulations (Northern Ireland) 1997 had not been made when the act was committed or, as the case may be, the food was put on the market or labelled.;

(ii)for paragraph (2) there shall be substituted—

(2) These Regulations shall not apply in respect of any sweetener or, as the case may be, food which is brought into Northern Ireland having been lawfully put on the market or labelled in another member State before 30th June 1996.; and

(iii)paragraph (3) shall be deleted; and

(f)the contents of the Schedule to these Regulations shall be substituted for Schedule 1.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

J. R. Kearney

Assistant Secretary

28th May 1997.

Regulation 2(f)

SCHEDULE

Regulations 2(1) and (3) and 3(3)

SCHEDULE 1Permitted sweeteners and the foods in or on which they may be used

Column 1Column 2Column 3Column 4
EC No.Permitted sweetenerFoods in or on which permitted sweeteners may be usedMaximum usable dose
Desserts and similar productsquantum satis
— water-based flavoured desserts, energy-reduced or with no added sugar
— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar
E 420
  • Sorbitol

    (i)

    Sorbitol

    (ii)

    Sorbitol syrup

— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar
E 421Mannitol— Egg-based desserts, energy-reduced or with no added sugar
E 953Isomalt— Cereal-based desserts, energy-reduced or with no added sugar
E 965
  • Maltitol

    (i)

    Maltitol

    (ii)

    Maltitol syrup

— Breakfast cereals or cereal-based products, energy reduced or with no added sugar
E 966Lactitol— Fat-based desserts, energy-reduced or with no added sugar
E 967Xylitol— Edible ices, energy reduced or with no added sugar
— Jams, jellies, marmalades and crystallized fruit, energy-reduced or with no added sugar
— Fruit preparations, energy-reduced or with no added sugar, with the exception of those intended for the manufacture of fruit-juice-based drinks
Confectionery
— Confectionery with no added sugar
— Dried-fruit-based confectionery, energy- reduced or with no added sugar
— Starch-based confectionery, energy- reduced or with no added sugar
— Chewing gum with no added sugar
Miscellaneous
E 420— Cocoa-based products, energy-reduced or with no added sugar
E 421— Cocoa-, milk-, dried fruit - or fat-based sandwich spreads, energy-reduced or with no added sugar
E 953
E 965— Sauces
E 966— Mustard
E 967 (cont'd)— Fine bakery products, energy-reduced or with no added sugar
— Products intended for particular nutritional uses
— Solid food supplements/dietary integrators
E 950Acesulfame KNon-alcoholic drinks
— Water-based flavoured drinks, energy- reduced or with no added sugar350 mg/l
— Milk- and milk-derivative-based or fruit-juice-based drinks, energy- reduced or with no added sugar350 mg/l
Desserts and similar products
— Water-based flavoured desserts, energy-reduced or with no added sugar350 mg/kg
— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar350 mg/kg
— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar350 mg/kg
— Egg-based desserts, energy-reduced or with no added sugar350 mg/kg
— Cereal-based desserts, energy reduced or with no added sugar350 mg/kg
— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar1200 mg/kg
— Fat-based desserts, energy-reduced or with no added sugar350 mg/kg
Confectionery
— Confectionery with no added sugar500 mg/kg
— Breath-freshening micro-sweets, with no added sugar2500 mg/kg
— Energy-reduced tablet-form confectionery500 mg/kg
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar500 mg/kg
— Starch-based confectionery, energy- reduced or with no added sugar1000 mg/kg
— Chewing gum with no added sugar2000 mg/kg
Miscellaneous
— “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts350 mg/kg
— Cornets and wafers, for ice-cream, with no added sugar2000 mg/kg
Essoblaten2000 mg/kg
— Cocoa-, milk-, dried-fruit- or fat- based sandwich spreads, energy- reduced or with no added sugar1000 mg/kg
—Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine350 mg/l
— Cider and perry350 mg/l
— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol350 mg/l
— “Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”350 mg/l
— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH — Brown beers of the “oud bruin” type350 mg/l 350 mg/l
— Energy-reduced beer25 mg/l
— Spirit drinks containing less than 15% alcohol by volume350 mg/kg
— Edible ices, energy-reduced or with no added sugar800 mg/kg
— Canned or bottled fruit, energy-reduced or with no added sugar350 mg/kg
— Energy-reduced jams, jellies and marmalades1000 mg/kg
— Energy-reduced fruit and vegetable preparations350 mg/kg
Feinkostsalat350 mg/kg
— Sweet-sour preserves of fruit and vegetables200 mg/kg
— Sweet-sour preserves and semi- preserves of fish and marinades of fish, crustaceans and molluscs200 mg/kg
— Sauces350 mg/kg
— Energy-reduced soups110 mg/l
— Mustard350 mg/kg
— Fine bakery products for special nutritional uses1000 mg/kg
— Complete formulae for weight control intended to replace total daily food intake or an individual meal450 mg/kg
— Complete formulae and nutritional supplements for use under medical supervision450 mg/kg
— Liquid food supplements/dietary integrators350 mg/l
— Solid food supplements/dietary integrators500 mg/kg
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable2000 mg/kg
E 951AspartameNon-alcoholic drinks
— Water-based flavoured drinks, energy-reduced or with no added sugar600 mg/l
— Milk- and milk-derivative-based or fruit juice-based drinks, energy- reduced or with no added sugar600 mg/l
Desserts and similar products
— Water-based flavoured desserts, energy-reduced or with no added sugar1000 mg/kg
— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar1000 mg/kg
— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar1000 mg/kg
— Egg-based desserts, energy-reduced or with no added sugar1000 mg/kg
— Cereal-based desserts, energy-reduced or with no added sugar1000 mg/kg
— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar1000 mg/kg
— Fat-based desserts, energy-reduced or with no added sugar1000 mg/kg
Confectionery
— Confectionery with no added sugar1000 mg/kg
— Breath freshening micro-sweets, with no added sugar6000 mg/kg
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar2000 mg/kg
— Starch-based confectionery, energy- reduced or with no added sugar2000 mg/kg
— Chewing gum with no added sugar5500 mg/kg
— Strongly flavoured freshening throat pastilles with no added sugar2000 mg/kg
Miscellaneous
— “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts500 mg/kg
— Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar1000 mg/kg
— Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine600 mg/l
— Cider and perry600 mg/l
— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol600 mg/l
— “Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”600 mg/l
— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH600 mg/l
— Brown beers of the “oud bruin” type600 mg/l
— Energy-reduced beer25 mg/l
— Spirit drinks containing less than 15% alcohol by volume600 mg/kg
— Edible ices, energy-reduced or with no added sugar800 mg/kg
— Canned or bottled fruit, energy-reduced or with no added sugar1000 mg/kg
— Energy-reduced jams, jellies and marmalades1000 mg/kg
— Energy-reduced fruit and vegetable preparations1000 mg/kg
Feinkostsalat300 mg/kg
— Sweet-sour preserves of fruit and vegetables300 mg/kg
— Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs300 mg/kg
— Sauces350 mg/kg
— Energy-reduced soups110 mg/l
— Mustard350 mg/kg
— Fine bakery products for special nutritional uses1700 mg/kg
— Complete formulae for weight control intended to replace total daily food intake or an individual meal800 mg/kg
— Complete formulae and nutritional supplements for use under medical supervision1000 mg/kg
— Liquid food supplements/dietary integrators600 mg/kg
— Solid food supplements/dietary integrators2000 mg/kg
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable5500 mg/kg
E 952Cyclamic acid and its Na and Ca Salts(4)Non-alcoholic drinks
— Water-based flavoured drinks, energy- reduced or with no added sugar400 mg/l
— Milk- and milk-derivative-based or fruit-juice-based drinks, energy- reduced or with no added sugar400 mg/l
Desserts and similar products
— Water-based flavoured desserts, energy- reduced or with no added sugar250 mg/kg
— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar250 mg/kg
— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar250 mg/kg
— Egg-based desserts, energy-reduced or with no added sugar250 mg/kg
— Cereal-based desserts, energy-reduced or with no added sugar250 mg/kg
— Fat- based desserts, energy-reduced or with no added sugar250 mg/kg
Confectionery
— Confectionery with no added sugar — Breath freshening micro-sweets, with no added sugar500 mg/kg 2500 mg/kg
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar500 mg/kg
— Starch-based confectionery, energy- reduced or with no added sugar500 mg/kg
— Chewing gum with no added sugar1500 mg/kg
Miscellaneous
— Cocoa-, milk-, dried-fruit- or fat- based sandwich spreads, energy-reduced or with no added sugar500 mg/kg
— Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine250 mg/l
— Edible ices, energy-reduced or with no added sugar250 mg/kg
— Canned or bottled fruit, energy-reduced or with no added sugar1000 mg/kg
— Energy-reduced jams, jellies and marmalades1000 mg/kg
— Energy-reduced fruit and vegetable preparations250 mg/kg
— Fine bakery products for special nutritional uses1600 mg/kg
— Complete formulae for weight control intended to replace total daily food intake or an individual meal400 mg/kg
— Complete formulae and nutritional supplements for use under medical supervision400 mg/kg
— Liquid food supplements/dietary integrators400 mg/kg
— Solid food supplements/dietary integrators500 mg/kg
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable1250 mg/kg
E 954Saccharin and its Na, K and Ca salts(5)Non-alcoholic drinks
— Water-based flavoured drinks, energy- reduced or with no added sugar80 mg/l
— Milk- and milk-derivative based or fruit-juice-based drinks, energy- reduced or with no added sugar80 mg/l
— “Gaseosa”: non-alcoholic water- based drink with added carbon dioxide, sweeteners and flavourings100 mg/l
Desserts and similar products
— Water-based flavoured desserts, energy- reduced or with no added sugar100 mg/kg
— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar100 mg/kg
— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar100 mg/kg
— Egg-based desserts, energy-reduced or with no added sugar100 mg/kg
— Cereal-based desserts, energy-reduced or with no added sugar100 mg/kg
— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar100 mg/kg
— Fat-based desserts, energy-reduced or with no added sugar100 mg/kg
Confectionery
— Confectionery with no added sugar500 mg/kg
— Breath freshening micro-sweets, with no added sugar3000 mg/kg
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar500 mg/kg
— Starch-based confectionery, energy- reduced or with no added sugar300 mg/kg
— Chewing gum with no added sugar1200 mg/kg
Miscellaneous
— “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts100 mg/kg
— Cornets and wafers, for ice-cream, with no added sugar800 mg/kg
Essoblaten800 mg/kg
— Cocoa-, milk-, dried-fruit- or fat- based sandwich spreads, energy- reduced or with no added sugar200 mg/kg
— Drinks consisting of a mixture of non-alcoholic drink and beer, cider perry, spirits or wine80 mg/l
— Cider and perry80 mg/l
— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol80 mg/l
— “Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”80 mg/l
— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH80 mg/l
— Brown beers of the “oud bruin” type80 mg/l
— Spirit drinks containing less than 15% alcohol by volume80 mg/kg
— Edible ices, energy-reduced or with no added sugar100 mg/kg
— Canned or bottled fruit, energy-reduced or with no added sugar200 mg/kg
— Energy-reduced jams, jellies and marmalades200 mg/kg
— Energy-reduced fruit and vegetable preparations200 mg/kg
Feinkostsalat160 mg/kg
— Sweet-sour preserves of fruit and vegetables160 mg/kg
— Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs160 mg/kg
— Sauces160 mg/kg
— Energy-reduced soups110 mg/l
— Mustard320 mg/kg
— Fine bakery products for special nutritional uses170 mg/kg
— Complete formulae for weight control intended to replace total daily food intake or an individual meal240 mg/kg
— Complete formulae and nutritional supplements for use under medical supervision200 mg/kg
— Liquid food supplements/dietary integrators80 mg/kg
— Solid food supplements/dietary integrators500 mg/kg
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable1200 mg/kg
E 957ThaumatinConfectionery
— Confectionery with no added sugar50 mg/kg
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar50 mg/kg
— Chewing gum with no added sugar50 mg/kg
Miscellaneous
— Edible ices, energy-reduced or with no added sugar50 mg/kg
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable400 mg/kg
E 959Neohesperi-dine DCNon-alcoholic drinks
— Water-based flavoured drinks, energy- reduced or with no added sugar30 mg/l
— Milk- and milk-derivative-based drinks, energy-reduced or with no added sugar50 mg/l
— Fruit-juice-based drinks, energy-reduced or with no added sugar30 mg/l
Desserts and similar products
— Water-based flavoured desserts, energy- reduced or with no added sugar50 mg/kg
— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar50 mg/kg
— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar50 mg/kg
— Egg-based desserts, energy-reduced or with no added sugar50 mg/kg
— Cereal-based desserts, energy-reduced or with no added sugar50 mg/kg
— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar50 mg/kg
— Fat-based desserts, energy-reduced or with no added sugar50 mg/kg
Confectionery
— Confectionery with no added sugar100 mg/kg
— Breath freshening micro-sweets, with no added sugar400 mg/kg
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar100 mg/kg
— Starch-based confectionery, energy- reduced or with no added sugar150 mg/kg
— Chewing gum with no added sugar400 mg/kg
Miscellaneous
— “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts50 mg/kg
— Cornets and wafers, for ice-cream with no added sugar50 mg/kg
— Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar50 mg/kg
— Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine30 mg/l
— Cider and perry20 mg/l
— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol10 mg/l
— “Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”10 mg/l
— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH10 mg/l
— Brown beers of the “oud bruin” type10 mg/l
— Energy-reduced beer10 mg/kg
— Spirit drinks containing less than 15% alcohol by volume30 mg/kg
— Edible ices, energy-reduced or with no added sugar50 mg/kg
— Canned or bottled fruit, energy-reduced or with no added sugar50 mg/kg
— Energy-reduced jams, jellies and marmalades50 mg/kg
— Sweet-sour preserves of fruit and vegetables100 mg/kg
— Energy-reduced fruit and vegetable preparations50 mg/kg
Feinkostsalat50 mg/kg
— Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs30 mg/kg
— Sauces50 mg/kg
— Energy-reduced soups50 mg/l
— Mustard50 mg/kg
— Fine bakery products for special nutritional uses150 mg/kg
— Complete formulae for weight control intended to replace total daily food intake or an individual meal100 mg/kg
— Complete formulae and nutritional supplements for use under medical supervision100 mg/kg
— Liquid food supplements/dietary integrators50 mg/kg
— Solid food supplements/dietary integrators100 mg/kg
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable400 mg/kg

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Sweeteners in Food Regulations (Northern Ireland) 1996 (“the principal Regulations”) in implementation of Directive 96/83/EC of the European Parliament and of the Council (O.J. No. L48, 19.2.97, p. 16) amending Directive 94/35/EC (O.J. No. L237, 10.9.94, p. 3) on sweeteners for use in foodstuffs.

The Regulations—

(a)amend regulation 2 of the principal Regulations to include in the definition of “Directive 94/35/EC” a reference to Directive 96/83/EC and to add a definition of “relevant compound foods” (regulation 2(a));

(b)insert regulation 5A (compound foods) in the principal Regulations and make other amendments to those Regulations in consequence thereof (regulation 2(b)(i), (c) and (d));

(c)amend regulation 3 of the principal Regulations to provide that paragraph (4) applies to food for infants and young children not in good health (regulation 2(b)(ii));

(d)amend regulation 11 of the principal Regulations to provide, for a transitional period, a defence in relation to acts which would have been in compliance with the principal Regulations before amendment by these Regulations and to exempt, in accordance with specified conditions, sweeteners and food from other Member States (regulation 2(e)); and

(e)incorporate into Schedule 1 to the principal Regulations the permitted sweeteners, foods listed in relation thereto and maximum usable dose for each such sweetener contained in the Annex to Directive 96/83/EC (regulation 2(f)).

(1)

S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12). See Article 2(2) for the definitions of “the Department concerned” and “regulations”

(3)

O.J. No. L48, 19.2.97, p. 16

(4)

The maximum usable doses for cyclamic acid and its Na and Ca salts are expressed in terms of the free acid

(5)

The maximum usable doses for saccharin and its Na, K and Ca salts ae expressed in terms of the free imide

Yn ôl i’r brig

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