The Sweeteners in Food Amendment (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Sweeteners in Food Regulations 1995 (S.I. 1995/3123 as amended; “the principal Regulations”) to implement–

(a) Directive 2003/115/EC of the European Parliament and of the Council amending Directive 94/35/EC on sweeteners for use in foodstuffs (O.J. No. L 24, 29.1.2004, p.65); and

(b) Commission Directive 2004/46/EC amending Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs, as regards E955 Sucralose and E962 Salt of aspartame acesulfame (O.J. No. L 114, 21.4.2004, p.15).

These Regulations amend the principal Regulations by–

(a) bringing up to date the definition of “Directive 94/35/EC” so as to cover the amendment of that Directive by Directive 2003/115/EC (regulation 3(1)(a));

(b) bringing up to date the definition of “Directive 95/31/EC” so as to cover its amendment by Directive 2004/46/EC (regulation 3(1)(b));

(c) substituting a new definition for the term “permitted sweetener” to reflect the fact that Sucralose and the Salt of aspartame-acesulfame are now permitted sweeteners (regulation 3(1)(c));

(d) making minor amendments to the term “maximum usable dose” as applied to those sweeteners which under the Regulations are permitted to be used in specified foodstuffs (regulation 3(2));

(e) making explicit the fact that Schedule 1 (permitted sweeteners and the foods in or on which they may be used) is to be read in conjunction with the notes thereto (regulation 4(a));

(f) deleting the provision which laid down that the controls on the use in specified foods of aspartame and acesulfame to be contained in Schedule 1 applied also to Salt of aspartame-acesulfame in such foods (regulation 4(b));

(g) extending to Salt of aspartame and acesulfame the existing requirement that table top sweeteners containing aspartame be marked or labelled as specified in the Regulations (regulation 5);

(h) including transitional provisions (regulation 6);

(i) adding a further category of food to the categories in which the permitted sweetener E951 Aspartame may lawfully be used and specifying the maximum usable dose applicable to such use (regulation 7(a));

(j) as regards the permitted sweetener E952 Cyclamic Acid and its Na and Ca salts, reducing the maximum usable dose of that sweetener applicable in relation to specified foods, and making it unlawful to use that sweetener in specified items of confectionery and in certain edible ices (regulation 7(b));

(k) inserting into Schedule 1 new entries relating to the permitted sweeteners E955 Sucralose and to E962 Salt of aspartame-acesulfame (regulation 7(c) and (d) respectively);

(l) omitting the entries relating to Sucralose previously contained in Schedule 1 (regulation 7(e));

(m) in accordance with Directive 2003/115/EC, substituting new descriptions for the descriptions of certain food categories specified in Column 3 of Schedule 1 (regulation 7(f) to (j)); and

(n) adding to Schedule 1 further footnotes relating to the permitted sweetener Salt of aspartame-acesulfame (regulation 7(h)).

A full Regulatory Impact Assessment of the effect that these Regulations would have on business has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.