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The Food Additives (Amendment) and the Extraction Solvents in Food (Amendment) Regulations (Northern Ireland) 2012

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Amendment of the Food Additives Regulations (Northern Ireland) 2009

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2.—(1) The Food Additives Regulations (Northern Ireland) 2009(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1) (interpretation) —

(a)for the definition of “permitted colour” substitute—

“permitted colour” means —

(a)

before 1st December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in the Annex to Directive 08/128;

(b)

on or after 1st December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in the Annex to Regulation 231/2012;

(b)for the definition of “permitted sweetener” substitute —

“permitted sweetener” means —

(a)

before 1st December 2012 —

(i)

any sweetener specified in the second column of the Annex to Directive 94/35 which satisfies the specific purity criteria for that sweetener set out in Annex I to Directive 08/60, or

(ii)

in the case of E960 steviol glycosides, a sweetener which satisfies the purity criteria for that sweetener set out in the Annex to Regulation 231/2012;

(b)

on or after 1st December 2012—

(i)

any sweetener specified in the second column of the Annex to Directive 94/35, or

(ii)

E960 steviol glycosides

which satisfies the specific purity criteria for that sweetener set out in the Annex to Regulation 231/2012;;

(c)for the definition of “purity criteria” substitute —

“purity criteria”, in relation to a miscellaneous additive, means —

(a)

before 1st December 2012, the purity criteria set out in relation to that additive in Annex I to Directive 08/84 or, in the case of E1205 basic methacrylate copolymer, in the Annex to Regulation 231/2012;

(b)

on or after 1st December 2012, the purity criteria set out in relation to that additive in the Annex to Regulation 231/2012;;

(d)at the end of the definition of “Regulation 1333/2008” insert “as read with Regulation 231/2012”; and

(e)after the definition of “Regulation 1333/2008” insert —

“Regulation 1129/2011” means Commission Regulation (EU) No. 1129/2011 amending Annex II to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives, as read with Commission Regulation (EU) No. 1131/2011 amending Annex II to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council with regard to steviol glycosides;

“Regulation 1130/2011” means Commission Regulation (EU) No. 1130/2011 amending Annex III to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives by establishing a Union list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients;

“Regulation 231/2012” means Commission Regulation (EU) No. 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council;.

(3) For regulation 2(5), substitute—

(5) The EU instruments are Directive 94/35, Directive 95/2, Regulation 1333/2008 and Regulation 231/2012..

(4) In regulation 14(2) (offences and penalties) —

(a)after “Article 34 of Regulation 1333/2008,” insert “Article 2 of Regulation 1129/2011 and Article 2 of Regulation 1130/2011,”; and

(b)omit sub-paragraphs (b) and (c).

(5) In the table in Schedule 1 (specified Regulation 1333/2008 provisions), after the entries relating to Article 4.1 insert—

Article 4.2 (as read with Articles 12, 13.2 and 18.3)Requirement that only food additives included in the list in Annex III to Regulation 1333/2008 may be used in food additives, food enzymes, food flavourings and nutrients and under the conditions of use specified in that Annex.

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