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The Miscellaneous Food Additives (Amendment) (No. 2) (Scotland) Regulations 2001

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1.—(1) These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (No. 2) (Scotland) Regulations 2001 and shall come into force on 15th January 2002.

(2) These Regulations extend to Scotland only.

Amendment of the Miscellaneous Food Additives Regulations 1995

2.  The Miscellaneous Food Additives Regulations 1995(1) shall be amended in accordance with regulations 3 to 8 below.

3.  In regulation 2(1) (interpretation)–

(a)in the definition of “Directive 95/2/EC”, for “and European Parliament and Council Directive 98/72/EC(2)” there shall be substituted “, European Parliament and Council Directive 98/72/EC and European Parliament and Council Directive 2001/5/EC(3)”;

(b)in the definition of “Directive 96/77/EC”, for “and Commission Directive 2000/63/EC(4)”, there shall be substituted “, Commission Directive 2000/63/EC and Commission Directive 2001/30/EC(5)”; and

(c)in the definition of “purity criteria”, for paragraph (b) there shall be substituted the following paragraph:–

(b)in the case of magnesium carbonates (E 504), the purity criteria referred to in Schedule 5;.

4.  In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1C) the following paragraph:–

(1D) In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that–

(a)the food additive or food concerned was put on the market or labelled before 15th January 2002; and

(b)the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(b) and (c) and 8 of the Miscellaneous Food Additives (Amendment) (No. 2) (Scotland) Regulations 2001 had not come into force when that matter occurred..

5.  In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8)–

(a)in note (2), for “and E 948” there shall be substituted “, E 948 and E 949”; and

(b)in the table after the entry for Oxygen (E 948), there shall be inserted the following entry:–

E 949Hydrogen.

6.  In the table in Schedule 3 (other permitted miscellaneous additives)–

(a)in the entry for Glycerol esters of wood rosins (E 445)–

(i)in the third column immediately below “Non-alcoholic flavoured cloudy drinks” there shall be inserted the following:–

Cloudy spirit drinks in accordance with Council Regulation (EEC) No. 1576/89 laying down general rules on the definition, designation and presentation of spirit drinks(6).

Cloudy spirit drinks containing less than 15% alcohol by volume;

(ii)in the fourth column, opposite to each of the references inserted by sub-paragraph (i), there shall be inserted “100 mg/l”;

(b)after the entry for Disodium 5'-ribonucleotides (E 635) there shall be inserted the following entry:–

E 650Zinc acetateChewing gum1000 mg/kg;

(c)after the entry for Carbamide (E 927b) there shall be inserted the following entries:–

E 943aButane }

E943bIso-butane }

E 944Propane }

Vegetable oil pan spray (for professional use only)

Water-based emulsion spray

quantum satis.

7.  In Schedule 4 (permitted carriers and carrier solvents) in the entry for Propan-1,2-diol (propylene glycol) there shall be inserted in the first column “E 1520”.

8.  For Schedule 5 (purity criteria), there shall be substituted the Schedule 5 set out in the Schedule to these Regulations.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

30th November 2001

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