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The Food Additives (Scotland) Amendment Regulations 2012

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make certain amendments to the Food Additives (Scotland) Regulations 2009 (S.S.I. 2009/436) (“the 2009 Regulations”) in order to provide for the execution and enforcement in Scotland of the following Commission Regulations:—

(a)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 (OJ L 295, 12.11.2011, p1);

(b)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 (OJ L 295, 12.11.2011, p178);

(c)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 (OJ L 295, 12.11.2011, p205); and

(d)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 (OJ L 83, 22.3.2012, p1).

These Regulations amend the 2009 Regulations so as to—

(a)update the definitions of “permitted colour”, “permitted sweetner”, “purity criteria” and “Regulation 1333/2008” (regulation 2(2)(a) to (d));

(b)insert definitions of Commission Regulations 1129/2011, 1130/2011 and 231/2012 (regulation 2(2)(e));

(c)include Commission Regulation 231/2012 in the list of EU instruments to which ambulatory reference is made (regulation 2(3));

(d)in regulation 14 (offences and penalties), insert reference to the transitional arrangements contained in Article 2 of Commission Regulations 1129/2011 and 1130/2011 (regulation 2(4)(a));

(e)omit references in regulation 14 to Article 4.2 of Commission Regulation 1333/2008 (OJ L 354, 31.12.2008, p16) (regulation 2(4)(b)); and

(f)insert reference to Article 4.2 in the Schedule of specified Regulation 1333/2008 provisions (regulation 2(6)).

These Regulations also correct an error in the 2009 Regulations. They amend the Mineral Hydrocarbons in Food (Scotland) Regulations 1966; and delete the provision in the 2009 Regulations which purported to amend the Mineral Hydrocarbons in Food Regulations 1966 (S.I. 1966/1073), which does not in fact have any application in Scotland (regulation 2(5)).

A Business and Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on the costs of business.

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