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The Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (Scotland) Regulations 2024

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Regulation 3

SCHEDULE 1Amendments to Annex 2 (domestic list of food additives approved for use in foods and conditions for use) to Regulation (EC) No 1333/2008 concerning steviol glycosides from Stevia (E 960a – E 960c) and the extension of use of polyglycerol polyricinoleate (E 476)

1.  In Part B (list of all additives), in paragraph 2 (sweeteners) after the entry for E 960a (Steviol glycosides from Stevia), insert—

E 960bSteviol glycosides from fermentation.

2.  In Part C (definitions of groups of additives), in sub-part 5 (other additives that may be regulated combined), in paragraph (v)—

(a)for the heading of the paragraph, substitute “E 960a – E 960c: Steviol glycosides”,

(b)after the entry for E 960a (Steviol glycosides from Stevia), insert—

E 960bSteviol glycosides from fermentation.

3.  In Part E (authorised food additives and conditions of use in food categories), in the table—

(a)in each place it occurs, for “E 960a and E 960c” substitute “E 960a – E 960c”,

(b)in category 03 (edible ices), after the entry for E 473-474 (sucrose esters of fatty acids – sucroglycerides), insert—

E 476Polyglycerol polyricinoleate4000except sorbets,

(c)in category 05.1 (cocoa and chocolate products), at the end, insert the following footnote—

(1) The additives may be added individually or in combination.,

(d)in category 05.2 (other confectionary including breath freshening microsweets)—

(i)in the third entry for Group IV (polyols), for “only cocoa or dried fruit-based, milk or fat-based sandwich spreads, energy-reduced or with no added sugar” substitute “sandwich spreads made with a base of cocoa, milk, dried fruit or fat; energy reduced or with no added sugar”,

(ii)in the first entry for E 960a – E960c Steviol glycosides(1) for “only cocoa or dried-fruit-based, energy-reduced or with no added sugar”, substitute “only cocoa or dried fruit based; energy reduced or with no added sugar”,

(iii)in the second entry for E 960a – E960c Steviol glycosides for “only cocoa, milk, dried-fruit-based or fat-based sandwich spreads, energy-reduced or with no added sugar”, substitute “sandwich spreads made with a base of cocoa, milk, dried fruit or fat; energy reduced or with no added sugar”,

(e)in category 05.4 (decorations, coatings and fillings, except fruit-based fillings covered by category 4.2.4), for the second entry for E 960a – E 960c Steviol glycosides for “only cocoa or dried-fruit-based, energy-reduced or with no added sugar”, substitute “only cocoa or dried fruit based; energy reduced or with no added sugar”,

(f)in category 12.6 (sauces), for the entry for “E 476” (polyglycerol polyricinoleate), substitute—

E 476Polyglycerol polyricinoleate4000only emulsified sauces with a fat content of less than 20%
E 476Polyglycerol polyricinoleate8000only emulsified sauces with a fat content of 20% or more.

Regulation 4(4)

SCHEDULE 2Amendment to the Annex to Commission Regulation (EU) No 231/2012 for the authorisation of steviol glycosides from fermentation (Yarrowia lipolytica) (E 960b)

1.  In the appropriate place, insert the following entry—

E 960b STEVIOL GLYCOSIDES FROM FERMENTATION (YARROWIA LIPOLYTICA)

Synonyms
Definition

Steviol glycosides from Yarrowia lipolytica consist of a mixture predominantly composed of rebaudioside M, with some rebaudioside D, and smaller amounts of rebaudioside A and rebaudioside B. The manufacturing process comprises two main phases.

The first phase involves fermentation of a non-toxigenic non-pathogenic strain of Yarrowia lipolytica VRM that has been genetically modified with heterologous genes to overexpress steviol glycosides. Removal of biomass by solid-liquid separation and heat treatment is followed by concentration of the steviol glycosides.

The second phase involves purification by employing ion-exchange chromatography, followed by recrystallisation of the steviol glycosides resulting in a final product containing not less than 95% of rebaudiosides M, D, A, and B.

Viable cells or the DNA of Yarrowia lipolytica VRM must not be detected in the food additive.

Chemical name

Rebaudioside A: 13-[(2-O-β-D-glucopyranosyl-3-O-β-D-glucopyranosyl-β-D-glucopyranosyl)oxy]kaur-16-en-18-oic acid, β-D-glucopyranosyl ester

Rebaudioside B: 13-[(2-O-β–D-glucopyranosyl-3-O-β– D-glucopyranosyl-β-D-glucopyranosyl)oxy]kaur-16-en-18-oic acid

Rebaudioside D: 13-[(2-O-β-D-glucopyranosyl-3-O-β-D-glucopyranosyl-β-D-glucopyranosyl)oxy]kaur-16-en-18-oic acid, 2-O-β-D-glucopyranosyl-β-D-glucopyranosyl ester

Rebaudioside M: 13-[(2-O-β-D-glucopyranosyl-3-O-β-D-glucopyranosyl-β-D-glucopyranosyl)oxy]kaur-16-en-18-oic acid, 2-O-β-D-glucopyranosyl-3-O-β-D-glucopyranosyl-β-D-glucopyranosyl ester

Molecular formulaTrivial nameFormulaConversion factor
Rebaudioside AC44 H70 O230.33
Rebaudioside BC38 H60 O180.40
Rebaudioside DC50 H80 O280.29
Rebaudioside MC56 H90 O330.25
Molecular weight and CAS NoTrivial nameCAS NumberMolecular weight (g/mol)
Rebaudioside A58543-16-1967.01
Rebaudioside B58543-17-2804.88
Rebaudioside D63279-13-01129.15
Rebaudioside M1220616-44-31291.29
AssayNot less than 95 % of rebaudioside A, rebaudioside B, rebaudioside D and rebaudioside M on the dried basis
DescriptionWhite to light yellow powder, approximately between 200 and 350 times sweeter than sucrose (at 5 % sucrose equivalency)
Identification
SolubilityFreely soluble to slightly soluble in water
pHBetween 4.5 and 7.0 (1 in 100 solution)
hPurity
Total ashNot more than 1 %
Loss on dryingNot more than 6 % (105°C, 2h)
Residual solventNot more than 5000 mg/kg ethanol
ArsenicNot more than 0.1 mg/kg
LeadNot more than 0.1 mg/kg
CadmiumNot more than 0.01 mg/kg
MercuryNot more than 0.05 mg/kg
Residual proteinNot more than 20 mg/kg
Microbiological criteria
Total (aerobic) plate countNot more than 1000 CFU/g
YeastNot more than 100 CFU/g
MouldsNot more than 100 CFU/g
Escherichia coliNegative in 1g
Salmonella spp.Negative in 25g.

Regulation 4(6)

SCHEDULE 3Amendment to the Annex to Commission Regulation (EU) No 231/2012 for the re-numbering of rebaudioside M produced via enzyme modification of steviol glycosides from Stevia E 960c(i) (formerly E 960c) and for the addition of a specification for rebaudioside M, AM and D produced via enzymatic conversion of highly purified steviol glycosides from Stevia leaf extracts (E 960c(ii))

1.  In the appropriate place, insert the following entry—

E 960C(ii) REBAUDIOSIDE M, AM AND D PRODUCED VIA ENZYMATIC CONVERSION OF HIGHLY PURIFIED STEVIOL GLYCOSIDES FROM STEVIA LEAF EXTRACTS

Synonyms
Definition

Steviol glycosides produced via enzymatic conversion of highly purified steviol glycosides (rebaudioside A or stevioside) from Stevia leaf extracts are composed predominantly of rebaudioside M, rebaudioside D, and rebaudioside AM.

Rebaudiosides D, M and AM are produced via enzymatic conversion of highly purified steviol glycoside (rebaudioside A or stevioside) extracts (95% steviol glycosides) obtained from Stevia rebaudiana Bertoni plant using UDP-glucosyltransferase and sucrose synthase enzymes produced by genetically modified strains of Escherichia coli (pPM294, pFAH170, and pSK041) that facilitate the transfer of glucose from sucrose and UDP-glucose to steviol glycosides via glycosidic bonds. After removal of the enzymes by solid-liquid separation and heat treatment, the purification involves concentration of the steviol glycosides by resin adsorption, followed by recrystallisation of the steviol glycosides resulting in a final product containing not less than 95 % of total steviol glycosides, including one or more of rebaudiosides D, M and AM.

Viable cells or DNA of Escherichia coli (pPM294, pFAH170, and pSK041) must not be detected in the food additive.

Chemical name

Rebaudioside M: 13-[(2-O-β-D-glucopyranosyl-3-O-β-D-glucopyranosyl-β-D-glucopyranosyl)oxy]kaur-16-en-18-oic acid, 2-O-β-D-glucopyranosyl-3-O-β-D-glucopyranosyl-β-D-glucopyranosyl ester

Rebaudioside D: 13-[(2-O-β-D-glucopyranosyl-3-O-β-D-glucopyranosyl-β-D-glucopyranosyl)oxy]kaur-16-en-18-oic acid, 2-O-β-D-glucopyranosyl-β-D-glucopyranosyl ester

Rebaudioside AM: 13-[(2-O-β-D-glucopyranosyl-β-D-glucopyranosyl)oxy]kaur-16-en-18-oic acid, 2-O-β-D-glucopyranosyl-3-O-β-D-glucopyranosyl-β-D-glucopyranosyl ester

Molecular formulaTrivial nameFormulaConversion factor
Rebaudioside MC56 H90 O330.25
Rebaudioside DC50 H80 O280.29
Rebaudioside AMC50 H80 O280.29
Molecular weight and CAS NoTrivial nameCAS NumberMolecular weight (g/mol)
Rebaudioside M1220616-44-31291.29
Rebaudioside D63279-13-01129.15
Rebaudioside AM2222580-26-71129.15
AssayNot less than 95 % of steviol glycosides on the dried basis, including one or more of rebaudiosides D, M and AM
DescriptionWhite to light yellow powder, approximately between 200 and 350 times sweeter than sucrose (at 5 % sucrose equivalency)
Identification
SolubilityFreely soluble to slightly soluble in water
pHBetween 4.5 and 7.0 (1 in 100 solution)
Purity
Total ashNot more than 1 %
Loss on dryingNot more than 6 % (105°C, 2h)
Residual solventNot more than 5000 mg/kg ethanol
ArsenicNot more than 0.015 mg/kg
LeadNot more than 0.2 mg/kg
CadmiumNot more than 0.015 mg/kg
MercuryNot more than 0.07 mg/kg
Residual proteinNot more than 5 mg/kg.

Regulation 5

SCHEDULE 4Amendments to the Annex (domestic list of novel foods authorised to be placed on the market within Great Britain) to Commission Implementing Regulation (EU) 2017/2470 for the authorisation of partially hydrolysed protein from spent barley (Hordeum vulgare) and rice (Oryza sativa) as a novel food

1.  In Table 1 (authorised novel foods), after the entry for Astaxanthin-rich oleoresin from Haematococcus pluvialis algae insert the following entry—

table
table

2.  In Table 2 (specifications), after the entry for Astaxanthin-rich oleoresin from Haematococcus pluvialis algae insert the following entry—

Partially hydrolysed protein from spent barley (Hordeum vulgare) and rice (Oryza sativa)Description/Definition:

Partially hydrolysed protein from spent barley (Hordeum vulgare) and rice (Oryza sativa) is an off-white powder, produced by concentration of proteins from a mixture of barley and rice from the mash step of beer production using a series of enzymatic hydrolysis and mechanical purification steps.

Characteristics/Composition:

Protein (dry basis): ≥ 85%

Moisture: <8%

Total Carbohydrates: <10%

Fat: <2%

Ash: <8%

Heavy metals:

Arsenic: ≤0.1 mg/kg

Cadmium: <0.1 mg/kg

Lead: <0.2 mg/kg

Mercury: <0.1 mg/kg

Microbiological criteria:

Aerobic plate count: <30,000 CFU/g

Coliforms: <10 CFU/g

Yeast and Mould: <50 CFU/g

Salmonella spp: Negative in 25 g

Escherichia coli: <10 CFU/g

Staphylococcus aureus: <10 CFU/g

Listeria spp.: Negative in 25 g

CFU: Colony Forming Units.

Regulation 5

SCHEDULE 5Amendments to the Annex (domestic list of novel foods authorised to be placed on the market within Great Britain) to Commission Implementing Regulation (EU) 2017/2470 for the authorisation of cetylated fatty acids as a novel food

1.  In Table 1 (authorised novel foods), after the entry for Calanus finmarchicus oil insert the following entry—

table

2.  In Table 2 (specifications), after the entry for Calanus finmarchicus oil insert the following entry—

Cetylated fatty acids

Description/Definition:

The novel food is a mixture of 70 – 80% cetylated fatty acids which are produced from the reaction of cetyl alcohol with myristic acid and oleic acid.

Characteristics/Composition:

Physical status at 25°C: Solid

Colour (APHA Colour): ≤ 600

Acid value (mg KOH/g): ≤ 5

Iodine value (I2g/100g): 30 – 50

Saponification value (mg KOH/g): 130 – 150

Hydroxyl value (mg KOH/g): ≤ 20

Ester content (%): 70 – 80

Cetyl oleate (%): 22 – 30

Cetyl myristate (%): 41 – 56

Triglycerides (%): 22 – 25

Microbiological criteria:

Total aerobic microbial count (CFU/g): ≤ 1000

Yeasts and moulds (CFU/g): ≤ 100

APHA: American Public Health Association

CFU: Colony Forming Units

KOH: potassium hydroxide.

Regulation 5

SCHEDULE 6Amendments to the Annex (domestic list of novel foods authorised to be placed on the market within Great Britain) to Commission Implementing Regulation (EU) 2017/2470 for the authorisation of 3-fucosyllactose (3-FL) (produced by a derivative strain of Escherichia coli K-12 DH1) as a novel food

1.  In Table 1 (authorised novel foods), after the entry for 2’-Fucosyllactose / Difucosyllactose mixture (‘2’-FL/DFL’) (microbial source) insert the following entry—

table
table

2.  In Table 2 (specifications), after the entry for 2’-Fucosyllactose / Difucosyllactose mixture (‘2’-FL/DFL’) (microbial source) insert the following entry—

3-Fucosyllactose (3-FL) (produced by a derivative strain of Escherichia coli K-12 DH1)Description/Definition:

3-Fucosyllactose (3-FL) (produced by a derivative strain of Escherichia coli K-12 DH1) is a purified carbohydrate powder or agglomerate containing at least 90% of 3-fucosyllactose on a dry matter basis obtained from microbial fermentation with a genetically modified strain of Escherichia coli K-12 DH1.

Chemical name: β-D-Galactopyranosyl-(1→4)- [α-L-fucopyranosyl-(1→3)]- D-glucopyranose

Chemical formula: C18H32O15

Molecular mass: 488.44 Da

CAS No: 41312-47-4

Characteristics/Composition:

Appearance: Powder, agglomerates, powder with agglomerates

Colour: White to off-white

Assay (water free) – Specified saccharides (includes 3-FL, D-lactose, L-fucose and 3-fucosyllactose): ≥ 92.0 w/w %

Assay (water free) – 3-FL: ≥ 90.0 w/w %

L-Fucose: ≤ 1.0 w/w %

D-Lactose: ≤ 5.0 w/w %

3-Fucosyllactulose: ≤ 1.5 w/w %

Sum of other carbohydrates: ≤ 5.0 w/w %

pH in 5% solution (20°C): 3.2–7.0

Water: ≤ 6.0 w/w%

Ash, sulphated: ≤ 0.5 w/w %

Acetic acid (relevant only for crystallised 3-FL) : ≤ 1.0 w/w %

Residual protein by Bradford assay: ≤ 0.01 w/w %

Residual endotoxins: ≤ 10 EU/mg

Heavy metals:

Lead: ≤ 0.1 mg/kg

Arsenic: ≤ 0.2 mg/kg

Mycotoxins:

Aflatoxin M1: ≤ 0.025 µg/kg

Microbiological criteria:

Aerobic mesophilic total plate count: ≤ 1000 CFU/g

Enterobacteriaceae: absent in 10g

Salmonella spp: absent in 25g

Bacillus cereus: ≤ 50 CFU/g

Listeria monocytogenes: absent in 25g

Cronobacter spp.: absent in 10g

Yeasts: ≤ 100 CFU/g

Moulds: ≤ 100 CFU/g

EU: Endotoxin Units

CFU: Colony Forming Units.

Regulation 5

SCHEDULE 7Amendments to the Annex (domestic list of novel foods authorised to be placed on the market within Great Britain) to Commission Implementing Regulation (EU) 2017/2470 for the authorisation of lacto-N-fucopentaose I (LNFP-I) and 2’-fucosyllactose (2’-FL) mixture as a novel food

1.  In Table 1 (authorised novel foods), after the entry for Lactitol insert the following entry—

table
table
table

2.  In Table 2 (specifications), after the entry for Lactitol insert the following entry—

Lacto-N-fucopentaose I (LNFP-I) and 2’-fucosyllactose (2’-FL) mixtureDescription/Definition:

Lacto-N-fucopentaose I (LNFP-I) and 2’-fucosyllactose (2’-FL) mixture is a purified carbohydrate powder or agglomerate obtained from microbial fermentation with a genetically modified strain of Escherichia coli K-12 DH1 containing at least 75% of LNFP-I and 2’-FL of dry matter, where ≥ 50% is LNFP-I (dry weight) and ≥ 15% is 2’-FL (dry weight).

Characteristics/Composition:

Appearance: Powder, agglomerates, powder with agglomerates

Colour: White to off-white

Assay (water-free) – Specified saccharides (includes LNFP-I, 2’-FL, lacto-N-tetraose, difucosyl-D-lactose, 3-fucosyllactose, D-lactose, L-fucose and 2’-fucosyl-lactitol, LNFP-I fructose isomer and 2’-fucosyl-D-lactulose): ≥ 90.0 w/w %

Assay (water-free) – LNFP-I and 2’-FL: ≥ 75.0 w/w %

Assay (water-free) – LNFP-I: ≥ 50.0 w/w %

Assay (water-free) – 2’-FL: ≥ 15.0 w/w %

Lacto-N-tetraose: ≤ 5.0 w/w%

3-Fucosyllactose: ≤ 1.0 w/w %

Sum of L-fucose and 2’-fucosyl-lactitol: ≤ 1.0 w/w %

D-Lactose: ≤ 10.0 w/w %

Difucosyl-D-lactose: ≤ 2.0 w/w %

LNFP-I fructose isomer: ≤ 1.5 w/w %

2’-Fucosyl-D-lactulose: ≤ 1.0 w/w %

Sum of other carbohydrates: ≤ 6.0 w/w %

pH in 5% solution (20°C): 4.0 – 7.0

Water: ≤ 8.0 w/w %

Ash, sulphated: ≤ 0.5 w/w %

Residual protein by Bradford assay: ≤ 0.01 w/w %

Heavy metals:

Arsenic: ≤ 0.2 mg/kg

Mycotoxins:

Residual endotoxins: ≤10 EU/mg

Aflatoxin M1: ≤0.025 µg/kg

Microbiological criteria:

Aerobic mesophilic total plate count: ≤ 1000 CFU/g

Enterobacteriaceae: Absent in 10g

Salmonella spp: Absent in 25g

Yeasts: ≤ 100 CFU/g

Moulds: ≤ 100 CFU/g

Bacillus cereus: ≤ 50 CFU/g

Listeria monocytogenes: Absent in 25g

Cronobacter spp.: Absent in 10g

CFU: Colony Forming Units

EU: Endotoxin Units.

Regulation 5

SCHEDULE 8Corrections to existing entries in the Annex (domestic list of novel foods authorised to be placed on the market within Great Britain) to Commission Implementing Regulation (EU) 2017/2470 concerning the authorisation of bovine milk basic whey protein isolate and xylo-oligosaccharides

1.  In Table 1 (authorised novel foods), for the entry for bovine milk basic whey protein isolate substitute the following entry—

table
table

2.  In Table 2 (specifications), for the entry for Xylo-oligosaccharides, in column 2 (description/definition), after the row specifying the moisture (%) content, insert—

Dry Material (%)--70 -75
(1)

The entries for E 960a to E 960c were re-named by paragraph 3(a) of this schedule.

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