2001 No. 60

FOOD, ENGLAND

The Miscellaneous Food Additives (Amendment) (England) Regulations 2001

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred by sections 16(1)(a), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990M1, and of all other powers enabling him in that behalf, after having regard, in accordance with section 48(4) of that Act, to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B) of that Act, hereby makes the following Regulations:

Annotations:
Marginal Citations
M1

1990 c. 16; section 6(4)(a) of the Act was amended by the Deregulation and Contracting Out Act 1994 (c. 40) Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) Schedule 5, paragraph 10(3). Functions formerly exercisable by “the Ministers” are now exercisable, in relation to England, by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999; functions formerly exercisable by “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); those functions, so far as exercisable in relation to Scotland, were transferred to “the Scottish Ministers” by section 53 of the Scotland Act 1998 (c. 46). Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend existing Regulations made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.

Title, commencement, extent and interpretation1

These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2001, shall come into force on 30th March 2001 and shall extend to England.

Amendment of the principal Regulations2

The Miscellaneous Food Additives Regulations 1995 M2 shall be amended, in so far as they extend to England, in accordance with regulations 3 to 5 below.

3

In regulation 2(1) (interpretation), in the definition of “Directive 96/77/EC” there shall be added at the end the words “ and Commission Directive 2000/63/ECM3.

Annotations:
Marginal Citations
M3

OJ No. L277, 30.10.2000, p. 1.

4

In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1B) the following paragraph—

1C

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 31st March 2001; and

b

the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 and 5 of the Miscellaneous Food Additives (Amendment) (England) Regulations 2001 had not been made when that matter occurred.

5

In Schedule 5 (purity criteria) the entries relating to the miscellaneous additives listed in the Schedule to these Regulations shall be omitted.

Consequential amendments6

1

In so far as any Instrument listed in regulation 14(1) of the Miscellaneous Food Additives (Amendment) Regulations 1999 M4 extends to England, that provision shall cease to have effect in relation to that instrument.

2

In the following instruments, in so far as they extend to England, references to the Miscellaneous Food Additives Regulations 1995 shall be construed as references to those instruments as amended by the Miscellaneous Food Additives (Amendment) Regulations 1997 M5, the Miscellaneous Food Additives (Amendment) Regulations 1999 and these Regulations:

  • the Mineral Hydrocarbons in Food Regulations 1966 M6

  • the Specified Sugar Products Regulations 1976 M7

  • the Cocoa and Chocolate Products Regulations 1976 M8

  • the Fruit Juices and Fruit Nectars Regulations 1977 M9

  • the Condensed Milk and Dried Milk Regulations 1977 M10

  • the Jam and Similar Products Regulations 1981 M11

  • the Meat Products and Spreadable Fish Products Regulations 1984 M12

  • the Food Additives Labelling Regulations 1992 M13.

  • the Food Labelling Regulations 1996 M14.

Signed by authority of the Secretary of State for Health.

Gisela StuartParliamentary Under-Secretary of State,Department of Health

SCHEDULE MISCELLANEOUS ADDITIVES FOR WHICH PURITY CRITERIA SPECIFIED OR REFERRED TO IN SCHEDULE 5 TO THE PRINCIPAL REGULATIONS ARE OMITTED

Regulation 5

E 296

Malic acid

E 297

Fumaric acid

E 350(i)

Sodium malate

E 350(ii)

Sodium hydrogen malate

E 351

Potassium malate

E 352(i)

Calcium malate

E 352(ii)

Calcium hydrogen malate

E 355

Adipic acid

E 363

Succinic acid

E 380

Triammonium citrate

E 500(i)

Sodium carbonate

E 500(ii)

Sodium hydrogen carbonate

E 500(iii)

Sodium sesquicarbonate

E 501(i)

Potassium carbonate

E 501(ii)

Potassium hydrogen carbonate

E 503(i)

Ammonium carbonate

E 503(ii)

Ammonium hydrogen carbonate

E 507

Hydrochloric acid

E 509

Calcium chloride

E 513

Sulphuric acid

E 514(i)

Sodium sulphate

E 515(i)

Potassium sulphate

E 516

Calcium sulphate

E 522

Aluminium potassium sulphate

E 524

Sodium hydroxide

E 525

Potassium hydroxide

E 526

Calcium hydroxide

E 527

Ammonium hydroxide

E 528

Magnesium hydroxide

E 529

Calcium oxide

E 530

Magnesium oxide

E 535

Sodium ferrocyanide

E 536

Potassium ferrocyanide

E 541

Sodium aluminium phosphate, acidic

E 551

Silicon dioxide

E 552

Calcium silicate

E 553a(i)

Magnesium silicate

E 553a(ii)

Magnesium trisilicate

E 575

Glucono-delta-lactone

E 576

Sodium gluconate

E 577

Potassium gluconate

E 578

Calcium gluconate

E 640

Glycine

E 900

Dimethylpolysiloxane

E 901

Beeswax, white and yellow

E 903

Carnauba wax

E 904

Shellac

E 941

Nitrogen

E 942

Nitrous oxide

E 948

Oxygen

E 999

Extract of quillaia

E 1200

Polydextrose

Propane-1, 2-diol (propylene glycol)

(This note is not part of the Regulations)

These Regulations, which apply to England only, amend the Miscellaneous Food Additives Regulations 1995, as amended (“the principal Regulations”).

The Regulations implement Commission Directive 2000/63/EC amending Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners (OJ No. L277, 30.10.2000, p. 1).

Subject to a transitional provision, the Regulations amend the existing requirements in the principal Regulations as regards the purity criteria for butylated hydroxyanisole (BHA) and specify new purity criteria in relation to the additives specified in Annex II to Commission Directive 2000/63/EC (regulations 3 to 5).

The Regulations also make consequential amendments to the instruments specified in regulation 4, as regards references in those instruments to the principal Regulations (regulation 6).

No regulatory impact assessment has been prepared in respect of these Regulations.