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The Food Additives (England) Regulations 2009

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Use of miscellaneous additives

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8.  (1)  No person shall use in or on any food any miscellaneous additive other than a permitted miscellaneous additive.

(2) Subject to the first paragraph of note 3 to Annex I to Directive 95/2, no person shall use any permitted miscellaneous additive listed in that Annex in or on any food which is listed in Article 2.3(a) of that Directive but not in the first column of Annex II to that Directive.

(3) Subject to the first paragraph of note 3 to Annex I to Directive 95/2, no person shall use any permitted miscellaneous additive listed in that Annex in or on any food which is listed in the first column of Annex II to that Directive, except a permitted miscellaneous additive which is listed, or referred to, in relation to that food in the second column of that Annex in an amount not exceeding the maximum level (if any) for such additive in or on such food as listed in the third column of that Annex.

(4) No person shall use any permitted miscellaneous additive listed in Annex I to Directive 95/2 in or on any food which is listed neither in Article 2.3(a) of that Directive nor in the first column of Annex II to that Directive and is not food for infants or young children, in an amount higher than quantum satis or otherwise than in compliance with note 2 to and the second paragraph of note 3 to Annex I to that Directive.

(5) No person shall use any permitted miscellaneous additive listed in Annex III or IV to Directive 95/2 in or on any food which is not food for infants or young children, other than a food which is listed in either of those Annexes in relation to that additive and in accordance with the provisions contained in those Annexes governing the use of such additive in or on such food.

(6) No person shall use any miscellaneous additive primarily as a carrier or carrier solvent unless that additive is a permitted miscellaneous additive listed in Annex V to Directive 95/2 and its use complies with the restrictions (if any) mentioned in relation to that additive in the third column of that Annex.

(7) Subject to the first paragraph of note 3 to Annex I to Directive 95/2, no person shall use any permitted miscellaneous additive in or on any food for infants or young children unless that additive is listed in Annex VI to Directive 95/2, in which case it may be used only in accordance with the conditions contained in that Annex.

(8) No person shall use in or on any food for infants or young children any relevant food additive in combination with a miscellaneous additive which has been used primarily as a carrier or carrier solvent unless that miscellaneous additive is listed in Annex VI to Directive 95/2 and its presence in or on the food is in accordance with the conditions contained in that Annex.

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