EXPLANATORY NOTE
(This note is not part of the Regulations)
1. These Regulations implement in England Commission Directive 2011/3/EU amending Directive 2008/128/EC laying down specific purity criteria on colours for use in foodstuffs (OJ No. L13, 18.1.2011, p.59) (“the amending Directive”).
2. The amending Directive revises the purity criteria for lycopene derived from red tomatoes, and permits the use of two new sources of lycopene in accordance with prescribed purity criteria.
3. These Regulations implement the amending Directive by making an amendment to regulation 2 of the Food Additives (England) Regulations 2009 ( S.I. 2009/3238) so that the definitions of Directive 08/128 in that regulation includes reference to the amending Directive (regulation 2(2)).
4. The permission to use the two new sources of lycopene (synthetic lcopene and lycopene from Blakeslea trispora) is brought into force earlier than the revision of existing purity criteria for lycopene from red tomatoes (regulation 3).
5. The Food Standards Agency is required to review the operation and effect of these Regulations within five years of their first coming into force and within every five years after that. Following a review it will fall to the Food Standards Agency to consider whether the Regulations should remain as they are, or be revoked or amended, and give advice to the Secretary of State accordingly. A further instrument would be needed to revoke or amend the Regulations (regulation 4).
6. An impact assessment has not been prepared for this instrument as it has no impact on business or the public or third sectors.