The Food Additives (Scotland) Amendment Regulations 2012

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.