2009 No. 167

FOOD

The Purity Criteria for Colours, Sweeteners and Miscellaneous Food Additives (Scotland) Regulations 2009

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(a) and 17(1) of the Food Safety Act 19901 and all other powers enabling them to do so.

In accordance with section 48(4A)2 of that Act, they have had regard to relevant advice given by the Food Standards Agency.

There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety3.

Citation, commencement and extent1

1

These Regulations may be cited as the Purity Criteria for Colours, Sweeteners and Miscellaneous Food Additives (Scotland) Regulations 2009 and come into force on 25th May 2009.

2

These Regulations extend to Scotland only.

Amendment of the Colours in Food Regulations 19952

1

The Colours in Food Regulations 19954 are amended in accordance with paragraph (2).

2

In regulation 2(1) (interpretation)–

a

for the definition of “Directive 95/45/EC” substitute the following–

  • “Directive 2008/128/EC” means Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs5;

b

in the definition of “permitted colour”, for the expression “the annex to Directive 95/45/EC” substitute the expression “Annex I to Directive 2008/128/EC”.

Amendment of the Sweeteners in Food Regulations 19953

1

The Sweeteners in Food Regulations 19956 are amended in accordance with paragraph (2).

2

In regulation 2(1) (interpretation)–

a

for the definition of “Directive 95/31/EC” substitute the following–

  • “Directive 2008/60/EC” means Commission Directive 2008/60/EC laying down specific purity criteria concerning sweeteners for use in foodstuffs;

b

in the definition of “permitted sweetener”, for the expression “the annex to Directive 95/31/EC” substitute the expression “Annex I to Directive 2008/60/EC”.

Amendment of the Miscellaneous Food Additives Regulations 19954

1

The Miscellaneous Food Additives Regulations 19957 are amended in accordance with paragraph (2).

2

In regulation 2(1) (interpretation)–

a

for the definition of “Directive 96/77/EC” substitute the following–

  • “Directive 2008/84/EC” means Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners8 as that Directive stood before the amendment made by Commission Directive 2009/10/EC amending Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweetners9;

b

in the definition of “purity criteria”, in paragraph (a) for the expression “the Annex to Directive 96/77/EC” substitute the expression “Annex I to Directive 2008/84/EC”.

S ROBISONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations provide for the implementation of three new Commission Directives (“the new Directives”) which consolidate existing European Community rules governing the purity criteria for colours, sweeteners and other miscellaneous additives used in food.

These Regulations further amend in relation to Scotland the Colours in Food Regulations 1995, the Sweeteners in Food Regulations 1995 and the Miscellaneous Food Additives Regulations 1995 (“the domestic provisions”).

Implementation of the Directives which the new Directives replace was by reference to them in domestic provisions, and these Regulations therefore update those references.

The new Directives are–

a

Commission Directive 2008/128/EC laying down specific purity criteria for colours for use in foodstuffs;

b

Commission Directive 2008/60/EC laying down specific purity criteria concerning sweeteners for use in foodstuffs; and

c

Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners.

A regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.