2011 No. 305  
Food

The Food Additives (Scotland) Amendment (No. 2) Regulations 2011

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 (f), 17(1) and 48(1) of the Food Safety Act 19901 and all other powers enabling them to do so.
In accordance with section 48(4A) of that Act, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency2.
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 and commencement1.

These Regulations may be cited as the Food Additives (Scotland) Amendment (No. 2) Regulations 2011 and come into force on 1st September 2011.

Amendment of the Food Additives (Scotland) Regulations 20092.

(1)

The Food Additives (Scotland) Regulations 20094 are amended as follows.

(2)

In regulation 2(1)(interpretation), in the definition of “permitted colour”, for the words from “the” in the second place that word occurs to the end of that definition, substitute, “Annex I to Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs5, as amended by Commission Directive 2011/3/EU amending Directive 2008/128/EC laying down specific purity criteria on colours for use in foodstuffs6”.
MICHAEL MATHESON
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations implement Commission Directive 2011/3/EU amending Directive 2008/128/EC laying down specific purity criteria on colours for use in foodstuffs (O.J. L 13, 18.1.2011, p.59).

Commission Directive 2011/3/EU revises the purity criteria for lycopene derived from red tomatoes and permits the use of two new sources of lycopene (synthetic lycopene and lycopene from Blakeslea trispora) in accordance with prescribed purity criteria. These Regulations implement this by making an amendment to regulation 2 (interpretation) of the Food Additives (Scotland) Regulations 2009 so that the reference to Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs (O.J. L 6, 10.1.2009, p.20) is a reference to that Directive as amended by Commission Directive 2011/3/EU.

A Business and Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on the costs of business.