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The Food Additives, Food Flavourings and Novel Foods (Authorisations) (Scotland) Regulations 2023

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Regulation 3

SCHEDULE 1Amendments to the domestic list of food additives approved for use in foods in Annex 2 to Regulation (EC) No. 1333/2008 concerning steviol glycosides from Stevia (E 960a) (formerly steviol glycosides (E 960)) and for the addition of rebaudioside M produced by enzyme modification of steviol glycosides from Stevia (E 960c)

1.  In Part B (list of all additives), in paragraph 2 (sweeteners)—

(a)For the entry for “Steviol glycosides” substitute—

E 960aSteviol glycosides from Stevia,

(b)after the entry referred to in paragraph (a) of this schedule insert—

E 960cEnzymatically produced steviol glycosides.

2.  In Part C (definitions of groups of additives), in sub-part 5 (other additives that may be regulated combined), after paragraph (u) insert—

(v)E 960a and E 960c: Steviol glycosides

E-numberName
E 960aSteviol glycosides from Stevia
E 960cEnzymatically produced steviol glycosides.

3.  In Part E (authorised food additives and conditions of use in food categories), in the table—

(a)in category 01.4 (flavoured fermented milk products including heat-treated products), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides100(1) (60)only energy-reduced products or with no added sugar,

(b)in category 03 (edible ices), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides200(1) (60)only energy-reduced products or with no added sugar,

(c)in category 04.2.2 (fruit and vegetables in vinegar, oil, or brine), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides100(1) (60)only sweet-sour preserves of fruit and vegetables,

(d)in category 04.2.4.1 (fruit and vegetable preparations excluding compote), for the entry “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides200(1) (60)only energy-reduced,

(e)in category 04.2.5.1 (extra jam and extra jelly), for the entry “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides200(1) (60)only energy-reduced jams, jellies and marmalades,

(f)in category 04.2.5.2 (jams, jellies and marmalades and sweetened chestnut purée), for the entry “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides200(1) (60)only energy-reduced jams, jellies and marmalades,

(g)in category 04.2.5.3 (other similar fruit or vegetable spreads), for the entry “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides200(1) (60)only energy-reduced fruit or vegetable spreads and dried-fruit-based sandwich spreads, energy-reduced or with no added sugar,

(h)in category 05.1 (cocoa and chocolate products), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides270(1) (60)only energy-reduced or with no added sugar,

(i)in category 05.2 (other confectionery including breath freshening microsweets)—

(i)for the first entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides270(1) (60)only cocoa or dried-fruit-based, energy-reduced or with no added sugar,

(ii)for the second entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides330(1) (60)only cocoa, milk, dried-fruit-based or fat-based sandwich spreads, energy-reduced or with no added sugar,

(iii)for the third entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides350(1) (60)

only confectionery with no added sugar

only energy-reduced hard confectionery, such as candies and lollies

only energy-reduced soft confectionery, such as chewy candies, fruit gums and foam sugar products/marshmallows

only energy-reduced liquorice

only energy-reduced nougat

only energy-reduced marzipan,

(iv)for the fourth entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides2000(1)(60)only breath-freshening microsweets, energy-reduced or with no added sugar,

(v)for the fifth entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides670(1) (60)only strongly flavoured freshening throat pastilles, energy-reduced or with no added sugar,

(j)in category 05.3 (chewing gum), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides3300(1) (60)only with no added sugar,

(k)in category 05.4 (decorations, coatings and fillings, except fruit-based fillings covered by category 4.2.4)—

(i)for the first entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides330(1) (60)only confectionery with no added sugar,

(ii)for the second entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides270(1) (60)only cocoa or dried-fruit-based, energy-reduced or with no added sugar,

(l)in category 06.3 (breakfast cereals), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides330(1) (60)only breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar,

(m)in category 07.2 (fine bakery wares), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides330(1) (60)only essoblaten – wafer paper,

(n)in category 09.2 (processed fish and fishery products including molluscs and crustaceans), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides200(1) (60)only sweet-sour preserves and semi preserves of fish and marinades of fish, crustaceans and molluscs,

(o)in category 11.4.1 (table-top sweeteners in liquid form), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosidesquantum satis(1)(60),

(p)in category 11.4.2 (table-top sweeteners in powder form), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosidesquantum satis(60),

(q)in category 11.4.3 (table-top sweeteners in tablets), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosidesquantum satis(60),

(r)in category 12.4 (mustard), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides120(1) (60),

(s)in category 12.5 (soups and broths), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides40(1) (60)only energy-reduced soups,

(t)in category 12.6 (sauces)—

(i)for the first entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides120(1) (60)except soy-bean sauce (fermented and non-fermented),

(ii)for the second entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides175(1) (60)only soy-bean sauce (fermented and non-fermented),

(u)in category 13.2 (dietary foods for special medical purposes (excluding products form food category 13.1.5)), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides330(1) (60),

(v)in category 13.3 (dietary foods for weight control diets intended to replace total daily food intake or an individual meal (the whole or part of the total daily diet)), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides270(1) (60),

(w)in category 14.1.3 (fruit nectars and vegetable nectars and similar products), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides100(1) (60)only energy-reduced or with no added sugar,

(x)in category 14.1.4 (flavoured drinks), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides80(1) (60)only energy-reduced or with no added sugar,

(y)in category 14.1.5.2 (other)—

(i)for the first entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides30(1) (60) (93)only coffee, tea and herbal infusion beverages, energy-reduced or with no added sugar,

(ii)for the second entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides30(1) (60) (93)only flavoured instant coffee and instant cappuccino products, energy-reduced or with no added sugar,

(iii)for the third entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides20(1) (60) (93)

only malt-based and chocolate/

cappuccino flavoured drinks, energy-reduced or with no added sugar,

(z)in category 14.2.1 (beer and malt beverages), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides70(1) (60)only alcohol-free beer or with an alcohol content not exceeding 1.2% volume; ‘Bière de table/Tafelbier/Table beer’ (original wort content less than 6%) except for ‘Obergäriges Einfachbier’; beers with a minimum acidity of 30 milli-equivalents expressed as NaOH; Brown beers of the ‘oud bruin’ type,

(aa)in category 14.2.8 (other alcoholic drinks including mixtures of alcoholic drinks with non-alcoholic drinks and spirits with less than 15% of alcohol), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides150(1) (60),

(bb)in category 15.1 (potato-, cereal-, flour-, or starch-based snacks), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides20(1) (60),

(cc)in category 15.2 (processed nuts), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides20(1) (60),

(dd)in category 16 (desserts excluding products covered in categories 1, 3 and 4), for the entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides100(1) (60)only energy-reduced or with no added sugar,

(ee)in category 17.1 (food supplements supplied in solid form, excluding food supplements for infants and young children)—

(i)for the first entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides670(1) (60),

(ii)for the second entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides1800(1) (60)only food supplements in chewable form,

(ff)in category 17.2 (food supplements supplied in a liquid form, excluding food supplements for infants and young children)—

(i)for the first entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides200(1) (60),

(ii)for the second entry for “Steviol glycosides” substitute—

E 960a and E 960cSteviol glycosides1800(1)(60)Only food supplements in syrup form.

Regulation 4

SCHEDULE 2Amendments to the Annex to Commission Regulation (EU) No. 231/2012 concerning the specification of steviol glycosides (E 960a) (formerly E 960) and for the addition of a specification for rebaudioside M produced via enzyme modification of steviol glycosides from Stevia (E 960c)

1.  In the entry for steviol glycosides, for the heading “E 960 STEVIOL GLYCOSIDES” substitute—

E 960a STEVIOL GLYCOSIDES FROM STEVIA.

2.  In the appropriate place, insert the following entry—

E 960c REBAUDIOSIDE M PRODUCED VIA ENZYME MODIFICATION OF STEVIOL GLYCOSIDES FROM STEVIA

Synonyms
Definition

Rebaudioside M is a steviol glycoside composed predominantly of rebaudioside M with minor amounts of other steviol glycosides such as rebaudioside A, rebaudioside B, rebaudioside D, rebaudioside I, and stevioside.

Rebaudioside M is obtained via enzymatic bioconversion of purified steviol glycoside leaf extracts (95% steviol glycosides) of the Stevia rebaudiana Bertoni plant using UDP-glucosyltransferase and sucrose synthase enzymes produced by the genetically modified yeasts K. phaffi (formerly known as Pichia pastoris) UGT-a and K. phaffi UGT-b that facilitate the transfer of glucose from sucrose and UDP-glucose to steviol glycosides via glycosidic bonds.

After removal of the enzymes by solid-liquid separation and heat treatment, the purification involves concentration of the rebaudioside M by resin adsorption, followed by recrystallisation of rebaudioside M resulting in a final product containing not less than 95 % of rebaudioside M. Viable cells or the DNA of the yeasts K. phaffii UGT-a or K. phaffii UGT-b must not be detected in the food additive.

Chemical nameRebaudioside M: 13-[(2-O-β-D-glucopyranosyl-3-O-β-D-glucopyranosyl-β-D-glucopyranosyl)oxy]kaur-16-en-18-oic acid, 2-O-β-D-glucopyranosyl-3-O-β-D-glucopyranosyl-β-D-glucopyranosyl ester
Molecular formulaTrivial nameFormulaConversion factor
Rebaudioside MC56 H90 O330.25
Molecular weight and CAS NoTrivial nameCAS NumberMolecular weight (g/mol)
Rebaudioside M1220616-44-31291.29
AssayNot less than 95% rebaudioside M on the dried basis
DescriptionWhite to light yellow powder, approximately between 200 and 350 times sweeter than sucrose (at 5% sucrose equivalency)
Identification
SolubilityFreely soluble to slightly soluble in water
pHBetween 4.5 and 7.0 (1 in 100 solution)
Purity
Total ashNot more than 1%
Loss on dryingNot more than 6% (105°C, 2h)
Residual solventNot more than 5,000 mg/kg ethanol
ArsenicNot more than 0.015 mg/kg
LeadNot more than 0.2 mg/kg
CadmiumNot more than 0.015 mg/kg
MercuryNot more than 0.07 mg/kg
Residual proteinNot more than 5 mg/kg
Particle sizeNot less than 74μm (using a mesh #200 sieve with a particle size limit of 74 μm).

Regulation 6

SCHEDULE 3Amendment to the domestic list of flavourings and source materials in Annex 1 to Regulation (EC) No. 1334/2008 for the addition of 3-(1-((3,5-dimethylisoxazol-4-yl)methyl)-1H-pyrazol-4-yl)-1-(3-hydroxybenzyl)imidazolidine-2,4-dione

1.  In Part A (domestic list of flavouring substances), in sub-part 2, in Table 1, in the appropriate place insert the following entry—

16.1273-(1-((3,5-dimethylisoxazol-4-yl)methyl)-1H-pyrazol-4-yl)-1-(3-hydroxybenzyl)imidazolidine-2,4-dione1119831-25-22161At least 99 %, assay (HPLC/UV)

Restrictions of use as a flavouring substance:

In category 1.4 – not more than 4 mg/kg

In category 1.8 – not more than 8 mg/kg

In category 3 – not more than 4 mg/kg

In category 5.1 – not more than 15 mg/kg

In category 5.2 – not more than 16 mg/kg

In category 5.3 – not more than 30 mg/kg

In category 5.4 – not more than 15 mg/kg

In category 6.3 – not more than 25 mg/kg

In category 12.1 – not more than 75 mg/kg

In category 12.2 – not more than 100 mg/kg

In category 12.3 – not more than 25 mg/kg

In category 12.4 – not more than 25 mg/kg

In category 12.5 – not more than 4 mg/kg

In category 13.2 – not more than 4 mg/kg

In category 13.3 – not more than 4 mg/kg

In category 14.1.4, dairy-based drinks only – not more than 4 mg/l

In category 14.1.5 – not more than 8 mg/kg

In category 15.1 – not more than 20mg/kg

In category 16, dairy-based desserts only – not more than 4mg/l

The Authority (2)

Regulation 7

SCHEDULE 4Amendments to the list of novel foods in the Annex to Commission Implementing Regulation (EU) 2017/2470 for the authorisation of UV-treated baker’s yeast (Saccharomyces cerevisiae) as a novel food

1.  In Table 1 (authorised novel foods), for the entry for UV-treated baker’s yeast (Saccharomyces cerevisiae) substitute the following entry—

UV-treated baker’s yeast (Saccharomyces cerevisiae)Specified food categoryMaximum levels of Vitamin D₂The designation of the novel food on the labelling of food containing it is “vitamin D yeast” or “vitamin D₂ yeast”.The novel food must be inactivated for use in infant formula, follow-on formula, processed cereal-based food and food for special medical purposes.
Yeast- leavened breads and rolls5 µg/100 g
Yeast-leavened fine bakery wares5 µg/100 g
Food supplements as defined in the Food Supplements (Scotland) Regulations 2003(3)In accordance with any relevant requirements contained in regulations applying in relation to Scotland and made under regulation 4 of the Nutrition (Amendment etc.) (EU Exit) Regulations 2019(4)
Pre-packed fresh or dry yeast for home baking

45 µg/100 g for fresh yeast

200 µg/100 g for dry yeast

The designation of the novel food on the labelling of food containing it is “vitamin D yeast” or “vitamin D₂ yeast”.

The labelling of the novel food must bear a statement that the food is only intended for baking and it should not be eaten raw.

The labelling of the novel food must bear instructions for use for the final consumer to ensure a maximum concentration of 5µg/100g of vitamin D₂ in the final home-baked product is not exceeded.

Dishes, including ready-to-eat meals (excluding soups and salads)3 µg/100 gThe designation of the novel food on the labelling of food containing it is “vitamin D yeast” or “vitamin D₂ yeast”.
Soups and salads5 µg/100 g
Fried or extruded cereal, seed or root-based products5 µg/100 g
Infant formula and follow-on formula as defined in Regulation (EU) No. 609/2013(5)In accordance with Regulation (EU) No. 609/2013
Processed cereal-based food as defined in Regulation (EU) No. 609/2013In accordance with Regulation (EU) No. 609/2013
Processed fruit products1.5 µg/100 g
Processed vegetables2 µg/100 g
Bread and similar products5 µg/100 g
Breakfast cereals4 µg/100 g
Pasta, doughs and similar products5 µg/100 g
Other cereal-based products3 µg/100 g

Spices, seasonings, condiments, sauce ingredients, dessert sauces/

toppings

10 µg/100 g
Protein products10 µg/100 g
Cheese2 µg/100 g
Dairy desserts and similar products2 µg/100 g
Fermented milk or fermented cream1.5 µg/100 g
Dairy powders and concentrates25 µg/100 g
Milk-based products, whey and cream0.5 µg/100 g
Meat and dairy analogues2.5 µg/100 g
Total diet replacement for weight control as defined by Regulation (EU) No. 609/20135 µg/100 g
Meal replacement for weight control5 µg/100 g
Food for special medical purposes as defined by Regulation (EU) No. 609/2013In accordance with the particular nutritional requirements of the persons for whom the products are intended

2.  In Table 2 (specifications) for the entry for UV-treated baker’s yeast (Saccharomyces cerevisiae) substitute the following entry—

UV-treated baker’s yeast (Saccharomyces cerevisiae)

Description/Definition

Baker’s yeast (Saccharomyces cerevisiae) is treated with ultraviolet light to induce the conversion of ergosterol to vitamin D₂ (ergocalciferol). Vitamin D₂ content in the yeast concentrate varies between 800,000 - 3,500,000 IU vitamin D/100g (200-875 μg/g). The yeast is inactivated for use in infant formula, follow-on formula, processed cereal-based food, and food for special medical purposes as defined by Regulation (EU) No. 609/2013. The yeast can be active or inactive for use in other foods.

The yeast concentrate is blended with regular baker’s yeast in order not to exceed the maximum level in the pre-packed fresh or dry yeast for home baking.

Tan-coloured, free-flowing granules.

Vitamin D₂

Chemical name: (5Z,7E,22E)-(3S)-9,10-secoergosta-5,7,10(19),22-tetraen-3-ol

Synonym: Ergocalciferol

CAS No.: 50-14-6

Molecular weight: 396.65 g/mol

Microbiological criteria for the yeast concentrate

Coliforms: ≤ 103 CFU/g

Escherichia coli: ≤ 10 CFU/g

Salmonella spp: Absence in 25 g

CFU: Colony Forming Units..

Regulation 7

SCHEDULE 5Amendments to the list of novel foods in the Annex to Commission Implementing Regulation (EU) 2017/2470 for the authorisation of vitamin D₂ mushroom powder as a novel food

1.  In Table 1 (authorised novel foods), after the existing entry for Vitamin D₂ mushroom powder insert the following entry—

Vitamin D₂ mushroom powderSpecified food categoryMaximum levels of vitamin D₂

The designation of the novel food on the labelling of food containing it is “UV-treated mushroom powder containing vitamin D₂”.

The labelling of food supplements, as defined by the Food Supplements (Scotland) Regulations 2003, containing vitamin D₂ mushroom powder must bear a statement that they should not be consumed by infants and children under 3 years of age.

Included in the list on 15 May 2023.

This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283.

Applicant: MBio, Monaghan Mushrooms, Tullygony, Tyholland, Co. Monaghan, Ireland, H18 FW95.

During the period of data protection, vitamin D₂ mushroom powder is authorised for placing on the market, within Scotland, only by MBio, Monaghan Mushrooms unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of MBio, Monaghan Mushrooms.

The data protection will expire at the end of 14 May 2028.

Breakfast cereals2.1 µg/100 g
Yeast leavened bread and similar pastries2.1 µg/100 g
Grain products and pasta and similar products2.1 µg/100 g
Fruit/vegetable juices and nectars1.1 µg/100 ml (marketed as such or reconstituted as instructed by the manufacturer)
Dairy products and analogues other than beverages2.1 µg/100 g (marketed as such or reconstituted as instructed by the manufacturer)
Dairy products and analogues as beverages1.1 µg/100 ml (marketed as such or reconstituted as instructed by the manufacturer)
Milk and dairy powders21.3 µg/100 g (marketed as such or reconstituted as instructed by the manufacturer)
Meat analogues2.1 µg/100 g
Soups2.1 µg/100 ml (marketed as such or reconstituted as instructed by the manufacturer)
Extruded vegetable snack2.1 µg/100 g
Meal replacement for weight control2.1 µg/100 g
Food for special medical purposes as defined in Regulation (EU) 609/2013 excluding those intended for infantsIn accordance with the particular nutritional requirements of the persons for whom the products are intended
Food supplements as defined in the Food Supplements (Scotland) Regulations 2003 excluding food supplements for infants and children under 3 years of age15 µg of vitamin D₂/day

2.  In Table 2 (specifications), after the entry for Vitamin D₂ mushroom powder insert the following entry—

Vitamin D₂ mushroom powder

Description/Definition

The novel food is mushroom powder produced from dried whole Agaricus bisporus mushrooms. The process includes drying, milling and the controlled exposure of the mushroom powder to ultraviolet light.

Characteristics/Composition

Vitamin D₂ content: 580-595 µg/g of mushroom powder

Ash: ≤ 13.5%

Water activity: < 0.5

Moisture content: ≤ 7.5%

Carbohydrates: ≤ 35%

Total dietary fibre: ≥ 15%

Crude protein (N x 6.25): ≥ 22%

Fat: ≤ 4.5%

Heavy metals

Lead: ≤ 0.5 mg/kg

Cadmium: ≤ 0.5 mg/kg

Mercury: ≤ 0.1 mg/kg

Arsenic: ≤ 0.3 mg/kg

Mycotoxins

Aflatoxin B1: ≤ 0.1 µg/kg

Aflatoxins (sum of B1 + B2 + G1 + G2): < 4 µg/kg

Microbiological criteria

Total plate count: ≤ 5000 CFU 14

Total yeast and mould count: ≤ 100 CFU/g

Escherichia coli: < 10 CFU/g

Salmonella spp.: Absence in 25 g

Staphylococcus aureus: ≤ 10 CFU/g

Coliforms: ≤ 10 CFU/g

Listeria spp.: Absence in 25 g

Enterobacteriaceae: < 10 CFU/g

CFU: Colony Forming Units..

(1)

“Quantum satis” is defined in Article 3(2)(h) of EUR 2008/1333 to mean that no maximum numerical level is specified and substances shall be used in accordance with good manufacturing practice, at a level not higher than is necessary to achieve the intended purpose and provided the consumer is not misled.

(2)

“Authority” is defined in Article 3(2)(l) of EUR 2008/1334 to mean Food Standards Scotland as regards Scotland. The definition of “Authority” was inserted by S.I. 2019/860.

(3)

S.S.I. 2003/278, to which there are amendments not relevant to these Regulations.

(4)

S.I. 2019/651, as relevantly amended by S.I. 2020/1476.

(5)

EUR 2013/609, as relevantly amended by S.I. 2019/651.

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