The Sweeteners in Food Regulations 1995

Statutory Instruments

1995 No. 3123

FOOD

The Sweeteners in Food Regulations 1995

Made

3rd December 1995

Laid before Parliament

11th December 1995

Coming into force

1st January 1996

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1)(a) and (e), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990(1) and of all other powers enabling them in that behalf, hereby make the following Regulations, after consultation in accordance with section 48(4) of the said Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations:

Title and commencement

1.  These Regulations may be cited as the Sweeteners in Food Regulations 1995, and shall come into force on 1st January 1996.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Food Safety Act 1990;

“Directive 94/35/EC” means European Parliament and Council Directive 94/35/EC(2) on sweeteners for use in foodstuffs;

“Directive 95/31/EC” means Commission Directive 95/31/EC(3) laying down specific criteria of purity concerning sweeteners for use in foodstuffs;

“food” means food sold, or intended for sale, for human consumption, and in regulation 6 and for the purposes of regulation 9 includes a sweetener;

“food additive” means any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food, whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food results, or may reasonably be expected to result, in it or its by-products becoming directly or indirectly a component of such foods;

“infants” means children under the age of twelve months;

“member State” means a member State of the European Community;

“permitted sweetener” means any sweetener specified in Column 2 of Schedule 1 which satisfies the specific purity criteria for that sweetener set out in the annex to Directive 95/31/EC;

“sell” includes possess for sale, and offer, expose or advertise for sale, and “sale” and “sold” shall be construed accordingly;

“sweetener” means any food additive which is used or intended to be used—

(a)

to impart a sweet taste to food, or

(b)

as a table-top sweetener;

“young children” means children aged between one and three years,

and other expressions used in these Regulations and in Directive 94/35/EC have, in so far as the context admits, the same meaning as they bear in that Directive.

(2) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(3) In Schedule 1—

(a)in Column 3, the description “with no added sugar” means that the food to which it refers does not contain any—

(i)added monosaccharide,

(ii)added disaccharide,

(iii)other added food used for its sweetening properties;

(b)in Column 3, the description “energy-reduced” means that the food to which it refers has an energy value reduced by at least 30 per cent compared with the original or a similar food;

(c)in Column 4, the maximum usable dose indicated in relation to a food is the maximum amount, in milligrams, of permitted sweetener per kilogram or, as the case may be, per litre of that food which is ready to eat having been prepared according to any instructions for use;

(d)in Column 4, “quantum satis” means that no maximum level of permitted sweetener in or on a corresponding food is specified but that in or on such food a permitted sweetener may be used in accordance with good manufacturing practice at a level not higher than is necessary to achieve the intended purpose and provided that such use does not mislead the consumer.

Sale and use of sweeteners

3.—(1) Subject to regulation 4, no person shall sell any sweetener which is intended—

(a)for sale to the ultimate consumer, or

(b)for use in or on any food,

other than a permitted sweetener.

(2) No person shall use in or on any food any sweetener other than a permitted sweetener.

(3) Subject to paragraph (4) below, no person shall use any permitted sweetener in or on any food listed in Column 3 of Schedule 1 other than a permitted sweetener listed in relation to that food in Column 2 of Schedule 1 in an amount not exceeding the maximum usable dose for such permitted sweetener in or on such food as listed in Column 4 of Schedule 1.

(4) No person shall use any permitted sweetener in or on any food for infants or young children as specified in Council Directive 89/398/EEC(4) on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses.

Sale of table-top sweeteners

4.  No person shall sell any table-top sweetener unless—

(a)it contains no sweetener other than a permitted sweetener, and

(b)it is marked or labelled—

(i)with the description “x-based table-top sweetener”, substituting for x the name of any permitted sweetener which it contains,

(ii)where it contains polyols, with the warning “excessive consumption may induce laxative effects”, and

(iii)where it contains aspartame, with the warning “contains a source of phenylalanine”.

Sale of food containing sweeteners

5.  No person shall sell any food having in it or on it any added sweetener other than a permitted sweetener which has been used in or on that food without contravening any of the provisions of paragraphs (2), (3) and (4) of regulation 3.

Condemnation of food

6.  Where any food is certified by a food analyst as being food which it is an offence against these Regulations to sell, that food may be treated for the purposes of section 9 of the Act (under which food may be seized and destroyed on the order of a justice of the peace) as failing to comply with food safety requirements, and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.

Offences, penalties and enforcement

7.—(1) If any person contravenes or fails to comply with any of the provisions of these Regulations he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(3) Subject to paragraph (4) below, each food authority shall enforce and execute these Regulations in its area.

(4) In this regulation “food authority” does not include—

(a)the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change;

(b)until 1st April 1996, the council of a district in Wales; or

(c)the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).

Defence in relation to exports

8.  In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove—

(a)that the food or, as the case may be, sweetener in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that such food or sweetener complies with that legislation; and

(b)in the case of export to another member State, that the legislation complies with Council Directive 89/107/EEC(5) on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption, Directive 94/35/EC and Directive 95/31/EC.

Application of various provisions of the Food Safety Act 1990

9.  The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations—

(a)section 2 (extended meaning of “sale” etc.);

(b)section 3 (presumption that food intended for human consumption);

(c)section 20 (offences due to fault of another person);

(d)section 21 (defence of due diligence);

(e)section 22 (defence of publication in the course of business);

(f)section 30(8) (which relates to documentary evidence);

(g)section 33 (obstruction etc. of officers);

(h)section 36 (offences by bodies corporate);

(i)section 44 (protection of officers acting in good faith).

Revocations and amendments

10.—(1) The Regulations specified in Columns 1 and 2 of Schedule 2 shall be revoked to the extent specified in Column 3 of that Schedule.

(2) In paragraph (1) of regulation 2 (interpretation) of both the Jam and Similar Products Regulations 1981(6) and the Jam and Similar Products (Scotland) Regulations 1981(7), for the definition of “permitted sweetener” there shall be substituted the following definition—

“permitted sweetener” means any sweetener in so far as its use is permitted by the Sweeteners in Food Regulations 1995;.

(3) In the definition of “additive” in paragraph (1) of regulation 2 (interpretation) of both—

(a)the Meat Products and Spreadable Fish Products Regulations 1984(8), for the words “the Sweeteners in Food Regulations 1983”, and

(b)the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984(9), for the words “the Sweeteners in Food (Scotland) Regulations 1983”,

there shall be substituted, in each case, the words “the Sweeteners in Food Regulations 1995”.

(4) In the Food Additives Labelling Regulations 1992(10), in Part II of Schedule 1 (categories of food additives), in subparagraph (n), for the date “1983” there shall be substituted the date “1995”.

Transitional provision and exemption

11.—(1) In any proceedings for an offence against these Regulations it shall be a defence to prove that—

(a)(i)the act was committed before 30th June 1996, or

(ii)the act was that of selling a sweetener or a food which, in either case, was put on the market or labelled before 30th June 1996; and

(b)the matters constituting the offence would not have constituted an offence under any Regulations now revoked or amended by these Regulations if those Regulations had been in operation (in the case of Regulations now being amended, as if such amendments had not been made) when the act was committed or the sweetener or, as the case may be, the food was put on the market or labelled.

(2) These Regulations shall not apply to any sweetener or, as the case may be, food which—

(a)is brought into Great Britain before 30th June 1996 from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and

(b)is suitably labelled to give the nature of the sweetener or, as the case may be, the food.

(3) For the purpose of paragraph (2) above, “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.

Angela Browning

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

3rd December 1995

Signed by authority of the Secretary of State for Health:

Cumberlege

Parliamentary Under Secretary of State,

Department of Health

17th November 1995

Signed by authority of the Secretary of State for Wales:

Rod Richards

Parliamentary Under Secretary of State, Welsh Office

23rd November 1995

Lindsay

Parliamentary Under Secretary of State, Scottish Office

21st November 1995

Regulations 2(1) and (3) and 3(3)

SCHEDULE 1PERMITTED SWEETENERS AND THE FOODS IN OR ON WHICH THEY MAY BE USED

Column 1Column 2Column 3Column 4
EC No.Permitted sweetenerFoods in or on which permitted sweeteners may be usedMaximum usable dose
Desserts and similar products
{–Water-based flavoured desserts, energy-reduced or with no added sugar}
{–Milk and milk-derivative-based preparations, energy-reduced or with no added sugar}
{–Fruit and vegetable-based desserts, energy-reduced or with no added sugar}
E 420

Sorbitol {

(i)

Sorbitol

(ii)

Sorbitol syrup

–Egg-based desserts, energy-reduced or with no added sugar}
E 421Mannitol {–Cereal-based desserts, energy-reduced or with no added sugar}
E 953Isomalt {–Breakfast cereals or cereal-based products, energy reduced or with no added sugar} quantum satis
E 965

Maltitol {

(i)

Maltitol

(ii)

Maltitol syrup

–Fat-based desserts, energy-reduced or with no added sugar}
E 966Lactitol {–Edible ices, energy-reduced or with no added sugar}
E 967Xylitol {–Jams, jellies, marmalades and crystallized fruit, energy-reduced or with no added sugar}
{–Fruit preparations, energy-reduced or with no added sugar, with the exception of those intended for the manufacture of fruit-juice-based drinks}
Confectionery
{–Confectionery with no added sugar}
{–Dried-fruit-based confectionery, energy-reduced or with no added sugar}
{–Starch-based confectionery, energy-reduced or with no added sugar}
{–Chewing gum with no added sugar}
Miscellaneous
E420{–Cocoa-based products, energy-reduced or with no added sugar}
E 421{–Cocoa-, milk-, dried fruitor fat-based sandwich spreads, energy-reduced or with no added sugar}
E 953
E 965{–Sauces} quantum satis
E 966{–Mustard}
E 967 (cont'd){–Fine bakery products, energy-reduced or with no added sugar}
{–Products intended for particular nutritional uses}
{–Solid food supplements/dietary integrators}
E 950Acesulfame KNon-alcoholic drinks
–Water-based flavoured drinks, energy-reduced or with no added sugar350 mg/l
–Milkand milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar350 mg/l
Desserts and similar products
–Water-based flavoured desserts, energy-reduced or with no added sugar350 mg/kg
–Milk and milk-derivative-based preparations, energy-reduced or with no added sugar350 mg/kg
–Fruit and vegetable-based desserts, energy-reduced or with no added sugar350 mg/kg
–Egg-based desserts, energy-reduced or with no added sugar350 mg/kg
–Cereal-based desserts, energy-reduced or with no added sugar350 mg/kg
–Fat-based desserts, energy-reduced or with no added sugar350 mg/kg
Confectionery
–Confectionery with no added sugar500 mg/kg
–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar500 mg/kg
–Starch-based confectionery, energy-reduced or with no added sugar1000 mg/kg
–Chewing gum with no added sugar2000 mg/kg
Miscellaneous
–“Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts350 mg/kg
–Cocoa-, milk-, dried-fruitor fat-based sandwich spreads, energy-reduced or with no added sugar1000 mg/kg
–Cider and perry350 mg/l
–Alcohol-free beer or with an alcohol content not exceeding 1.2% vol350 mg/l
–“Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”350 mg/l
–Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH350 mg/l
–Brown beers of the “oud bruin” type350 mg/l
–Edible ices, energy-reduced or with no added sugar800 mg/kg
–Canned or bottled fruit, energy-reduced or with no added sugar350 mg/kg
–Energy-reduced jams, jellies and marmalades1000 mg/kg
–Energy-reduced fruit and vegetable preparations350 mg/kg
–Sweet-sour preserves of fruit and vegetables200 mg/kg
–Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs200 mg/kg
–Sauces350 mg/kg
–Mustard350 mg/kg
–Fine bakery products for special nutritional uses1000 mg/kg
–Complete formulae for weight control intended to replace total daily food intake or an individual meal450 mg/kg
–Complete formulae and nutritional supplements for use under medical supervision450 mg/kg
–Liquid food supplements/dietary integrators350 mg/l
–Solid food supplements/dietary integrators500 mg/kg
–Vitamins and dietary preparations2000 mg/kg
E951AspartameNon-alcoholic drinks
–Water-based flavoured drinks, energy-reduced or with no added sugar600 mg/l
–Milk and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar600 mg/l
Desserts and similar products
–Water-based flavoured desserts, energy-reduced or with no added sugar1000 mg/kg
–Milkand milk-derivative-based preparations, energy-reduced or with no added sugar1000 mg/kg
–Fruitand vegetable-based desserts, energy-reduced or with no added sugar1000 mg/kg
–Egg-based desserts, energy-reduced or with no added sugar1000 mg/kg
–Cereal-based desserts, energy-reduced or with no added sugar1000 mg/kg
–Fat-based desserts, energy-reduced or with no added sugar1000 mg/kg
Confectionery
–Confectionery with no added sugar1000 mg/kg
–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar2000 mg/kg
–Starch-based confectionery, energy-reduced or with no added sugar2000 mg/kg
–Chewing gum with no added sugar5500 mg/kg
Miscellaneous
–“Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts500 mg/kg
–Cocoa-, milk-, dried-fruitor fat-based sandwich spreads, energy-reduced or with no added sugar1000 mg/kg
–Cider and perry600 mg/l
–Alcohol-free beer or with an alcohol content not exceeding 1.2% vol600 mg/l
–“Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”600 mg/l
–Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH600 mg/l
–Brown beers of the “oud bruin” type600 mg/l
–Edible ices, energy-reduced or with no added sugar800 mg/kg
–Canned or bottled fruit, energy-reduced or with no added sugar1000 mg/kg
–Energy-reduced jams, jellies and marmalades1000 mg/kg
–Energy-reduced fruit and vegetable preparations1000 mg/kg
–Sweet-sour preserves of fruit and vegetables300 mg/kg
–Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs300 mg/kg
–Sauces350 mg/kg
–Mustard350 mg/kg
–Fine bakery products for special nutritional uses1700 mg/kg
–Complete formulae for weight control intended to replace total daily food intake or an individual meal800 mg/kg
–Complete formulae and nutritional supplements for use under medical supervision1000 mg/kg
–Liquid food supplements/dietary integrators600 mg/kg
–Solid food supplements/dietary integrators2000 mg/kg
–Vitamins and dietary preparations5500 mg/kg
E 952Cyclamic acid and its Na and Ca salts(11)Non-alcoholic drinks
–Water-based flavoured drinks, energy-reduced or with no added sugar400 mg/l
–Milk and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar400 mg/l
Desserts and similar products
–Water-based flavoured desserts, energy-reduced or with no added sugar250 mg/kg
–Milk and milk-derivative-based preparations, energy-reduced or with no added sugar250 mg/kg
–Fruit and vegetable-based desserts, energy-reduced or with no added sugar250 mg/kg
–Egg-based desserts, energy-reduced or with no added sugar250 mg/kg
–Cereal-based desserts, energy-reduced or with no added sugar250 mg/kg
–Fat-based desserts, energy-reduced or with no added sugar250 mg/kg
Confectionery
–Confectionery with no added sugar500 mg/kg
–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar500 mg/kg
–Starch-based confectionery, energy-reduced or with no added sugar500 mg/kg
–Chewing gum with no added sugar1500 mg/kg
Miscellaneous
–Cocoa-, milk-, dried-fruitor fat-based sandwich spreads, energy-reduced or with no added sugar500 mg/kg
–Edible ices, energy-reduced or with no added sugar250 mg/kg
–Canned or bottled fruit, energy-reduced or with no added sugar1000 mg/kg
–Energy-reduced jams, jellies and marmalades1000 mg/kg
–Energy-reduced fruit and vegetable preparations250 mg/kg
–Fine bakery products for special nutritional uses1600 mg/kg
–Complete formulae for weight control intended to replace total daily food intake or an individual meal400 mg/kg
–Complete formulae and nutritional supplements for use under medical supervision400 mg/kg
–Liquid food supplements/dietary integrators400 mg/kg
–Solid food supplements/dietary integrators500 mg/kg
E 954Saccharin and its Na, K and Ca salts(12)Non-alcoholic drinks
–Water-based flavoured drinks, energy-reduced or with no added sugar80 mg/l
–Milk and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar80 mg/l
–“Gaseosa”: non-alcoholic water-based drink with added carbon dioxide, sweeteners and flavourings100 mg/l
Desserts and similar products
–Water-based flavoured desserts, energy-reduced or with no added sugar100 mg/kg
–Milk and milk-derivative-based preparations, energy-reduced or with no added sugar100 mg/kg
–Fruit and vegetable-based desserts, energy-reduced or with no added sugar100 mg/kg
–Egg-based desserts, energy-reduced or with no added sugar100 mg/kg
–Cereal-based desserts, energy-reduced or with no added sugar100 mg/kg
–Fat-based desserts, energy-reduced or with no added sugar100 mg/kg
Confectionery
–Confectionery with no added sugar500 mg/kg
–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar500 mg/kg
–Starch-based confectionery, energy-reduced or with no added sugar300 mg/kg
–Chewing gum with no added sugar1200 mg/kg
Miscellaneous
–“Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts100 mg/kg
–Essoblaten800 mg/kg
–Cocoa-, milk-, dried-fruitor fat-based sandwich spreads, energy-reduced or with no added sugar200 mg/kg
–Cider and perry80 mg/l
–Alcohol-free beer or with an alcohol content not exceeding 1.2% vol80 mg/1
–“Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”80 mg/1
–Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH80 mg/1
–Brown beers of the “oud bruin” type80 mg/1
–Edible ices, energy-reduced or with no added sugar100 mg/kg
–Canned or bottled fruit, energy-reduced or with no added sugar200 mg/kg
–Energy-reduced jams, jellies and marmalades200 mg/kg
–Energy-reduced fruit and vegetable preparations200 mg/kg
–Sweet-sour preserves of fruit and vegetables160 mg/kg
–Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs160 mg/kg
–Sauces160 mg/kg
–Mustard320 mg/kg
–Fine bakery products for special nutritional uses170 mg/kg
–Complete formulae for weight control intended to replace total daily food intake or an individual meal240 mg/kg
–Complete formulae and nutritional supplements for use under medical supervision200 mg/kg
–Liquid food supplements/dietary integrators80 mg/kg
–Solid food supplements/dietary integrators500 mg/kg
–Vitamins and dietary preparations1200 mg/kg
E 957ThaumatinConfectionery
–Confectionery with no added sugar50 mg/kg
–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar50 mg/kg
–Chewing gum with no added sugar50 mg/kg
Miscellaneous
–Vitamins and dietary preparations400 mg/kg
E959Neohesperidine DCNon-alcoholic drinks
–Water-based flavoured drinks, energy-reduced or with no added sugar30 mg/l
–Milk and milk-derivative-based drinks, energy-reduced or with no added sugar50 mg/l
–Fruit-juice-based drinks, energy-reduced or with no added sugar30 mg/l
Desserts and similar products
–Water-based flavoured desserts, energy-reduced or with no added sugar50 mg/kg
–Milk and milk-derivative-based preparations, energy-reduced or with no added sugar50 mg/kg
–Fruit and vegetable-based desserts, energy-reduced or with no added sugar50 mg/kg
–Egg-based desserts, energy-reduced or with no added sugar50 mg/kg
–Cereal-based desserts, energy-reduced or with no added sugar50 mg/kg
–Fat-based desserts, energy-reduced or with no added sugar50 mg/kg
Confectionery
–Confectionery with no added sugar100 mg/kg
–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar100 mg/kg
–Starch-based confectionery, energy-reduced or with no added sugar150 mg/kg
–Chewing gum with no added sugar400 mg/kg
Miscellaneous
–Cocoa-, milk-, dried-fruitor fat-based sandwich spreads, energy-reduced or with no added sugar50 mg/kg
–Cider and perry20 mg/l
–Alcohol-free beer or with an alcohol content not exceeding 1.2% vol10 mg/l
–“Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”10 mg/l
–Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH10 mg/l
–Brown beers of the “oud bruin” type10 mg/l
–Edible ices, energy-reduced or with no added sugar50 mg/kg
–Canned or bottled fruit, energy-reduced or with no added sugar50 mg/kg
–Energy-reduced jams, jellies and marmalades50 mg/kg
–Sweet-sour preserves of fruit and vegetables100 mg/kg
–Energy-reduced fruit and vegetable preparations50 mg/kg
–Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs30 mg/kg
–Sauces50 mg/kg
–Mustard50 mg/kg
–Fine bakery products for special nutritional uses150 mg/kg
–Complete formulae for weight control intended to replace total daily food intake or an individual meal100 mg/kg
–Liquid food supplements/dietary integrators50 mg/kg
–Solid food supplements/dietary integrators100 mg/kg

Regulation 10(1)

SCHEDULE 2REVOCATIONS

Column 1Column 2Column 3
Regulations revokedReferencesExtent of revocation
The Sweeteners in Food Regulations 1983S.I. 1983/1211the whole Regulations
The Sweeteners in Food (Scotland) Regulations 1983S.I. 1983/1497the whole Regulations
The Food (Revision of Penalties) Regulations 1985S.I. 1985/67in Part I of the Schedule, the reference to the Sweeteners in Food Regulations 1983
The Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 1985S.I. 1985/1068in Schedule 1, the reference to the Sweeteners in Food (Scotland) Regulations 1983
The Sweeteners in Food (Scotland) Amendment Regulations 1988S.I. 1988/2084the whole Regulations
The Sweeteners in Food (Amendment) Regulations 1988S.I. 1988/2112the whole Regulations
The Food Safety (Exports) Regulations 1991S.I. 1991/1476in Part I of Schedule 1, the reference to the Sweeteners in Food Regulations 1983, and in Schedule 2 the reference to the Sweeteners in Food (Scotland) Regulations 1983

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, come into force on 1st January 1996.

The Regulations implement European Parliament and Council Directive 94/35/EC (OJ No. L237, 10.9.94, p.3) on sweeteners for use in foodstuffs (which has to be read with Council Directive 89/107/EEC (OJ No. L40, 11.2.89, p.27) on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption) and Commission Directive 95/31/EC (OJ No. L178, 28.7.95, p.1) laying down specific criteria of purity concerning sweeteners for use in foodstuffs.

The principal provisions of the Regulations—

(1) prohibit the sale of any sweetener intended either for sale to the ultimate consumer or for use in or on any food, other than a permitted sweetener (regulation 3(1));

(2) prohibit the use of any sweetener in or on any food, other than for certain foods in which only specified permitted sweeteners may be used in accordance with conditions contained in the Regulations (regulation 3(2) and (3) and Schedule 1);

(3) prohibit the use of any sweetener in or on foods for infants and young children specified in Council Directive 89/398/EEC (OJ No. L186, 30.6.89, p.27) on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (regulation 3(4));

(4) prohibit the sale of table-top sweeteners unless they contain no sweetener other than a permitted sweetener and are labelled in accordance with the Regulations (regulation 4);

(5) prohibit the sale of any food containing any added sweetener other than a permitted sweetener used in or on it in accordance with the Regulations (regulation 5).

The Regulations also—

(a)make provision in relation to the condemnation of food (regulation 6);

(b)create offences, prescribe a penalty and provide for the Regulations to be enforced by food authorities (regulation 7);

(c)provide a defence in relation to exports, in implementation of Articles 2 and 3 of Council Directive 89/397/EEC (OJ No. L186, 30.6.89, p.23) on the official control of foodstuffs, as read with the ninth recital to that Directive (regulation 8);

(d)incorporate specified provisions of the Food Safety Act 1990 (regulation 9);

(e)revoke the Regulations specified in Schedule 2 to the extent specified in that Schedule, and make consequential amendments (regulation 10);

(f) contain a transitional provision and exemption (regulation 11).

A Compliance Cost Assessment of the effect that these Regulations would have on the cost of business is available from Branch A of the Additives and Novel Foods Division of the Ministry of Agriculture, Fisheries and Food, Ergon House, c/o Nobel House, 17 Smith Square, London SW1P 3JR.

(1)

1990 c. 16; “the Ministers” is defined in section 4(1) of the Act; section 6(4)(a) of the Act was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6.

(2)

OJ No. L237, 10.9.94, p.3.

(3)

OJ No. L178, 28.7.95, p.1.

(4)

OJ No. L186, 30.6.89, p.27.

(5)

OJ No. L40, 11.2.89, p.27.

(6)

S.I. 1981/1063; relevant amendment is S.I. 1983/1211.

(7)

S.I. 1981/1320; relevant amendment is S.I. 1983/1497.

(8)

S.I. 1984/1566, to which there are amendments not relevant to these Regulations.

(9)

S.I. 1984/1714, to which there are amendments not relevant to these Regulations.

(11)

The maximum usable doses for cyclamic acid and its Na and Ca salts are expressed in terms of the free acid.

(12)

The maximum usable doses for saccharin and its Na, K and Ca salts are expressed in terms of the free imide.