The Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2001
The Secretary of State, in exercise of the powers conferred on him by sections 16(1)(a), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990M1, and of all other powers enabling him in that behalf, having had regard, in accordance with section 48(4A) of that Act, to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B) of that Act, makes the following Regulations:
Title, commencement and extent1.
These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2001, shall come into force on 15th January 2002 and shall extend to England only.
Amendment of the Miscellaneous Food Additives Regulations 19952.
The Miscellaneous Food Additives Regulations 1995 M2 shall be amended, insofar as they extend to England, in accordance with Regulations 3 to 8.
3.
In paragraph (1) of regulation 2 (interpretation)—
(a)
(b)
in the definition of “Directive 96/77/EC”, for the words “and Commission Directive 2000/63/EC” there shall be substituted the words “
, Commission Directive 2000/63/EC M5 and Commission Directive 2001/30/EC M6
”
; and
(c)
“(b)
in the case of magnesium carbonates (E504), the purity criteria referred to in Schedule 5;”.
4.
“(1D)
In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that—
(a)
the food additive or food concerned was put on the market or labelled before 15th January 2002; and
(b)
the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulations 3 (b) and (c) and 8 of the Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2001 had not been in force when that matter occurred.”.
5.
In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8)—
(a)
in note (2), for the expression “and E948” there shall be substituted the expression “
, E948 and E949
”
; and
(b)
in the Table—
(i)
in the first column, immediately after the reference to “E948”, there shall be inserted a reference to “
E949
”
, and
(ii)
in the second column, immediately after the reference to “Oxygen”, there shall be inserted a reference to “
Hydrogen
”
.
6.
In the Table to Schedule 3 (other permitted miscellaneous additives)—
(a)
in the entry for Glycerol esters of wood rosins (E445)—
(i)
“Cloudy spirit drinks in accordance with Council Regulation (EEC) No. 1576/89 laying down general rules on the definition, designation and presentation of spirit drinks M7
Cloudy spirit drinks containing less than 15% alcohol by volume”,
and
(ii)
in the fourth column, opposite to each of the references added by this paragraph, there shall be added references to “100mg/l”;
(b)
“
E 650
Zinc acetate
Chewing gum
1000 mg/kg”;
and
(c)
“
E943a
E943b
E944
Butane
Iso-butane
Propane
Vegetable oil pan spray (for professional use only)
Water-based emulsion spray
quantum satis.”
7.
In Schedule 4 (permitted carriers and carrier solvents), in the entry for Propan—1, 2–diol (propylene glycol) there shall be inserted in the first column the reference “
E1520
”
.
8.
In Schedule 5 (purity criteria)—
(a)
“The miscellaneous additives for which specific purity criteria are referred to below shall not contain—
(a)
more than 2 milligrams per kilogram of arsenic;
(b)
more than 10 milligrams per kilogram of lead;
(c)
more than 50 milligrams per kilogram of copper;
(d)
more than 25 milligrams per kilogram of zinc; or
(e)
more than 50 milligrams per kilogram of any combination of copper and zinc.”;
and
(b)
the remainder of the Schedule shall be omitted save for the provisions relating to magnesium carbonates (E504).
Consequential amendments9.
(1)
Paragraph (2) of regulation 6 (consequential amendments) of the Miscellaneous Food Additives (Amendment) (England) Regulations 2001 M8 shall be omitted.
F1(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed by authority of the Secretary of State for Health
(This note is not part of the Regulations)
These Regulations, which extend to England only, amend the Miscellaneous Food Additives Regulations 1995, as already amended (“the principal Regulations”), which extend to Great Britain.
The Regulations implement—
Commisson Directive 2001/30/EC amending Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners (OJ No. L146, 31.5.2001, p. 1); and
Directive 2001/5/EC of the European Parliament and of the Council amending Directive 95/2 on food additives other than colours and sweeteners (OJ No. L55, 24.2.2001).
Subject to a transitional provision, the Regulations specify new purity criteria in relation to the additives specified in the Annex to Commission Directive 2001/30/EC (regulations 3 (b) and (c), 4 and 8) and make related amendments to certain Regulations as regards references in those Regulations to the principal Regulations (regulation 9).
The Regulations also—
add one new additive to the list, in Schedule 1 to the principal Regulations, of miscellaneous food additives generally permitted for use in foods not referred to in Schedule 6, 7, or 8 to those Regulations (regulation 5);
modify the list, in Schedule 3 to the principal Regulations, of miscellaneous food additives which may be included in certain foods, by adding four new additives to that list and specifying additional foods in which Glycerol esters of wood rosins may be contained (regulation 6); and
modify the list of permitted carriers and carrier solvents in Schedule 4 to the principal Regulations by incorporating an E Number for Propan—1, 2–diol (propylene glycol) (regulation 7).
No regulatory impact assessment has been prepared in respect of these Regulations.