The Miscellaneous Food Additives (Amendment) (England) Regulations 2001
The Secretary of State, in exercise of the powers conferred 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, after having regard, in accordance with section 48(4) 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, hereby makes the following Regulations:
Title, commencement, extent and interpretation1.
These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2001, shall come into force on 30th March 2001 and shall extend to England.
Amendment of the principal Regulations2.
The Miscellaneous Food Additives Regulations 1995 M2 shall be amended, in so far as they extend to England, in accordance with regulations 3 to 5 below.
3.
In regulation 2(1) (interpretation), in the definition of “Directive 96/77/EC” there shall be added at the end the words “
and Commission Directive 2000/63/EC
”
M3.
4.
“(1C)
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 31st March 2001; and
(b)
the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 and 5 of the Miscellaneous Food Additives (Amendment) (England) Regulations 2001 had not been made when that matter occurred.”.
5.
In Schedule 5 (purity criteria) the entries relating to the miscellaneous additives listed in the Schedule to these Regulations shall be omitted.
Consequential amendments6.
(1)
In so far as any Instrument listed in regulation 14(1) of the Miscellaneous Food Additives (Amendment) Regulations 1999 M4 extends to England, that provision shall cease to have effect in relation to that instrument.
F1(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed by authority of the Secretary of State for Health.
SCHEDULE MISCELLANEOUS ADDITIVES FOR WHICH PURITY CRITERIA SPECIFIED OR REFERRED TO IN SCHEDULE 5 TO THE PRINCIPAL REGULATIONS ARE OMITTED
E 296 | Malic acid |
E 297 | Fumaric acid |
E 350(i) | Sodium malate |
E 350(ii) | Sodium hydrogen malate |
E 351 | Potassium malate |
E 352(i) | Calcium malate |
E 352(ii) | Calcium hydrogen malate |
E 355 | Adipic acid |
E 363 | Succinic acid |
E 380 | Triammonium citrate |
E 500(i) | Sodium carbonate |
E 500(ii) | Sodium hydrogen carbonate |
E 500(iii) | Sodium sesquicarbonate |
E 501(i) | Potassium carbonate |
E 501(ii) | Potassium hydrogen carbonate |
E 503(i) | Ammonium carbonate |
E 503(ii) | Ammonium hydrogen carbonate |
E 507 | Hydrochloric acid |
E 509 | Calcium chloride |
E 513 | Sulphuric acid |
E 514(i) | Sodium sulphate |
E 515(i) | Potassium sulphate |
E 516 | Calcium sulphate |
E 522 | Aluminium potassium sulphate |
E 524 | Sodium hydroxide |
E 525 | Potassium hydroxide |
E 526 | Calcium hydroxide |
E 527 | Ammonium hydroxide |
E 528 | Magnesium hydroxide |
E 529 | Calcium oxide |
E 530 | Magnesium oxide |
E 535 | Sodium ferrocyanide |
E 536 | Potassium ferrocyanide |
E 541 | Sodium aluminium phosphate, acidic |
E 551 | Silicon dioxide |
E 552 | Calcium silicate |
E 553a(i) | Magnesium silicate |
E 553a(ii) | Magnesium trisilicate |
E 575 | Glucono-delta-lactone |
E 576 | Sodium gluconate |
E 577 | Potassium gluconate |
E 578 | Calcium gluconate |
E 640 | Glycine |
E 900 | Dimethylpolysiloxane |
E 901 | Beeswax, white and yellow |
E 903 | Carnauba wax |
E 904 | Shellac |
E 941 | Nitrogen |
E 942 | Nitrous oxide |
E 948 | Oxygen |
E 999 | Extract of quillaia |
E 1200 | Polydextrose |
Propane-1, 2-diol (propylene glycol) |
(This note is not part of the Regulations)
These Regulations, which apply to England only, amend the Miscellaneous Food Additives Regulations 1995, as amended (“the principal Regulations”).
The Regulations implement Commission Directive 2000/63/EC amending Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners (OJ No. L277, 30.10.2000, p. 1).
Subject to a transitional provision, the Regulations amend the existing requirements in the principal Regulations as regards the purity criteria for butylated hydroxyanisole (BHA) and specify new purity criteria in relation to the additives specified in Annex II to Commission Directive 2000/63/EC (regulations 3 to 5).
The Regulations also make consequential amendments to the instruments specified in regulation 4, as regards references in those instruments to the principal Regulations (regulation 6).
No regulatory impact assessment has been prepared in respect of these Regulations.