Miscellaneous Food Additives Amendment (England) Regulations 2004 (S.I. No. 2601 of 2004)

The Miscellaneous Food Additives (Amendment) (England) Regulations 2004 file:///D/HTML/uk54996.htm[16.01.2025 11:47:39] Statutory Instrument 2004 No.2601 The Miscellaneous Food Additives (Amendment) (England) Regulations 2004 © Crown Copyright 2004 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Miscellaneous Food Additives (Amendment) (England) Regulations 2004, ISBN 0110499085. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. STATUTORY INSTRUMENTS 2004 No.2601 FOOD, ENGLAND The Miscellaneous Food Additives (Amendment) (England) Regulations 2004 Made 5th October 2004 Laid before Parliament 8th October 2004 Coming into force 29th October 2004 http://www.opsi.gov.uk/bookstore.htm?AF=A10075&FO=38383&Action=AddItem&ProductID=0110499085 mailto:customer.services@tso.co.uk http://www.hmso.gov.uk/faqs.htm The Miscellaneous Food Additives (Amendment) (England) Regulations 2004 file:///D/HTML/uk54996.htm[16.01.2025 11:47:39] The Secretary of State, in exercise of the powers conferred upon 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 1990[1] and now vested in him[2] and having had regard in accordance with section 48 (4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation both 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 safety[3] and in accordance with section 48(4) and (4B) of that Act, makes the following Regulations: Title, commencement and application 1. These Regulations (a) may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2004; (b) shall come into force on 29th October 2004; (c) shall apply in relation to England only. Amendment of the Miscellaneous Food Additives Regulations 1995 2. The Miscellaneous Food Additives Regulations 1995[4] shall be amended in accordance with regulations 3 and 4 below. 3. In paragraph (1) of regulation 2 (interpretation), in the definition of "Directive 96/77/EC"[5] for the words "and Commission Directive 2002/82/EC" there shall be substituted the following words " , Commission Directive 2002/82/EC[6] Commission Directive 2003/95/EC[7] and Commission Directive 2004/45/EC[8]". 4. In regulation 11, after paragraph (1D), there shall be inserted the following paragraph " (1E) In any proceedings for an offence in contravention of regulation 3(1) where it is alleged that a food additive failed to satisfy the purity criteria for that additive, it shall be a defence for the accused to show either (a) that the food additive concerned is E431-E436, or polyethylene glycol 6000 and the food additive or food concerned was put on the market or labelled before 1st November 2004; or (b) that the food additive concerned is E407, E407a, E1517 or E1519 and the food additive or food concerned was put on the market or labelled before 1st April 2005; and that that matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulation 3 of the Miscellaneous Food Additives (Amendment) (England) Regulations 2004 had not been in force when that matter occurred." http://www.opsi.gov.uk/si/si2004/20042601.htm#note1 http://www.opsi.gov.uk/si/si2004/20042601.htm#note2 http://www.opsi.gov.uk/si/si2004/20042601.htm#note3 http://www.opsi.gov.uk/si/si2004/20042601.htm#note4 http://www.opsi.gov.uk/si/si2004/20042601.htm#note5 http://www.opsi.gov.uk/si/si2004/20042601.htm#note6 http://www.opsi.gov.uk/si/si2004/20042601.htm#note7 http://www.opsi.gov.uk/si/si2004/20042601.htm#note8 The Miscellaneous Food Additives (Amendment) (England) Regulations 2004 file:///D/HTML/uk54996.htm[16.01.2025 11:47:39] Signed by authority of the Secretary of State for Health Melanie Johnson Parliamentary Under Secretary of State, Department of Health 5th October 2004 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations, which apply to England, implement Commission Directive 2003/95/EC[9] and Commission Directive 2004/45/EC[10], both of which amend Commission Directive 96/77/EC[11] laying down specific purity criteria on food additives other than colours and sweeteners. Directive 96/77/EC was implemented by amendment[12] to the Miscellaneous Food Additives Regulations 1995[13]. In particular these Regulations provide for purity criteria as outlined in the Annexes to Commission Directives 2003/95/EC and 2004/45/EC in relation to the following additives: E251 Sodium Nitrate E431 Polyoxyethylene (40) Stearate E432 Polyoxyethylene Sorbitan Monolaurate (Polysorbate 20) E433 Polyoxyethylene Sorbitan Monooleate (Polysorbate 80) E434 Polyoxyethylene Sorbitan Monopalmitate (Polysorbate 40) E435 Polyoxyethylene Sorbitan Monostearate (Polysorbate 60) E436 Polyoxyethylene Sorbitan Tristearate (Polysorbate 65) E459 Beta-Cyclodextrin Polyethylene Glycol 6000 E407 Carrageenan E407a Processed Eucheuma seaweed E907 Hydrogenated Poly-1-decene E1517 Glyceryl Diacetate E1519 Benzyl Alcohol http://www.opsi.gov.uk/si/si2004/20042601.htm#note9 http://www.opsi.gov.uk/si/si2004/20042601.htm#note10 http://www.opsi.gov.uk/si/si2004/20042601.htm#note11 http://www.opsi.gov.uk/si/si2004/20042601.htm#note12 http://www.opsi.gov.uk/si/si2004/20042601.htm#note13 The Miscellaneous Food Additives (Amendment) (England) Regulations 2004 file:///D/HTML/uk54996.htm[16.01.2025 11:47:39] A regulatory impact assessment has not been prepared in respect of these Regulations as the instrument will have no effect on the costs of business. A transposition note setting out how the main elements of Directives 2003/95/EC and 2003/45/EC are transposed into domestic law has been prepared and placed in the library of each House of Parliament. Copies may be obtained from the Novel Foods Additives and Supplements Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH. Notes: [1] 1990 c. 16back [2] Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (c. 28) and paragraphs 12 and 21 of that Schedule amend sections 17(1) and 48 of the 1990 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46) as read with section 40 (2) of the 1999 Act. Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.back [3] OJ No. L31, 1.2.2002, p.1.back [4] S.I. 1995/3187, relevant amendments are S.I. 1997/1413, S.I.1999/1136, S.I. 2001/60 and S.I. 2001/3775.back [5] OJ No. L339, 30.12.1996, p.1.back [6] OJ No. L292, 28.10.2002, p.1.back [7] OJ No. L283, 31.10.2003, p.71.back [8] OJ No. L113, 20.4.2004, p.19.back [9] OJ No. L283, 31.10.2003, p.71.back [10] OJ No. L113, 20.4.2004, p.19.back [11] OJ No. L339, 30.12.1996, p.1.back [12] In S.I. 1997/1413.back [13] S.I. 1995/3187, relevant amendments are S.I. 1997/1413, S.I.1999/1136, S.I. 2001/60 and S.I. 2001/3775.back ISBN 0 11 049908 5 http://www.opsi.gov.uk/si/si2004/20042601.htm#n1 http://www.opsi.gov.uk/si/si2004/20042601.htm#n2 http://www.opsi.gov.uk/si/si2004/20042601.htm#n3 http://www.opsi.gov.uk/si/si2004/20042601.htm#n4 http://www.opsi.gov.uk/si/si2004/20042601.htm#n5 http://www.opsi.gov.uk/si/si2004/20042601.htm#n6 http://www.opsi.gov.uk/si/si2004/20042601.htm#n7 http://www.opsi.gov.uk/si/si2004/20042601.htm#n8 http://www.opsi.gov.uk/si/si2004/20042601.htm#n9 http://www.opsi.gov.uk/si/si2004/20042601.htm#n10 http://www.opsi.gov.uk/si/si2004/20042601.htm#n11 http://www.opsi.gov.uk/si/si2004/20042601.htm#n12 http://www.opsi.gov.uk/si/si2004/20042601.htm#n13 The Miscellaneous Food Additives (Amendment) (England) Regulations 2004 file:///D/HTML/uk54996.htm[16.01.2025 11:47:39] Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2004 Prepared 8 October 2004 http://www.opsi.gov.uk/stat.htm http://www.opsi.gov.uk/stat.htm http://www.opsi.gov.uk/ http://www.wales-legislation.hmso.gov.uk/legislation/wales/w-stat.htm http://www.wales-legislation.hmso.gov.uk/legislation/wales/w-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.northernireland-legislation.hmso.gov.uk/legislation/northernireland/ni-srni.htm http://www.northernireland-legislation.hmso.gov.uk/legislation/northernireland/ni-srni.htm http://www.hmso.gov.uk/ http://www.hmso.gov.uk/ http://www.hmso.gov.uk/contact/comments.htm