Colours in Food Regulations (Northern Ireland) 1996 (S.R. No. 49 of 1996)

Statutory Rule 1996 No. 49 Colours in Food Regulations (Northern Ireland) 1996 Crown Copyright 1996 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 Rules of Northern Ireland does not extend to the Royal Arms and the Government Printer for Northern Ireland imprints. The text of this Internet version of the Statutory Rule has been prepared to reflect the text as it was Made. The authoritative version is the Government Printer for Northern Ireland copy published by The Stationery Office Limited as the Colours in Food Regulations (Northern Ireland) 1996, ISBN 0337920095. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. 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STATUTORY RULES OF NORTHERN IRELAND 1996 No. 49 FOOD Colours in Food Regulations (Northern Ireland) 1996 Made 28th February 1996 Coming into operation 22nd April 1996 The Department of Health and Social Services, and the Department of Agriculture being the Departments concerned[1] in exercise of the powers conferred on them by Articles 15(1)(a), 16(1), 25(1) and (3), 26(3) and 47(2) of, and paragraph 1 of Schedule 1 to, the Food Safety (Northern Ireland) Order 1991[2] and of all other powers enabling them in that behalf and after consultation in accordance with Article 47(3) of that Order with such organisations as appear to them to be representative of interests likely to be substantially affected by these Regulations, hereby make the following Regulations: Citation and commencement 1. These Regulations may be cited as the Colours in Food Regulations (Northern Ireland) 1996, and shall come into operation on 22nd April 1996. Interpretation 2. —(1) In these Regulations— "colour" means a food additive which is used or intended to be used for the primary purpose of adding or restoring colouring in a food, and includes— (a) any natural constituent of food and any natural source not normally consumed as food as such and not normally used as a characteristic ingredient of food, and (b) any preparation obtained from food or from any other natural source material by, in either case— (i) physical extraction, (ii) chemical extraction, or (iii) physical and chemical extraction which results in the selective extraction of the pigment relative to the nutritive or aromatic constituent, but does not include— (aa) any food (including one in dried or concentrated form), (bb) any flavouring, used, in either case, in the manufacture of any compound food because of its aromatic, sapid or nutritive properties albeit that it may also be used secondarily to add or restore colouring to such compound food, and (cc) any colour when it is used only for colouring any inedible external part of a food; "Directive 94/36/EC" means European Parliament and Council Directive 94/36/EC[3] on colours for use in foodstuffs; "Directive 95/45/EC" means Commission Directive 95/45/EC[4] laying down specific criteria of purity concerning colours for use in foodstuffs; "food" means food sold, or intended for sale, for human consumption, and in regulation 8 and for the purposes of regulation 11 includes a colour; "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; "the Order" means the Food Safety (Northern Ireland) Order 1991; "permitted colour" means any colour listed in Schedule 1 which satisfies the specific purity criteria for that colour set out in the annex to Directive 95/45/EC; "processed" in relation to any food, means having undergone any treatment resulting in a substantial change in the original state of the food, but does not include dividing, parting, severing, boning, mincing, skinning, paring, peeling, grinding, cutting, cleaning, trimming, deep-freezing, freezing, chilling, milling, husking, packing or unpacking; "sell" includes possess for sale, and offer, expose or advertise for sale; "young children" means children aged between one and three years, and other expressions used in these Regulations and in Directive 94/36/EC have the same meaning as they have in that Directive. (2) Any reference in these Regulations to a Community instrument is a reference to it as amended, modified or otherwise adapted. (3) Any reference in these Regulations to— (a) a maximum level of permitted colour in or on a food is to the maximum amount, in milligrams, of colouring principle contained in that permitted colour per kilogram or, as the case may be, per litre of food which is ready to eat having been prepared according to any instructions for use; (b) quantum satis, means that no maximum level of permitted colour in or on a corresponding food is specified but that in or on such food a permitted colour 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. Use of colours in or on food 3.—(1) No person shall use in or on any food any colour other than a permitted colour. (2) No person shall use any permitted colour in or on any food listed in Schedule 2 except in accordance with paragraph (3)(a). (3) Subject to paragraph (4) and to regulations 4, 5 and 6, no person shall use any permitted colour in or on any food unless— (a) the food is one listed— (i) in column 1 of Schedule 3, in which case there may be used in or on such food any permitted colour which is listed in relation to it in column 2 of Schedule 3 in an amount not exceeding the maximum level for such permitted colour in or on such food as listed in column 3 of Schedule 3; (ii) in column 2 of Schedule 4, in which case there may be used in or on such food any permitted colour which is listed in relation to it in column 1 of Schedule 4 in an amount not exceeding the maximum level for such permitted colour in or on such food as listed in column 3 of Schedule 4; or (iii) in Part III of Schedule 5, in which case there may be used in or on such food any of the permitted colours listed in Parts I and II of Schedule 5 in accordance with the conditions contained in that Schedule governing the use of such colours in or on such foods; (b) the food is not listed in either Schedule 2 or in column 1 of Schedule 3, in which case there may be used in or on such food any one or more of the permitted colours listed in Part I of Schedule 5 up to an amount (in each case) of quantum satis. (4) No person shall use any permitted colour listed in column 1 of Schedule 4 in or on any food other than the food or foods listed in relation to that permitted colour in column 2 of that Schedule. Health marking etc. of certain meat and meat products 4. No person shall use any colour for the purpose of any health marking or any other marking required on any meat or meat product, other than the permitted colours— (a) E 155 Brown HT; (b) E 133 Brilliant Blue FCF; (c) E 129 Allura Red AC; or (d) an appropriate mixture of (b) and (c). Use of colours on eggshells 5. No person shall use any colour for— (a) the decorative colouring, or (b) the stamping (as provided for in Regulation (EEC) No. 1274/91[5], introducing detailed rules for implementing Regulation (EEC) No. 1907/90 on certain marketing standards for eggs), of eggshells, other than a permitted colour. Use of colours in or on compound foods 6.—(1) Subject to paragraph (3), any food in or on which a permitted colour is used without contravening any of the provisions of paragraphs (2), (3) and (4) of regulation 3 may itself be used as an ingredient in a compound food in or on which the use of such colour is not otherwise permitted, and the presence in or on that compound food of such colour as a result of its containing such an ingredient shall not constitute a contravention of any of the provisions of those paragraphs of regulation 3. (2) There may be used in or on a food any permitted colour the use of which would otherwise constitute a contravention of any of the provisions of paragraphs (2), (3) and (4) of regulation 3, where such a food is destined to be used solely in the preparation of a compound food and the resulting presence in or on that compound food of such colour does not itself constitute a contravention of any of the provisions of those paragraphs of regulation 3. (3) Paragraph (1) shall not apply in the case of any compound food listed in Schedule 2. Sale of colours and food containing colours 7.—(1) No person shall sell any colour for use in or on food unless such colour is a permitted colour. (2) No person shall sell directly to the consumer any colour other than a specified permitted colour. (3) For the purposes of paragraph (2), a "specified permitted colour" shall be any permitted colour other than— (a) E 123 Amaranth; (b) E 127 Erythrosine; (c) E 128 Red 2G; (d) E 154 Brown FK; (e) E 160B Annatto, bixin, norbixin; (f) E 161g Canthaxanthin; (g) E 173 Aluminium; and (h) E 180 Litholrubine BK. (4) No person shall sell any food having in it or on it any added colour other than a permitted colour that has been used in or on that food without contravening any of the provisions of regulations 3, 4, 5 and 6. Condemnation of food 8. 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 Article 8 of the Order (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 Article 7(2) of the Order shall apply for the purposes of these Regulations as it applies for the purposes of the Order. Offences, penalties and enforcement 9.—(1) If any person contravenes 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) Subject to paragraph (3), these Regulations shall be enforced and executed by each district council within its district. (3) The Department of Agriculture shall enforce and execute these Regulations in relation to milk in liquid milk plants. Defence in relation to exports 10. 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, the colour 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 colour 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[6] on the approximation of the laws of the member States concerning food additives authorised for use in foodstuffs intended for human consumption, Directive 94/36/EC and Directive 95/45/EC. Application of various provisions of the Order 11. The following provisions of the Order shall apply for the purposes of these Regulations as they apply for the purposes of Articles 7, 13 and 14 of the Order and any reference in them to the Order shall be construed as a reference to these Regulations: (a) Articles 2(4) and 3 (extending meaning of "sale" etc.); (b) Article 4 (presumptions that food intended for human consumption); (c) Article 19 (offences due to fault of another person); (d) Article 20 (defence of due diligence); (e) Article 21 (defence of publication in the course of business); (f) Article 30(8) (which relates to documentary evidence); (g) Article 34 (obstruction, etc., of officers). Revocations and amendments 12.—(1) The Regulations and order specified in columns 1 and 2 of Schedule 6 shall be revoked to the extent specified in column 3 of that Schedule. (2) In the Specified Sugar Products Regulations (Northern Ireland) 1976[7]— (a) in paragraph (3)(d) of regulation 5 (labelling and description of specified sugar products), for "colouring matter", in both places where it occurs, there shall be substituted, in each case, "colour"; (b) in sub-paragraph (b) of regulation 9 (permitted additional ingredients in specified sugar products), for "colouring matter", in both cases where it occurs, there shall be substituted, in each case, "colour". (3) In the Jam and Similar Products Regulations (Northern Ireland) 1982[8]— (a) in paragraph (1) of regulation 2 (interpretation), for the definition of "permitted colouring matter" there shall be substituted— ""permitted colour" means any colour in so far as its use is permitted by the Colours in Food Regulations (Northern Ireland) 1996;" , and (b) in Part III of Schedule 2 (permitted additional ingredients), for "permitted colouring matters" in column 1 there shall be substituted "permitted colours". (4) In the Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984[9], in paragraph (1) of regulation 2 (interpretation), in the definition of "additive", for "the Colouring Matter in Food Regulations (Northern Ireland) 1973" there shall be substituted "the Colours in Food Regulations (Northern Ireland) 1996". (5) In the Food Additives Labelling Regulations (Northern Ireland) 1992[10], in Schedule 1 (categories of food additives)— (a) in Part I (list of food additives), for item 1 there shall be substituted— "1. Colour." ; (b) in Part II (supplementary), for subparagraph (a) there shall be substituted— "(a) "colour" means any substance which is a colour for the purposes of the Colours in Food Regulations (Northern Ireland) 1996;" . Transitional provision and exemption 13.—(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 colour 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 colour or, as the case may be, the food was put on the market or labelled. (2) These Regulations shall not apply to any colour or, as the case may be, food which— (a) is brought into Northern Ireland 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 colour or, as the case may be, the food. (3) For the purpose of paragraph (2), "free circulation" shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community. Sealed with the Official Seal of the Department of Health and Social Services on D. A. Baker Assistant Secretary 28th February 1996. Sealed with the Official Seal of the Department of Agriculture on P. T. Toal Assistant Secretary 28th February 1996. SCHEDULE 1 Regulation 2(1) Permitted Colours(1) EC No. Colour Colour index No(2) or description Notes(1) Aluminium lakes prepared from colours listed in this Schedule are also permitted. back(2) Colour index numbers are taken from the third edition 1982 of the Colour Index, volumes 1 to 7, 1315. Also amendments 37 to 40 (125), 41 to 44 (127 50), 45 to 48 (130), 49 to 52 (132-50), 53 to 56 (135). back(3) The term caramel relates to products of a more or less intense brown colour which are intended for colouring. It does not correspond to the sugary aromatic product obtained from heating sugars and which is used for flavouring food (e.g. confectionery, pastry, alcoholic drinks). back E 100 Curcumin 75300 E 101 (i) Riboflavin (ii) Riboflavin-5'-phosphate E 102 Tartrazine 19140 E 104 Quinoline Yellow 47005 E 110 Sunset Yellow FCF Orange Yellow S 15985 E 120 Cochineal, Carminic acid, Carmines 75470 E 122 Azorubine, 14720 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 2.htm#sfns1#sfns1 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 2.htm#sfns2#sfns2 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 2.htm#tsfns1#tsfns1 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 2.htm#tsfns2#tsfns2 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 2.htm#tsfns3#tsfns3 EC No. Colour Colour index No(2) or description Carmoisine E 123 Amaranth 16185 E 124 Ponceau 4R, Cochineal Red A 16255 E 127 Erythrosine 45430 E 128 Red 2G 18050 E 129 Allura Red AC 16035 E 131 Patent Blue V 42051 E 132 Indigotine, Indigo carmine 73015 E 133 Brilliant Blue FCF 42090 E 140 Chlorophylls and 75810 Chlorophyllins: 75815 (i) Chlorophylls (ii) Chlorophyllins E 141 Copper complexes of chlorophylls and 75815 chlorophyllins: (i) Copper complexes of chlorophylls (ii) Copper complexes of chlorophyllins E 142 Green S 44090 E 150a Plain caramel(3) E 150b Caustic sulphite caramel E 150c Ammonia caramel E 150d Sulphite ammonia caramel E 151 Brilliant Black BN, Black PN 28440 E 153 Vegetable carbon E 154 Brown FK E 155 Brown HT 20285 E 160a Carotenes: (i) Mixed 75130 40800 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 2.htm#sfns2#sfns2 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 2.htm#sfns3#sfns3 EC No. Colour Colour index No(2) or description carotenes (ii) Beta carotene E 160b Annatto, bixin, norbixin 75120 E 160c Paprika extract, capsanthin, capsorubin E 160d Lycopene E 160e Beta-apo-8'-carotenal (C 30) 40820 E 160f Ethyl ester of beta apo-8'-carotenic acid (C 30) 40825 E 161b Lutein E 161g Canthaxanthin E 162 Beetroot Red, betanin E 163 Anthocyanins Prepared by physical means from fruits and vegetables E 170 Calcium carbonate 77220 E 171 Titanium dioxide 77891 E 172 Iron oxides and hydroxides 77491 77492 77499 E 173 Aluminium E 174 Silver E 175 Gold E180 Litholrubine BK Notes(1) Aluminium lakes prepared from colours listed in this Schedule are also permitted. back(2) Colour index numbers are taken from the third edition 1982 of the Colour Index, volumes 1 to 7, 1315. Also amendments 37 to 40 (125), 41 to 44 (127-50), 45 to 48 (130), 49 to 52 (132-50), 53 to 56 (135). back(3) The term caramel relates to products of a more or less intense brown colour which are intended for colouring. It does not correspond to the sugary aromatic product obtained from heating sugars and which is used for flavouring food (e.g. confectionery, pastry, alcoholic drinks). back http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 2.htm#sfns2#sfns2 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 2.htm#tsfns1#tsfns1 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 2.htm#tsfns2#tsfns2 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 2.htm#tsfns3#tsfns3 SCHEDULE 2 Regulations 3(2) and (3)(b) and 6(3) Foods which may not contain added colours, except where specifically provided for in Schedules 3, 4 or 5 (The designations used in this Schedule do not prejudice the “carry over” principle in cases where products contain ingredients with legitimate colouring in their own right) 1. Unprocessed foodstuffs 2. All bottled or packed waters 3. Milk, semi-skimmed and skimmed milk, pasteurised or sterilised (including UHT sterilisation) (unflavoured) 4. Chocolate milk 5. Fermented milk (unflavoured) 6. Preserved milks as mentioned in Directive 76/118/EEC[11] 7. Butter-milk (unflavoured) 8. Cream and cream powder (unflavoured) 9. Oils and fats of animal or vegetable origin 10. Eggs and egg products as defined in Article 2(1) of Directive 89/437/EEC[12] 11. Flour and other milled products and starches 12. Bread and similar products 13. Pasta and gnocchi 14. Sugar, including all mono- and disaccharides 15. Tomato paste and canned and bottled tomatoes 16. Tomato-based sauces 17. Fruit juice and fruit nectar as mentioned in Directive 93/77/EEC[13] and vegetable juice 18. Fruit, vegetables (including potatoes) and mushrooms — canned, bottled or dried; processed fruit, vegetables (including potatoes) and mushrooms 19. Extra jam, extra jelly, and chestnut purée as mentioned in Directive 79/693/EEC[14]; crème de pruneaux 20. Fish, molluscs and crustaceans, meat, poultry and game as well as their preparations, but not including prepared meals containing these ingredients 21. Cocoa products and chocolate components in chocolate products as mentioned in Directive 73/241/EEC[15] 22. Roasted coffee, tea, chicory; tea and chicory extracts; tea, plant, fruit and cereal preparations for infusions, as well as mixes and instant mixes of these products 23. Salt, salt substitutes, spices and mixtures of spices 24. Wine and other products defined by Regulation (EEC) No. 822/87[16] 25. Korn, Kornbrand, fruit spirit drinks, fruit spirits, Ouzo, Grappa, Tsikoudia from Crete, Tsipouro from Macedonia, Tsipouro from Thessaly, Tsipouro from Tyrnavos, Eau de vie de marc Marque nationale luxembourgeoise, Eau de vie de http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#tfnf011#tfnf011 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#tfnf012#tfnf012 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#tfnf013#tfnf013 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#tfnf014#tfnf014 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#tfnf015#tfnf015 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#tfnf016#tfnf016 seigle Marque nationale luxembourgeoise, London gin, as defined in Regulation (EEC) No. 1576/89[17] 26. Sambuca, Maraschino and Mistra as defined in Regulation (EEC) No. 1180/91[18] 27. Sangria, Clarea and Zurra as mentioned in Regulation (EEC) No. 1601/91[19] 28. Wine vinegar 29. Foods for infants and young children as mentioned in Directive 89/398/EEC[20] including foods for infants and young children not in good health 30. Honey 31. Malt and malt products 32. Ripened and unripened cheese (unflavoured) 33. Butter from sheep and goats' milk SCHEDULE 3 Regulation 3(3) Foods to which only certain permitted colours may be added Column 1 Food Column 2 Permitted colour Column 3 Maximum level Malt bread E 150a Plain caramel quan tum satis E 150b Caustic sulphite caramel quan tum satis E 150c Ammonia caramel quan tum satis E 150d Sulphite ammonia caramel quan tum satis Beer Cidre bouché E 150a Plain caramel quan tum satis E 150b Caustic sulphite caramel http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#tfnf017#tfnf017 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#tfnf018#tfnf018 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#tfnf019#tfnf019 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#tfnf020#tfnf020 Column 1 Food Column 2 Permitted colour Column 3 Maximum level quan tum satis E 150c Ammonia caramel quan tum satis E 150d Sulphite ammonia caramel quan tum satis Butter (including reduced-fat butter and concentrated butter) E 160a Carotenes quantum satis Margarine, minarine, other fat emulsions, and fats essentially free from water E 160a Carotenes quantu m satis E 100 Curcumin quantu m satis E 160b Annatto, Bixin, Norbixin 10 mg/kg Sage Derby cheese E 140 Chlorophylls Chlorophyllins E141 Copper complexes of chlorophylls and chlorophyllins Ripened Orange, Yellow and broken white cheese; unflavoured processed cheese E 160a Carotenes quantum satis E 160c Paprika extract, Capsanthin, Capsorubin quantum satis E 160b Annatto, Bixin, Norbixin 15 mg/kg Red Leicester cheese E 160b Annatto, Bixin, Norbixin 50 mg/kg Mimolette cheese E 160b Annatto, Bixin, Norbixin 35 mg/kg Morbier cheese E 153 Vegetable carbon quantun Column 1 Food Column 2 Permitted colour Column 3 Maximum level satis Red marbled cheese E 120 Cochineal, Carminic acid, Carmines 125 mg/kg E 163 Anthocyanins quantum satis Vinegar E 150a Plain caramel quan tum satis E 150b Caustic sulphite caramel quan tum satis E 150c Ammonia caramel quan tum satis E 150d Sulphite ammonia caramel quan tum satis Whisky Whiskey, grain spirit, (other than Korn or Kornbrand or Eau de vie de seigle Marque nationale luxembourgeoise), wine spirit, rum, Brandy, Weinbrand, grape marc, grape marc spirit (other than Tsikoudia and Tsipouro and Eau de vie de marc Marque nationale luxembourgeoise), Grappa invecchiata, Bagaceira velha as mentioned in Regulation (EEC) No. 1576/89 E 150a Plain Caramel quan tum satis E 150b Caustic sulphite caramel quan tum satis E 150c Ammonia caramel quan tum satis E 150d Sulphite ammonia caramel quan tum satis Aromatized wine- based drinks (except bitter soda) and aromatized E 150a Plain caramel quan tum satis Column 1 Food Column 2 Permitted colour Column 3 Maximum level wines as mentioned in Regulation (EEC) No. 1601/91 E 150b Caustic sulphite caramel quan tum satis E 150c Ammonia caramel quan tum satis E 150d Sulphite ammonia caramel quan tum satis Americano E 150a Plain caramel qua ntum satis E 150b Caustic sulphite caramel qua ntum satis E 150c Ammonia caramel qua ntum satis E 150d Sulphite ammonia caramel qua ntum satis E 163 Anthocyanins qua ntum satis E 100 Curcumin E 101 (i) Riboflavin (ii) Riboflav in-5'-phosphate E 102 Tartrazine E 104 Quinoline Yellow E 120 Cochineal, Carminic acid, Carmines E 122 Azorubine, Carmoisine E 123 Amaranth E 124 Ponceau 4R 100 mg/l (individually or in combination) Bitter soda, bitter vino as mentioned in Regulation (EEC) No. 1601/91 E 150a Plain caramel quantu m satis E 150b Caustic sulphite caramel quantu m satis E 150c Ammonia caramel quantu Column 1 Food Column 2 Permitted colour Column 3 Maximum level m satis E 150d Sulphite ammonia caramel quantu m satis E 100 Curcumin E 101 (i) Riboflavin (ii) Riboflavin-5' phosphate E 102 Tartrazine E 104 Quinoline Yellow E 110 Sunset Yellow FCF 100 mg/l Orange Yellow S E 120 Cochineal, Carminic acid Carmines (individ ually or in combination) E 122 Azorubine, Carmoisine E 123 Amaranth E 124 Ponceau 4R, Cochineal Red A E 129 Allura Red AC Liqueur wines and quality liqueur wines produced in specified regions E 150a Plain caramel quan tum satis E 150b Caustic sulphite caramel quan tum satis E 150c Ammonia caramel quan tum satis E 150d Sulphite ammonia caramel quan tum satis Vegetables in vinegar, brine or oil (excluding olives) E 101 (i) Riboflavin (ii) Riboflavin-5' phosphate E 140 Chlorophylls, Chlorophyllins E 150a Plain caramel E 150b Caustic sulphite caramel E 150c Ammonia caramel E 150d Sulphite ammonia caramel E 141 Copper complexes of Column 1 Food Column 2 Permitted colour Column 3 Maximum level chlorophylls and chlorophyllins E 160a Carotenes: (i) Mixed carotenes (ii) Beta-carotene E 162 Beetroot Red, betanin E 163 Anthocyanins Extruded, puffed and/or fruit-flavoured breakfast cereals E 150c Ammonia caramel qua ntum satis E 160a Carotenes qua ntum satis E 160b Annatto, Bixin, Norbixin 25 mg/kg E 160c Paprika extract, Capsanthin, qua ntum satis Capsorubin Fruit-flavoured breakfast cereals E 120 Cochineal, Carminic acid 200 mg/kg Carmines (individ ually or E 162 Beetroot Red, betanin in E 163 Anthocyanins combin ation) Jam, jellies and marmalades as mentioned in Directive 79/693/EEC and other similar fruit preparations including low calorie products E 100 Curcumin qua ntum satis E 140 Chlorophylls and chlorophyllins qua ntum satis E 141 Copper complexes of chlorophylls and chlorophyllins qua ntum satis E 150a Plain caramel qua Column 1 Food Column 2 Permitted colour Column 3 Maximum level ntum satis E 150b Caustic sulphite caramel qua ntum satis E 150c Ammonia caramel qua ntum satis E 150d Sulphite ammonia caramel qua ntum satis E 160a Carotenes: (i) Mixed carotenes (ii) Beta-carotene qua ntum satis E 160c Paprika extract, Capsanthin, Capsorubin qua ntum satis E 162 Beetroot Red, betanin qua ntum satis E 163 Anthocyanins qua ntum satis E 104 Quinoline Yellow E 110 Sunset Yellow E 120 Cochineal, Carminic acid, Carmines E 124 Ponceau 4R, Cochineal Red A E 142 Green S E 160d Lypcopene E 161b Lutein 100 mg/kg (individually or in combination) Sausages, pâtés and terrines E 100 Curcumin E 120 Cochineal, Carminic acid, Carmines E 150a Plain caramel E 150b Caustic sulphite caramel E 150c Ammonium caramel E 150d Sulphite ammonia caramel E 160a Carotenes E 160c Paprika extract, Capsanthin, Capsorubin E 162 Beetroot Red, betanin 20 mg/kg Column 1 Food Column 2 Permitted colour Column 3 Maximum level 100 mg/kg quantum satis quantum satis quantum satis quantum satis 20 mg/kg 10 mg/kg quantum satis Luncheon meat E 129 Allura Red 25 mg/kg Breakfast sausages E 129 Allura Red AC 25 mg/kg with a minimum E 120 Cochineal, Carminic acid, 100 mg/kg cereal content of 6% Carmines Burger meat with a E 128 Red 2G 20 mg/kg minimum vegetable E 150a Plain caramel quantum satis and/or cereal E 150b Caustic sulphite caramel quantum satis content of 4% E 150c Ammonia caramel quantum satis E 150d Sulphite ammonia caramel quantum satis Chorizo sausage E 120 Cochineal, Carminic Acid, 200 mg/kg Salchichon Carmines E 124 Ponceau 4R, Cochineal Red A 250 mg/kg Sobrasada E 110 Sunset Yellow FCF 135 mg/kg Column 1 Food Column 2 Permitted colour Column 3 Maximum level E 124 Ponceau 4R, Cochineal Red A 200 mg/kg Pasturmas (edible external coating) E 100 Curcumin quantum satis E 101 (i) Riboflavin quantum satis (ii) Riboflavin-5'-phosphate E 120 Cochineal, Carminic acid, quantum satis Carmines Dried potato E 100 Curcumin quantum satis granules and flakes Processed mushy and garden peas (canned) E 102 Tatrazine 100 mg/kg E 133 Brilliant Blue FCF 20 mg/kg E 142 Green S 10 mg/kg SCHEDULE 4 Regulation 3(3) and (4) Colours permitted for use in certain foods only Column 1 Permitted colour Column 2 Food Column 3 Maximum level E 123 Amaranth Americano 100 mg/l (but see the entry for Americano in Schedule 3) Aperitif wines, spirit drinks including products with less than 15% alcohol by volume 30 mg/l Bitter soda, bitter vino as mentioned in Regulation (EEC) No. 1601/91 100 mg/l (but see the entry for bitter soda, bitter vino in Schedule 3) Fish roe 30 mg/kg E 127 Cocktail cherries and candied cherries 200 mg/kg Column 1 Permitted colour Column 2 Food Column 3 Maximum level Erythrosine Bigarreaux cherries in syrup and in cocktails 150 mg/kg E 128 Red 2G Breakfast sausages with a minimum cereal content of 6% Burger meat with a minimum vegetable and/or cereal content of 4% E 154 Brown FK Kippers 20 mg/kg E 161g Canthaxanthin Saucisses de Strasbourg 15 mg/kg E 173 Aluminium External coating of sugar quantum satis confectionery for the decoration of cakes and pastries E 174 Silver External coating of confectionery quantum satis Decoration of chocolates quantum satis Liqueurs quantun satis E 175 Gold External coating of confectionery quantum satis Decoration of chocolates quantum satis Liqueurs quantum satis E 180 Litholrubine BK Edible cheese rind quantum satis E 160b Annatto, Bixin, Norbixin Margarine, minarine, other fat emulsions, and fats essentially free from water 10 mg/kg E 160b Annatto, Bixin, Decorations and coatings 20 mg/kg Norbixin (cont'd) Fine bakery wares 10 mg/kg Edible ices 20 mg/kg Liqueurs, including fortified beverages with less than 15% alcohol by volume 10 mg/l Flavoured processed cheese 15 mg/kg Ripened Orange, Yellow and broken-white cheese, Unflavoured processed cheese 15 mg/kg Desserts 10 mg/kg "Snacks": dry, savoury potato, cereal or starch-based snack products: — Extruded or expanded savoury snack products 20 mg/kg — Other savoury snack products and savoury coated Column 1 Permitted colour Column 2 Food Column 3 Maximum level nuts 10 mg/kg Smoked fish 10 mg/kg Edible cheese rind and edible casings 20 mg/kg Red Leicester cheese 50 mg/kg Mimolette cheese 35 mg/kg Extruded, puffed and/or fruit-flavoured breakfast cereals 25 mg/kg SCHEDULE 5 Regulation 3(3) Further permitted colours in certain foods Part I The following colours may be used, in each case at quantum satis, in foods listed in Part III of this Schedule and in any food other than one listed in Schedules 2 and 3. E 101 (i) Riboflavin (ii) Riboflavin-5'-phosphate E 140 Chlorophylls and chlorophyllins E 141 Copper complexes of chlorophylls and chlorophyllins E 150a Plain caramel E 150b Caustic sulphite caramel E 150c Ammonia caramel E 150d Sulphite ammonia caramel E 153 Vegetable carbon E 160a Carotenes E 160c Paprika extract, capsanthin, capsorubin E 162 Beetroot Red, betanin E 163 Anthocyanins E 170 Calcium carbonate E 171 Titanium dioxide E 172 Iron oxides and hydroxides Part II The following colours may be used singly or in combination in the foods listed in Part III of this Schedule, in each case up to the maximum level specified for such food. However, for non-alcoholic flavoured drinks, edible ices, desserts, fine bakery wares and confectionery, the colours may be used up to the limit indicated in Part III but the quantities of each of the colours E 110, E 122, E 124 and E 155 may not exceed 50 mg/kg or mg/l: E 100 Curcumin E 102 Tartrazine E 104 Quinoline Yellow E 110 Sunset Yellow FCF Orange Yellow S E 120 Cochineal, Carminic acid, Carmines E 122 Azorubine, Carmoisine E 124 Ponceau 4R, Cochineal Red A E 129 Allura Red AC E 131 Patent Blue V E 132 Indigotine, Indigo carmine E 133 Brilliant Blue FCF E 142 Green S E 151 Brilliant Black BN, Black PN E 155 Brown HT E 160d Lycopene E 160e Beta-apo-8'-carotenal (C 30) E 160f Ethyl ester of Beta-apo-8'-carotenic acid (C 30) E 161b Lutein Part III Food Maximum level Non-alcoholic flavoured drinks 100 mg/l Candied fruits and vegetables, Mostarda di frutta 200 mg/kg Preserves of red fruits 200 mg/kg Confectionery 300 mg/kg Decorations and coatings 500 mg/kg Fine bakery wares (e.g. viennoiserie, biscuits, cakes and wafers) 200 mg/kg Edible ices 150 mg/kg Flavoured processed cheese 100 mg/kg Desserts including flavoured milk products 150 mg/kg Sauces, seasoning (for example, curry powder, tandoori), pickles, relishes, chutney and piccalilli 500 mg/kg Mustard 300 mg/kg Fish paste and crustacean paste 100 mg/kg Pre-cooked crustaceans 250 mg/kg Food Maximum level Salmon substitutes 500 mg/kg Surimi 500 mg/kg Fish roe 300 mg/kg Smoked fish 100 mg/kg “Snacks” dry, savoury potato, cereal or starch-based snack products: — Extruded or expanded savoury snack products 200 mg/kg — Other savoury snack products and savoury coated nuts 100 mg/kg Edible cheese rind and edible casings quantum satis Complete formulae for weight control intended to replace total daily food intake or an individual meal 50 mg/kg Complete formulae and nutritional supplements for use under medical supervision 50 mg/kg Liquid food supplements/dietary integrators 100 mg/l Solid food supplements/dietary integrators 300 mg/kg Soups 50 mg/kg Meat and fish analogues based on vegetable proteins 100 mg/kg Spirituous beverages (including products less than 15% alcohol by volume) except any mentioned in Schedule 2 or 3 200 mg/l Aromatized wines, aromatized wine-based drinks and aromatized wine product cocktails as mentioned in Regulation (EEC) No. 1601/91, except any mentioned in Schedule 2 or 3 200 mg/l Fruit wines (still or sparkling) Cider (except cidre bouché) and perry Aromatized fruit wines, cider and perry 200 mg/l SCHEDULE 6 Regulation 12(1) Revocations Column 1 Regulations and order revoked Column 2 References Column 3 Extent of revocation The Colouring Matter in Food Regulations (Northern Ireland) S.R. 1973 No. 466 The whole Regulations Column 1 Regulations and order revoked Column 2 References Column 3 Extent of revocation 1973 The Colouring Matter in Food (Amendment) Regulations (Northern Ireland) 1975 S.R. 1975 No. 283 The whole Regulations The Colouring Matter in Food (Amendment) Regulations (Northern Ireland) 1976 S.R. 1976 No. 382 The whole Regulations The Colouring Matter in Food (Amendment) Regulations (Northern Ireland) 1979 S.R. 1979 No. 49 The whole Regulations The Lead in Food Regulations (Northern Ireland) 1979 S.R. 1979 No. 407 In Schedule 2, the reference to the Colouring Matter in Food Regulations (Northern Ireland) 1973 The Food (Revision of Penalties and Mode of Trial) Regulations (Northern Ireland) 1987 S.R. 1987 No. 38 In Schedule 1, the reference to the Colouring Matter in Food Regulations (Northern Ireland) 1973 The Colouring Matter in Food (Amendment) Regulations (Northern Ireland) 1987 S.R. 1987 No. 471 The whole Regulations The Food Safety (Northern Ireland) Order 1991 (Consequential Modifications) Order (Northern Ireland) 1991 S.R. 1991 No. 203 In Part I of Schedule 1 and in Schedules 2, 3, 5 and 6, the references to the Colouring Matter in Food Regulations (Northern Ireland) 1973 The Food Safety (Exports) Regulations (Northern Ireland) 1991 S.R. 1991 No. 344 In the Schedule, the reference to the Colouring Matter in Food Regulations (Northern Ireland) 1973 The Food Additives Labelling Regulations (Northern Ireland) 1992 S.R. 1992 No. 417 Regulation 7(1) Notes: Notes: [1] See S.I. 1991/762 (N.I. 7) Article 2(2) for the definitions of "the Department concerned" and "regulations" and with respect to the powers conferred on each Department jointly and severally by virtue of those definitions back [2] S.I. 1991/762 (N.I. 7) back [3] O.J. No. L237, 10.9.94, p. 13 back [4] O.J. No. L226, 22.9.95, p. 1 back [5] O.J. No. L121, 16.5.91, p. 11 back [6] O.J. No. L40, 11.2.89, p. 27 back [7] S.R. 1976 No. 165, to which there are amendments not relevant to these Regulations back [8] S.R. 1982 No. 105, to which there are amendments not relevant to these Regulations back [9] S.R. 1984 No. 408, to which there are amendments not relevant to these Regulations back [10] S.R. 1992 No. 417 back [11] O.J. No. L24, 30.1.76, p. 49 [12] O.J. No. L212, 27.7.89, p. 87 [13] O.J. No. L224, 30.9.93, p. 23 [14] O.J. No. L205, 13.8.79, p. 5 [15] O.J. No. L228, 16.8.73, p. 23 [16] O.J. No. L84, 27.3.87, p. 1 [17] O.J. No. L160, 12.6.89, p. 1 [18] O.J. No. L115, 8.5.91, p. 5 back [19] O.J. No. L149, 14.6.91, p. 1 back [20] O.J. No. L186, 30.6.89, p. 27 back http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#fnf018#fnf018 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#fnf019#fnf019 http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr 19960049 en 3.htm#fnf020#fnf020 EXPLANATORY NOTE (This note is not part of the Regulations.) These Regulations implement European Parliament and Council Directive 94/36/EC (O.J. No. L237, 10.9.94, p. 13) on colours for use in foodstuffs (which has to be read with Council Directive 89/107/EEC (O.J. 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 95/45/EC (O.J. No. L226, 22.9.95, p. 1) laying down specific criteria of purity concerning the colours for use in foodstuffs. The principal provisions of the Regulations— (1) prohibit the use of any colour in or on any food other than a permitted colour (regulation 3(1)); (2) prohibit the use of any permitted colour in or on any food, otherwise than in accordance with the Regulations (regulation 3(2), (3) and (4)); (3) prohibit the use of any colour other than certain permitted colours for the health marking etc. of certain meat and meat products (regulation 4); (4) prohibit the use of any colour on eggshells other than a permitted colour (regulation 5); (5) prohibit the sale for use in or on any food of any colour other than a permitted colour (regulation 7(1)); only certain permitted colours may be sold directly to consumers (regulation 7(2) and (3)); (6) prohibit the sale of any food containing any added colour other than a permitted colour used in or on it in accordance with the Regulations (regulation 7(4)). The Regulations also— (a) make provision in relation to compound foods (regulation 6); (b) make provision in relation to the condemnation of food (regulation 8); (c) create offences, prescribe a penalty and provide for the enforcement of the Regulations (regulation 9); (d) provide a defence in relation to exports, in implementation of Articles 2 and 3 of Council Directive 89/397/EEC (O.J. No. L186, 30.6.89, p. 23) on the official control of foodstuffs, as read with the ninth recital to that Directive (regulation 10); (e) incorporate specified provisions of the Food Safety (Northern Ireland) Order 1991 (regulation 11); (f) revoke the Regulations and order specified in Schedule 6 to the extent specified in that Schedule, and make consequential amendments (regulation 12); (g) contain a transitional provision and exemption (regulation 13).