Miscellaneous Food Additives (Amendment) Regulations 1997 (S.I. No. 1413 of 1997)

Statutory Instrument 1997 No. 1413 file:///D/HTML/uk14731.htm[16.01.2025 11:25:56] Statutory Instrument 1997 No. 1413 The Miscellaneous Food Additives (Amendment) Regulations 1997 © Crown Copyright 1997 All Crown Copyrights are reserved. The following are concessions. Individuals are authorised to download this text to file or printer for their own individual use. Reproduction of the text for the purpose of developing and publishing value-added products is also allowed, without prior permission or charge, provided reproduction is accurate, not malicious and is accompanied by an acknowledgment of Crown copyright. Any other proposed reproduction requires the consent of the Copyright Unit at Her Majesty's Stationery Office. For more details on the reproduction of Crown and Parliamentary copyright material, see the latest Her Majesty's Stationery Office Dear Publisher letter. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is in printed form and is published by The Stationery Office Limited as the The Miscellaneous Food Additives (Amendment) Regulations 1997, ISBN 0 11 63778 X, £1.55 sterling. For details of how to obtain a printed copy see How to obtain The Stationery Office Limited titles. STATUTORY INSTRUMENTS 1997 No. 1413 FOOD The Miscellaneous Food Additives (Amendment) Regulations 1997 Made 4th June 1997 Laid before Parliament 5th June 1997 Coming into force 1st July 1997 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), 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, commencement and interpretation 1. - (1) These Regulations may be cited as the Miscellaneous Food Additives (Amendment) Regulations 1997 and shall come into force on 1st July 1997. file:///publet.htm#crown-value-added file:///copy.htm file:///publet.htm file:///publet.htm http://www.the-stationery-office.co.uk/publicat/obtain/obtain.htm http://www.the-stationery-office.co.uk/publicat/obtain/obtain.htm Statutory Instrument 1997 No. 1413 file:///D/HTML/uk14731.htm[16.01.2025 11:25:56] (2) In these Regulations "the principal Regulations" means the Miscellaneous Food Additives Regulations 1995[2]. Amendment of the principal Regulations 2. The principal Regulations shall be amended in accordance with regulations 3 to 11 below. 3. In regulation 2(1) (interpretation) (a) in the definition of "Directive 95/2/EC" there shall be inserted at the end the words ", as amended by European Parliament and Council Directive 96/85/EC[3]"; (b) after that definition there shall be inserted the following definition " "Directive 96/77/EC" means Commission Directive 96/77/EC[4] laying down specific purity criteria on food additives other than colours and sweeteners;"; (c) there shall be substituted for the definition of "purity criteria" the following definition " "purity criteria", in relation to a miscellaneous additive, means (a) in the case of a miscellaneous additive for which purity criteria are set out in the Annex to Directive 96/77/EC, those purity criteria; (b) in any other case, the purity criteria (if any) specified or referred to in Schedule 5;". 4. In regulation 4 (use of miscellaneous additives in or on compound foods) there shall be substituted for paragraph (1) the following paragraph " (1) Subject to paragraphs (3) and (4) below, where a permitted miscellaneous additive is present in or on a compound food and that compound food contains, as an ingredient, a food in or on which that miscellaneous additive was or could have been used without contravening any of the provisions of paragraphs (2) to (5) or (7) of regulation 3, that miscellaneous additive shall for the purposes of those paragraphs be deemed to have been used in or on that compound food without contravening any of the provisions of those paragraphs.". 5. In regulation 8 (defence in relation to exports) there shall be substituted in paragraph (b) for the words "and Directive 95/2/EC" the words ", Directive 95/2/EC and Directive 96/77/EC". 6. In regulation 9 (application of various provisions of the Act) there shall be inserted after paragraph (g) the following paragraph " (gA) section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2);". Statutory Instrument 1997 No. 1413 file:///D/HTML/uk14731.htm[16.01.2025 11:25:56] 7. In regulation 11 (transitional provision and exemptions) (a) there shall be inserted after paragraph (1) the following paragraph " (1A) 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 1st July 1997, and (b) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(b) and (c), 5 and 11 of the Miscellaneous Food Additives (Amendment) Regulations 1997 had not been made when the food additive or, as the case may be, the food was put on the market or labelled."; (b) there shall be substituted for paragraph (2) the following paragraph " (2) These Regulations shall not apply in respect of any food additive or, as the case may be, food which is brought into Great Britain having been lawfully put on the market or labelled in another member State before 25th March 1997."; (c) in paragraph 3(a) the words "on or after 25th March 1997" shall be omitted; (d) in paragraph (4) there shall be substituted for the words "paragraphs (2) and (3) above" the words "paragraph (3) above". 8. In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8) there shall be inserted after the entry relating to E 407 Carrageenan the following entry E 407a Processed eucheuma seaweed". 9. In Schedule 2 (conditionally permitted preservatives and antioxidants) in Part C (other preservatives), there shall be inserted in column 1 (EC No. and name) immediately above the entry "E 235 Natamycin" a horizontal line. 10. In Schedule 3 (other permitted miscellaneous additives) (a) in column 1 (EC No.) the entry "E 451" shall be realigned with the word "Triphosphates" in column 2 (name); (b) in the entries relating to E 420, E 421, E 953, E 965, E 966 and E 967 there shall be inserted between column 3 (food) and column 4 (maximum level) a dividing line; (c) at the end there shall be substituted for the entries relating to propane, butane and iso-butane the following entries Statutory Instrument 1997 No. 1413 file:///D/HTML/uk14731.htm[16.01.2025 11:25:56] " Propane[5] Butane[6] Iso Butane[7] Garlic flavoured oil spray for producing garlic bread and pizza Vegetable oil pan spray for professional use only Water-based emulsion sprays quantum satis " . 11. In Schedule 5 (purity criteria) the entries relating to the miscellaneous additives listed in the Schedule to these Regulations shall be omitted. Amendment of the Fruit Juices and Fruit Nectars Regulations 1977 and the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 12. In the Fruit Juices and Fruit Nectars Regulations 1977[8] and the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977[9] there shall be substituted in the proviso to regulation 11(1) (permitted additional ingredients in fruit juice, concentrated fruit juice, dried fruit juice and fruit nectar) for sub-paragraph (a) the following sub paragraph " (a) any such food may contain any permitted miscellaneous additive, so however that no fruit juice shall contain both added sugar and added acid;". Jeff Rooker Minister of State, Ministry of Agriculture, Fisheries and Food 28th May 1997 Signed by authority of the Secretary of State for Health: Tessa Jowell Minister of State for Public Health, Department of Health 30th May 1997 Signed by authority of the Secretary of State for Wales: Win Griffiths Parliamentary Under - Secretary of State, Welsh Office 4th June 1997 Statutory Instrument 1997 No. 1413 file:///D/HTML/uk14731.htm[16.01.2025 11:25:56] Sewel Parliamentary Under - Secretary of State, Scottish Office 2nd June 1997 SCHEDULE Regulation 11 MISCELLANEOUS ADDITIVES FOR WHICH SPECIFIC PURITY CRITERIA SPECIFIED OR REFERRED TO IN SCHEDULE 5 TO THE PRINCIPAL REGULATIONS ARE OMITTED E 200 Sorbic acid E 202 Potassium sorbate E 203 Calcium sorbate E 210 Benzoic acid E 211 Sodium benzoate E 212 Potassium benzoate E 213 Calcium benzoate E 214 Ethyl p-hydroxybenzoate E 215 Sodium ethyl p-hydroxybenzoate E 216 Propyl p-hydroxybenzoate E 217 Sodium propyl p-hydroxybenzoate E 218 Methyl p-hydroxybenzoate E 219 Sodium methyl p-hydroxybenzoate E 220 Sulphur dioxide E 221 Sodium sulphite (anhydrous or heptahydrate) E 222 Sodium hydrogen sulphite E 223 Sodium metabisulphite Statutory Instrument 1997 No. 1413 file:///D/HTML/uk14731.htm[16.01.2025 11:25:56] E 224 Potassium metabisulphite E 226 Calcium sulphite E 227 Calcium hydrogen sulphite E 228 Potassium hydrogen sulphite E 230 Biphenyl, diphenyl E 231 Orthophenyl phenol E 232 Sodium orthophenyl phenol E 233 Thiabendazole E 234 Nisin E 239 Hexamethylene tetramine E 249 Potassium nitrite E 250 Sodium nitrite E 251 Sodium nitrate E 252 Potassium nitrate E 260 Acetic acid E 261 Potassium acetate E 262(i) Sodium acetate E 262(ii) Sodium diacetate E 263 Calcium acetate E 270 Lactic acid E 280 Propionic acid E 281 Sodium propionate E 282 Calcium propionate E 283 Potassium propionate E 290 Carbon dioxide Statutory Instrument 1997 No. 1413 file:///D/HTML/uk14731.htm[16.01.2025 11:25:56] E 300 Ascorbic acid E 301 Sodium ascorbate E 302 Calcium ascorbate E 304 Fatty acid esters of ascorbic acid E 304(i) Ascorbyl palmitate E 306 Tocopherol-rich extract E 307 Alpha-tocopherol E 308 Gamma-tocopherol E 309 Delta-tocopherol E 310 Propyl gallate E 311 Octyl gallate E 312 Dodecyl gallate E 320 Butylated hydroxyanisole (BHA) E 321 Butylated hydroxytoluene (BHT) E 322 Lecithins E 325 Sodium lactate E 326 Potassium lactate E 327 Calcium lactate E 330 Citric acid E 331(i) Monosodium citrate E 331(ii) Disodium citrate E 331(iii) Trisodium citrate E 332(i) Monopotassium citrate E 332(ii) Tripotassium citrate Statutory Instrument 1997 No. 1413 file:///D/HTML/uk14731.htm[16.01.2025 11:25:56] E 333(i) Monocalcium citrate E 333(ii) Dicalcium citrate E 333(iii) Tricalcium citrate E 334 L-(+)-Tartaric acid E 335(i) Monosodium L-(+)-tartrate E 335(ii) Disodium L-(+)-tartrate E 336(i) Monopotassium L-(+)-tartrate E 336(ii) Dipotassium L-(+)-tartrate E 337 Sodium Potassium L-(+)-tartrate E 338 Phosphoric acid E 339(i) Monosodium phosphate E 339(ii) Disodium phosphate E 339(iii) Trisodium phosphate E 340(i) Monopotassium phosphate E 340(ii) Dipotassium phosphate E 340(iii) Tripotassium phosphate E 341(i) Monocalcium phosphate E 341(ii) Dicalcium phosphate E 341(iii) Tricalcium phosphate E 385 Calcium disodium ethylenediamine N N N'N' tetra-acetate EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations, which apply to Great Britain, amend the Miscellaneous Food Additives Regulations 1995 ("the principal Regulations"). These Regulations Statutory Instrument 1997 No. 1413 file:///D/HTML/uk14731.htm[16.01.2025 11:25:56] (a) implement European Parliament and Council Directive 96/85/EC amending Directive 95/2/EC on food additives other than colours and sweeteners, by adding processed eucheuma seaweed to the list of miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8 to the principal Regulations (regulations 3(a) and 8); (b) implement Commission Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners (regulations 3(b) and (c), 7(a) and 11 and Schedule) and make a consequential amendment (regulation 5); (c) clarify the provisions in the principal Regulations relating to the use of miscellaneous additives in or on compound foods (regulation 4); (d) add to the list of permitted uses for propane, butane and iso-butane on a temporary basis in accordance with Article 5 of Directive 89/107/EEC on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (regulation 10(c)); (e) make a few corrections to the principal Regulations to reflect provisions in Directive 95/2/EC, notably relating to using up old stocks of products from other Member States (regulations 7(b) to (d), 9 and 10(a) and (b)); (f) apply specified provisions of the Food Safety Act 1990 for the purposes of the principal Regulations (regulation 6); (g) make a correction to the Fruit Juices and Fruit Nectars Regulations 1977 and the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977, as amended, to reflect Article 4(3) of Council Directive 93/77/EEC relating to fruit juices and certain similar products (OJ No. L244, 30.9.93, p. 23) (regulation 12). Notes: [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. back [2] S.I. 1995/3187. back [3] OJ No. L86, 28.3.97, p. 4. back [4] OJ No. L339, 30.12.96, p. 1. back [5] Authorised until 31st December 1997 in accordance with Article 5 of Directive 89/107/EEC (OJ No. L40, 11.2.89, p. 27) pending consideration for inclusion in Directive 95/2/EC. back [6] Authorised until 31st December 1997 in accordance with Article 5 of Directive 89/107/EEC (OJ No. L40, 11.2.89, p. 27) pending consideration for inclusion in Directive 95/2/EC. back [7] Authorised until 31st December 1997 in accordance with Article 5 of Directive 89/107/EEC (OJ No. L40, 11.2.89, p. 27) pending consideration for inclusion in Directive 95/2/EC. back Statutory Instrument 1997 No. 1413 file:///D/HTML/uk14731.htm[16.01.2025 11:25:56] [8] S.I. 1977/927; the relevant amending instruments are S.I. 1982/1311, 1995/3187. back [9] S.I. 1977/1026, amended by S.I. 1982/1619, 1995/3187. back ISBN 0 11 63778 X