Commission Regulation (EU) No 438/2013 of 13 May 2013 amending and correcting Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of certain food additives Text with EEA relevance

Regulation (EU) No 438/2013 · Regulation · 3 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

Annex II to Regulation (EC) No 1333/2008 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Supplementary provisions

ANNEXSupplementary provisions

ANNEX Part E of Annex II to Regulation (EC) No 1333/2008 is amended as follows: (1) In food category 01.7.1 ‘Unripened cheese excluding products falling in category 16’, the entry concerning ‘Group I’ is replaced by the following: ‘Group I Additives except mozzarella ’ (2) In food category 04.1.2 ‘Peeled, cut and shredded fruit and vegetables’, the entries concerning food additives E 300 ‘Ascorbic acid’, E 301 ‘Sodium ascorbate’, E 302 ‘Calcium ascorbate’, E 330 ‘Citric acid’, E 331 ‘Sodium citrates’, E 332 ‘Potassium citrates’ and E 333 ‘Calcium citrates’ are replaced by the following: ‘E 300 Ascorbic acid quantum satis only prepacked refrigerated unprocessed fruit and vegetables ready for consumption and prepacked unprocessed and peeled potatoes E 301 Sodium ascorbate quantum satis only prepacked refrigerated unprocessed fruit and vegetables ready for consumption and prepacked unprocessed and peeled potatoes E 302 Calcium ascorbate quantum satis only prepacked refrigerated unprocessed fruit and vegetables ready for consumption and prepacked unprocessed and peeled potatoes E 330 Citric acid quantum satis only prepacked refrigerated unprocessed fruit and vegetables ready for consumption and prepacked unprocessed and peeled potatoes E 331 Sodium citrates quantum satis only prepacked refrigerated unprocessed fruit and vegetables ready for consumption and prepacked unprocessed and peeled potatoes E 332 Potassium citrates quantum satis only prepacked refrigerated unprocessed fruit and vegetables ready for consumption and prepacked unprocessed and peeled potatoes E 333 Calcium citrates quantum satis only prepacked refrigerated unprocessed fruit and vegetables ready for consumption and prepacked unprocessed and peeled potatoes’ (3) Food category 08.2.2 ‘Heat-treated processed meat’ is amended as follows: (a) the following entry concerning food additive E 200-219 is inserted after the entry concerning food additive E 200-203 ‘Sorbic acid — sorbates’: ‘E 200-219 Sorbic acid — sorbates, Benzoic acid — benzoates; p-hydroxybenzoates quantum satis (1) (2) only surface treatment of dried meat products’ (b) the following entry concerning food additive E 235 is inserted after the entry concerning food additive E 210-213 ‘Benzoic acid — benzoates’: ‘E 235 Natamycin 1 (8) only surface treatment of dried cured sausages’ (c) the following footnote (8) is inserted after footnote (7): ‘(8): mg/dm 2 surface (not present at a depth of 5 mm)’; (4) Food category 09.2 ‘Processed fish and fishery products including molluscs and crustaceans’ is amended as follows: (a) the entry concerning food additive E 100 ‘Curcumin’ for use in fish paste and crustacean paste is replaced by the following: ‘E 100 Curcumin 100 (35) only fish paste and crustacean paste’ (b) the entry concerning the food additive E 100 ‘Curcumine’ for use in smoked fish is replaced by the following: ‘E 100 Curcumin 100 (37) only smoked fish’ (c) footnotes (35), (36), and (37) are replaced by the following: ‘(35): Maximum individually or for the combination of E 100, E 102, E 120, E 122, E 142, E 151, E 160e, E 161b (36): Maximum individually or for the combination of E 100, E 102, E 120, E 122, E 129, E 142, E 151, E 160e, E 161b (37): Maximum individually or for the combination of E 100, E 102, E 120, E 151, E 160e’; (5) Food category 13.1.4 ‘Other foods for young children’ is amended as follows: (a) the entries concerning food additives E 331 ‘Sodium citrates’, E 332 ‘Potassium citrates’ and E 338 ‘Phosphoric acid’ are replaced by the following: ‘E 331 Sodium citrates 2 000 (43) E 332 Potassium citrates quantum satis (43) E 338 Phosphoric acid (1) (4) (44)’ (b) the following footnotes (43) and (44) are added: ‘(43): E 331 and E 332 are authorised individually or in combination and in conformity with the limits set in Directives 2006/141/EC, 2006/125/EC and 1999/21/EC (44): In conformity with the limits set in Directives 2006/141/EC, 2006/125/EC and 1999/21/EC’; (6) In food category 13.1.5.2 ‘Dietary foods for babies and young children for special medical purposes as defined in Directive 1999/21/EC’, the text in the first row is replaced by the following: ‘The additives of categories 13.1.2 and 13.1.3 are applicable, except for E 270, E 333, E 341’; (7) Food category 14.2.6 ‘Spirit drinks as defined in Regulation (EC) No 110/2008’ is amended as follows: (a) the entries concerning food additives belonging to Group II, Group III and concerning food additives E 123 ‘amaranth’ and E 150a-d ‘Caramels’ are replaced by the following: ‘Group II Colours at quantum satis quantum satis except: spirit drinks as defined in Article 5(1) and sales denominations listed in Annex II, paragraphs 1-14 of Regulation (EC) No 110/2008 and spirits (preceded by the name of the fruit) obtained by maceration and distillation, Geist (with the name of the fruit or the raw material used), London Gin, Sambuca, Maraschino, Marrasquino or Maraskino and Mistrà Group III Colours with combined maximum limit 200 except: spirit drinks as defined in Article 5(1) and sales denominations listed in Annex II, paragraphs 1-14 of Regulation (EC) No 110/2008 and spirits (preceded by the name of the fruit) obtained by maceration and distillation, Geist (with the name of the fruit or the raw material used), London Gin, Sambuca, Maraschino, Marrasquino or Maraskino and Mistrà E 123 Amaranth 30 except: spirit drinks as defined in Article 5(1) and sales denominations listed in Annex II, paragraphs 1-14 of Regulation (EC) No 110/2008 and spirits (preceded by the name of the fruit) obtained by maceration and distillation, Geist (with the name of the fruit or the raw material used), London Gin, Sambuca, Maraschino, Marrasquino or Maraskino and Mistrà E 150a-d Caramels quantum satis except: fruit spirits, spirits (preceded by the name of the fruit) obtained by maceration and distillation Geist (with the name of the fruit or the raw material used), London Gin, Sambuca, Maraschino, Marrasquino or Maraskino and Mistrà. Whisky, whiskey can only contain E 150a’ (b) the following entries concerning food additives E 104 and E 110 are inserted after the entry concerning Group III: ‘E 104 Quinoline Yellow 180 (61) except: spirit drinks as defined in Article 5(1) and sales denominations listed in Annex II, paragraphs 1-14 of Regulation (EC) No 110/2008 and spirits (preceded by the name of the fruit) obtained by maceration and distillation, Geist (with the name of the fruit or the raw material used), London Gin, Sambuca, Maraschino, Marrasquino or Maraskino and Mistrà E 110 Sunset Yellow FCF/Orange Yellow S 100 (61) except: spirit drinks as defined in Article 5(1) and sales denominations listed in Annex II, paragraphs 1-14 of Regulation (EC) No 110/2008 and spirits (preceded by the name of the fruit) obtained by maceration and distillation, Geist (with the name of the fruit or the raw material used), London Gin, Sambuca, Maraschino, Marrasquino or Maraskino and Mistrà’ (c) the following entry concerning food additive E 124 is inserted after the entry concerning food additive E 123 ‘Amaranth’: ‘E 124 Ponceau 4R, Cochineal Red A 170 (61) except: spirit drinks as defined in Article 5(1) and sales denominations listed in Annex II, paragraphs 1-14 of Regulation (EC) No 110/2008 and spirits (preceded by the name of the fruit) obtained by maceration and distillation, Geist (with the name of the fruit or the raw material used), London Gin, Sambuca, Maraschino, Marrasquino or Maraskino and Mistrà’ (d) the following footnote (61) is added: ‘(61): The total quantity of E 104, E 110, E 124 and the colours in Group III shall not exceed the maximum listed for Group III’; (8) In food category 14.2.7.1 ‘Aromatised wines’, the following entry concerning food additive E 150a-d Caramels is deleted: ‘E 150a-d Caramels quantum satis only americano, bitter vino ’ (9) In food category 17.1 ‘Food supplements supplied in a solid form including capsules and tablets and similar forms, excluding chewable forms’, the entry concerning food additives E 551-559 ‘Silicon dioxide — silicates’ is replaced by the following: ‘E 551-559 Silicon dioxide — silicates quantum satis Period of application: until 31 January 2014 E 551-553 Silicon dioxide — silicates quantum satis Period of application: From 1 February 2014’ (10) In food category 17.2 ‘Food supplements supplied in a liquid form’, the entry concerning food additives E 551-559 ‘Silicon dioxide — silicates’ is replaced by the following: ‘E 551-559 Silicon dioxide — silicates quantum satis Period of application: until 31 January 2014 E 551-553 Silicon dioxide — silicates quantum satis Period of application: From 1 February 2014’ (11) In food category 17.3 ‘Food supplements supplied in a syrup-type or chewable form’, the entry concerning food additives E 551-559 ‘Silicon dioxide — silicates’ is replaced by the following: ‘E 551-559 Silicon dioxide — silicates quantum satis Period of application: until 31 January 2014 E 551-553 Silicon dioxide — silicates quantum satis Period of application: From 1 February 2014’

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