The Miscellaneous Food Additives (Amendment) Regulations 1999

• Citation: S.I. 1999/1136
• Sections: 14

Section 1 Title, commencement and interpretation

(1) These Regulations may be cited as the Miscellaneous Food Additives (Amendment) Regulations 1999 and shall come into force on 28th May 1999.

(2) In these Regulations “the principal Regulations ” means the Miscellaneous Food Additives Regulations 1995 .

Section 2 Amendment of the principal Regulations

The principal Regulations shall be amended in accordance with regulations 3 to 13 below.

Section 3 Amendment of the principal Regulations

In regulation 2(1) (interpretation)–

(a) in the definition of “Directive 95/2/ EC ” there shall be inserted at the end the words “and European Parliament and Council Directive 98/72/EC ”;

(b) in the definition of “Directive 96/77/EC ” there shall be inserted at the end the words “, as amended by Commission Directive 98/86/EC ”;

(c) after the definition of “flavour enhancer” there shall be inserted the following definition–

“flour treatment agent” means a substance added to flour or dough to improve its baking quality, but does not include any emulsifier;

(d) in the definition of “miscellaneous additive”–

(i) there shall be inserted after the words “flavour enhancer,” the words “flour treatment agent,”;

(ii) there shall be inserted at the end the words “or any enzyme except invertase or lysozyme”.

Section 4 Amendment of the principal Regulations

In regulation 3(4) (use of miscellaneous additives) there shall be substituted for the words “Notes 1 and 3” the words “Notes 1, 3 and 4”.

Section 5 Amendment of the principal Regulations

In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1A) the following paragraph–

(1B) 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 1999 and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(b) and 10 of the Miscellaneous Food Additives (Amendment) Regulations 1999 had not been made when the food additive or, as the case may be, the food was put on the market or labelled, or

(b) the food additive or food concerned was put on the market or labelled before 4th November 2000 and the matter constituting the offence would not have constituted an offence under these Regulations or the Bread and Flour Regulations 1998 if the amendments made by regulations 3(c) and (d)(i), 7(b)(iii), 12 and 14(4) of the Miscellaneous Food Additives (Amendment) Regulations 1999 had not been made when the food additive or, as the case may be, the food was put on the market or labelled.

Section 6 Amendment of the principal Regulations

In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8)–

(a) after note (3) there shall be inserted the following note–

(4) The substance E 920 may be used only as a flour treatment agent.

(b) in the table there shall be inserted sequentially according to EC number the following entries–

Section 7 Amendment of the principal Regulations

In Schedule 2 (conditionally permitted preservatives and antioxidants)–

(a) in Part A (sorbates, benzoates and p-hydroxybenzoates)–

(i) in the second table there shall be substituted for the entry relating to olives and olive-based preparations the following entry–

(ii) in that table there shall be substituted for the entries relating to emulsified sauces with a fat content of 60% or more and emulsified sauces with a fat content less than 60% the following entries–

(iii) in that table there shall be inserted at the end the following entries–

(b) in Part B (sulphur dioxide and sulphites) in the second table–

(i) there shall be substituted for the entries relating to crustaceans and cephalopods the following entries–

In edible parts.

Crustaceans and cephalopods:

fresh, frozen and deep-frozen

crustaceans, panaeidae solenceridae, aristeidae family:

up to 80 units

between 80 and 120 units

over 120 units

cooked

(ii) in column 1 there shall be substituted for the words “Dehydrated granulated potatoes” the words “Dehydrated potatoes”;

(iii) in the entry relating to sugars as defined in Directive 73/437/ EEC except glucose syrup, whether or not dehydrated, there shall be substituted in column 2 for the number “15” the number “10”;

(iv) there shall be substituted for the entry relating to vegetable- and cereal-protein-based meat, fish and crustacean analogues the following entry–

(v) there shall be inserted at the end the following entries–

(c) in Part C (other preservatives)–

(i) in the first table the entry relating to E 233 Thiabendazole shall be omitted;

(ii) in the first table in the entry relating to E 234 Nisin there shall be inserted at the end in column 2 the word “ Mascarpone ” and in column 3 opposite that word the words “10 mg/ kg ”;

(iii) in the second table there shall be substituted for the entries relating to E 251 Sodium nitrate and E 252 Potassium nitrate the following entries–

Expressed as NaNO 3 .

Residual amount nitrite formed from nitrate included, expressed as NaNO 2 .

(iv) in the third table there shall be substituted for the entries relating to E 280 Propionic acid, E 281 Sodium propionate, E 282 Calcium proprionate and E 283 Potassium proprionate the following entries–

Propionic acid and its salts may be present in certain fermented products resulting from the fermentation process following good manufacturing practice.

(d) in Part D (other antioxidants) in the table there shall be substituted in column 3 for the words “Dehydrated granulated potatoes” the words “Dehydrated potatoes”.

Section 8 Amendment of the principal Regulations

There shall be substituted for Schedule 3 (other permitted miscellaneous additives) Schedule 1 to these Regulations.

Section 9 Amendment of the principal Regulations

In Schedule 4 (permitted carriers and carrier solvents) in the table there shall be inserted at the end the following entries–

Konjac

Konjac gum

Konjac glucomannane

Section 10 Amendment of the principal Regulations

In Schedule 5 (purity criteria)–

(a) the entries relating to the miscellaneous additives listed in Schedule 2 to these Regulations shall be omitted;

(b) in the entry relating to Propane-1, 2-diol (propylene glycol) there shall be substituted for the words “Directive 78/663/EEC ” the words “Directive 78/664/EEC ”.

Section 11 Amendment of the principal Regulations

In Schedule 6 (foods in which miscellaneous additives listed in Schedule 1 are generally prohibited)–

(a) there shall be substituted for the words from “Pasteurised and sterilised” to the words “and semi-skimmed)” the words “Pasteurised and sterilised (including UHT ) milk (including plain, skimmed and semi-skimmed) and plain pasteurised cream”;

(b) after the words “Dry pasta” there shall be inserted the words “, excluding gluten-free pasta or pasta intended for hypoproteic diets, in accordance with Directive 89/398/EEC ”.

Section 12 Amendment of the principal Regulations

There shall be substituted for Schedule 7 (foods in which a limited number of miscellaneous additives listed in Schedule 1 may be used) Schedule 3 to these Regulations.

Section 13 Amendment of the principal Regulations

In Schedule 8 (miscellaneous additives permitted in foods for infants and young children)–

(a) there shall be substituted for the first introductory note the following introductory notes–

(1) Formulae and weaning foods for infants and young children may contain E 414 (acacia gum, gum arabic) and E 551 (silicon dioxide) resulting from the addition of nutrient preparations containing not more than 150 g/kg of E 414 and 10 g/kg of E 551, as well as E 421 (mannitol) when used as a carrier for vitamin B 12 (not less than 1 part vitamin B 12 to 1000 parts mannitol). The carry over of E 414 in the product ready for consumption shall not be more than 10 mg/kg.

(1A) Formulae and weaning foods for infants and young children may contain E 301 (sodium L-ascorbate), used at quantum satis level in coatings of nutrient preparations containing polyunsaturated fatty acids. The carry over of E 301 in the product ready for consumption shall not be more than 75 mg/1.

(b) in Part 1 (miscellaneous additives permitted in infant formulae for infants in good health)–

(i) there shall be substituted for note (b) the following note–

(b) If more than one of the substances E 322, E 471, E 472c and E 473 is added to a food, the maximum level established for that food for each of those substances is lowered by that relative part as is present of the other substances together in that food.

(ii) in the table there shall be inserted at the end the following entries–

(c) in Part 2 (miscellaneous additives permitted in follow-on formulae for infants in good health)–

(i) there shall be substituted for note (b) the following note–

(b) If more than one of the substances E 322, E 471, E 472c and E 473 is added to a food, the maximum level established for that food for each of those substances is lowered by that relative part as is present of the other substances together in that food.

(ii) in note (c) there shall be substituted for the words “lowered with” the words “lowered by”;

(iii) in the table there shall be inserted at the end the following entries–

(d) in Part 3 (miscellaneous additives permitted in weaning foods for infants and young children in good health) in the table there shall be inserted at the end the following entries–

The note in Part 4 does not apply.

(e) in Part 4 (miscellaneous additives permitted in foods for infants and young children for special medical purposes) there shall be inserted at the end the following table–

Section 14 Consequential amendments

(1) In the following Regulations references to the Miscellaneous Food Additives Regulations 1995 shall be construed as references to those Regulations as amended by the Miscellaneous Food Additives (Amendment) Regulations 1997 and these Regulations:

the Mineral Hydrocarbons in Food Regulations 1966

the Mineral Hydrocarbons in Food (Scotland) Regulations 1966

the Specified Sugar Products Regulations 1976

the Specified Sugar Products (Scotland) Regulations 1976

the Cocoa and Chocolate Products Regulations 1976

the Cocoa and Chocolate Products (Scotland) Regulations 1976

the Fruit Juices and Fruit Nectars Regulations 1977

the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977

the Condensed Milk and Dried Milk Regulations 1977

the Condensed Milk and Dried Milk (Scotland) Regulations 1977

the Coffee and Coffee Products Regulations 1978

the Coffee and Coffee Products (Scotland) Regulations 1979

the Jam and Similar Products Regulations 1981

the Jam and Similar Products (Scotland) Regulations 1981

the Meat Products and Spreadable Fish Products Regulations 1984

the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984

the Food Additives Labelling Regulations 1992

the Food Labelling Regulations 1996 .

(2) In the Food Additives Labelling Regulations 1992–

(a) there shall be inserted after regulation 6 the following regulation–

Transitional provision

(6A) In any proceedings for an offence under these Regulations in respect of any food additive, it shall be a defence to prove that the food additive concerned was put on the market or labelled before 4th November 2000 and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulation 14(1) and (2)(b) of the Miscellaneous Food Additives (Amendment) Regulations 1999 had not been made when the food additive was put on the market or labelled.

(b) in Schedule 1 (categories of food additives) in Part II (supplementary)–

(i) paragraph (s) shall be omitted; and

(ii) in paragraph (t) there shall be inserted at the beginning the words ““flour treatment agent”,” and there shall be inserted after the words “used as a” the words “flour treatment agent,”.

(3) In the Food Labelling Regulations 1996–

(a) in regulation 14(11) (names of ingredients) the words “or in Schedule 3 to the Bread and Flour Regulations” shall be omitted;

(b) in regulation 50 (transitional provision) there shall be inserted at the end the following paragraph–

(8) In any proceedings for an offence under regulation 44(1)(a) as read with regulation 14(9) and (11), it shall be a defence to prove that the food concerned was prepacked before 4th November 2000 and the matter constituting the offence would not have constituted an offence under these Regulations if the amendment made by regulation 14(3)(a) of the Miscellaneous Food Additives (Amendment) Regulations 1999 had not been made when the food was prepacked.

(4) In the Bread and Flour Regulations 1998–

(a) in regulation 5 (additional ingredients) there shall be substituted for paragraphs (1) and (2) the following paragraph–

(1) No person shall use as an ingredient in the preparation of flour or bread any flour bleaching agent.

(b) Schedule 3 (ingredients permitted in flour and bread) shall be omitted.