The Sweeteners in Food (Amendment) (England) Regulations 2004

• Citation: S.I. 2004/3348
• Sections: 9

Section 1 Title, commencement and application

These Regulations —

(a) may be cited as the Sweeteners in Food (Amendment) (England) Regulations 2004;

(b) shall come into force on 29th January 2005; and

(c) shall apply in relation to England only.

Section 2 Amendments to the Sweeteners in Food Regulations 1995

The Sweeteners in Food Regulations 1995 shall be amended insofar as they apply in relation to England in accordance with regulations 3 to 7.

Section 3 Amendments to the Sweeteners in Food Regulations 1995

(1) In regulation 2 (interpretation) paragraph (1) —

(a) in the definition of “Directive 94/35/EC ” after the words “Directive 96/83/EC of the European Parliament and Council” there shall be inserted —

and by Directive 2003/115/EC

(b) in the definition of “Directive 95/31/EC ” after the words “Directive 2001/52/EC ” there shall be inserted —

and by Directive 2004/46/EC

(c) for the definition of “permitted sweetener” there shall be substituted the following definition —

“permitted sweetener” means any sweetener specified in Column 2 of Schedule 1 which satisfies the specific purity criteria for that sweetener specified in the Annex to Directive 95/31/EC ;

(2) In regulation 2 paragraph (3) —

(a) in sub–paragraph (c)(i) the words —

and salt of aspartame–acesulfame

shall be omitted; and

(b) in sub–paragraph (c)(ii) after the words “as the case may be” where those words first appear in that sub–paragraph, there shall be inserted the following words —

the maximum amount of free imide contained in the

Section 3 “Essoblaten”

The maximum usable doses in Column 4 relating to salt of aspartame–acesulfame are derived from the maximum usable doses for its constituent parts, aspartame (E951) and acesulfame–K (E950). The maximum usable doses for both aspartame (E951) and acesulfame–K (E950) are not to be exceeded by use of the salt of aspartame–acesulfame, either alone or in combination with E950 or E951.

Section 4 Amendments to the Sweeteners in Food Regulations 1995

In regulation 3 (sale and use of sweeteners) —

(a) in paragraph (3) there shall be added at the end the words “as read with the notes to that Schedule”; and

(b) paragraph (5) shall be omitted.

Section 4 “Essoblaten”

The maximum usable doses in Column 4 relating to E962 salt of aspartame–acesulfame are expressed either as (a) acesulfame–K equivalents or (b) aspartame equivalents.

Section 5 Amendments to the Sweeteners in Food Regulations 1995

In regulation 4 (sale of table–top sweeteners) in paragraph (b)(iii), after the words “where it contains aspartame” there shall be inserted the following words —

“or salt of aspartame–acesulfame”.

Section 6 Amendments to the Sweeteners in Food Regulations 1995

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

(1B) In any proceedings for an offence under these Regulations which allege a contravention of regulations 3, 4 or 5 it shall be a defence to prove that —

(a) the act was committed before 29th January 2006;

(b) the act was that of —

(i) selling a sweetener or food,

(ii) using a sweetener in or on food,

which in either case was placed on the market before 29th July 2005; and

(c) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(1)(a) or (c) or (2), or 4 to 7 of the Sweeteners in Food (Amendment) (England) Regulations 2004 had not been made when the act was committed.

Section 7 Amendments to the Sweeteners in Food Regulations 1995

In Schedule 1 (permitted sweeteners and the foods in or on which they may be used) —

(a) in the entries in Column 3 relating to “E951 Aspartame” after the words “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts” there shall be inserted in Column 3 the following entry —