Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (Text with EEA relevance) (c. 1331)

CHAPTER I U.K. GENERAL PRINCIPLES

Article 1 U.K. Subject matter and scope

1. This Regulation lays down a common procedure for the assessment and authorisation (hereinafter referred to as the common procedure) of food additives, food enzymes, food flavourings and source materials of food flavourings and of food ingredients with flavouring properties used or intended for use in or on foodstuffs (hereinafter referred to as the substances), which contributes to the free movement of food F1 ... and to a high level of protection of human health and to a high level of consumer protection, including the protection of consumer interests. This Regulation shall not apply to smoke flavourings falling within the scope of Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods(1).

2. The common procedure shall lay down the procedural arrangements for updating the lists of substances the marketing of which is authorised F2 ... pursuant to Regulation (EC) No 1333/2008 [on food additives], Regulation (EC) No 1332/2008 [on food enzymes] and Regulation (EC) No 1334/2008 [on flavourings and certain food ingredients with flavouring properties for use in and on foods] (hereinafter referred to as the sectoral food laws).

3. The criteria according to which substances can be included on the [F3 domestic] list provided for in Article 2, the content of the regulation referred to in Article 7 and, where applicable, the transitional provisions concerning ongoing procedures are laid down in each sectoral food law.

Textual Amendments

F1 Words in Art. 1(1) omitted (31.12.2020) by virtue of The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 37(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(2) omitted (31.12.2020) by virtue of The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 37(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Art. 1(3) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 37(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. [F4 Domestic] list of substances

1. Under each sectoral food law, substances that have been authorised to be placed on the F5 ... market shall be included on a list the content of which is determined by the said law (hereinafter referred to as the [F6 domestic] list). [F7 The domestic list is to be updated by the appropriate authority.] F8 ...

2. ‘Updating the [F9 domestic] list’ means:

(a) adding a substance to the [F9 domestic] list;

(b) removing a substance from the [F9 domestic] list;

(c) adding, removing or changing conditions, specifications or restrictions associated with the presence of a substance on the [F9 domestic] list.

[F10 3. “Authority” means—

(a) as regards England and Wales, the Food Standards Agency;

(b) as regards Scotland, Food Standards Scotland;

4. “prescribe”, means prescribe by regulations;

5. “appropriate authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers;

6. “Regulation 234/2011” means Commission Implementing Regulation (EU) No. 234/2011 implementing Regulation (EC) No. 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings;]

Textual Amendments

F4 Word in Art. 2 heading substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 38; 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 2(1) omitted (31.12.2020) by virtue of The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 39(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 2(1) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 39(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(1) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 39(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(1) omitted (31.12.2020) by virtue of The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 39(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in Art. 2(2) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 39(b); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 2(3)-(6) added (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 39(c) (as amended by S.I. 2020/1504, regs. 1(2), 18(10)); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ L 309, 26.11.2003, p. 1.