The Miscellaneous Food Additives (Amendment) (Wales) Regulations 2002

Welsh Statutory Instruments

2002 No. 329 (W.42)

FOOD, WALES

The Miscellaneous Food Additives (Amendment) (Wales) Regulations 2002

Made

13th February 2002

Coming into force

1st March 2002

In exercise of the powers conferred by sections 16(1)(a), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990M1 , and now vested in the National Assembly for WalesM2 , the National Assembly for Wales, having had regard, in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act, makes the following Regulations:

Marginal Citations

M1 1990 (c. 16).

M2 Functions of “the Ministers” under the Food Safety Act 1990, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672).

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (Wales) Regulations 2002.

(2) These Regulations apply to Wales only and come into force on 1st March 2002.

Amendment of the Miscellaneous Food Additives Regulations 1995 E+W

2.  The Miscellaneous Food Additives Regulations 1995 M3 shall be amended, in so far as they extend to Wales, in accordance with regulations 3 to 8 below.

Marginal Citations

M3 S.I. 1995/3187, amended by S.I. 1997/1413, S.I. 1999/1136, S.I. 2001/1787 and S.I 2001/1440.

3.  In paragraph (1) of regulation 2 (interpretation)—

(a) in the definition of “Directive 95/2/EC”, for the words “and European Parliament and Council Directive 98/72/EC” there shall be substituted the words “ , European Parliament and Council Directive 98/72/EC M4 and European Parliament and Council Directive 2001/5/EC ”M5 ,

(b) in the definition of “Directive 96/77/EC”, for the words “and Commission Directive 2000/63/EC”, there shall be substituted the words “ , Commission Directive 2000/63/EC M6 and Commission Directive 2001/30/EC ”, M7 and

(c) in the definition of “purity criteria”, for paragraph (b) there shall be substituted the following paragraph—

“(b) in the case of magnesium carbonates (E504), the purity criteria referred to in Schedule 5;”.

Marginal Citations

M4 OJ No. L295, 4.11.98, p. 18.

M5 OJ No. L55, 24.2.2001, p. 59.

M6 OJ No. L277, 30.10.2000, p. 1.

M7 OJ No. L 146, 31.5.2001, p.1.

4.  In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1C) the following paragraph—

“(1D) 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 1 March 2002; 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) and 8 of the Miscellaneous Food Additives (Amendment) (Wales) Regulations 2002 had not been in force when that matter occurred.”.

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

(a) in note (2), for the words “and E 948” there shall be substituted the words “ , E 948 and E 949 ”; and

(b) in the Table—

(i) in the first column, immediately after the reference to “E948”, there shall be inserted a reference to “ E949 ”, and

(ii) in the second column, immediately after the reference to “Oxygen”, there shall be inserted a reference to “ Hydrogen ”.

6.  In the Table to Schedule 3 (other permitted miscellaneous additives)—

(a) in the entry for Glycerol esters of wood rosins (E 445)—

(i) in the third column, after the reference to “non-alcoholic flavoured cloudy drinks”, there shall be added the following references—

“Cloudy spirit drinks in accordance with Council Regulation (EEC) No. 1576/89 laying down general rules on the definition, designation and presentation of spirit drinks M8

Cloudy spirit drinks containing less than 15% alcohol by volume”;

(ii) in the fourth column, opposite to each of the references added by this paragraph, there shall be added references to “100mg/l”;

(b) immediately after the entry for Disodium 5’-ribonucleotides (E 635) there shall be inserted the following entry—

“E 650

Zinc acetate

Chewing gum

1000 mg/kg”;

(c) immediately after the entry for Carbamide (E 927b) there shall be inserted the following entries—

“E 943a E 943b E 944

Butane Iso-butane Propane

}

Vegetable oil pan spray (for professional use only) Water-based emulsion spray

quantum satis”.

Marginal Citations

M8 OJ No. L160, 12.6.1989, p. 1.

7.  In Schedule 4 (permitted carriers and carrier solvents), in the entry for Propan - 1,2-diol (propylene glycol) there shall be inserted in the first column the reference “E 1520”.

8.  In Schedule 5 (purity criteria)—

(a) for the text at the start commencing with the words “Each miscellaneous additive for which specific purity criteria are specified” and ending with the expression “E 957 Thaumatin.”, there shall be substituted the following text—

“The miscellaneous additives for which specific purity criteria are referred to below shall not contain—

(a) more than 2 milligrams per kilogram of arsenic;

(b) more than 10 milligrams per kilogram of lead;

(c) more than 50 milligrams per kilogram of copper;

(d) more than 25 milligrams per kilogram of zinc; or

(e) more than 50 milligrams per kilogram of any combination of copper and zinc”;

and

(b) the remainder of the Schedule shall be omitted save for the provisions relating to magnesium carbonates (E 504).

Amendment of the Miscellaneous Food Additives (Amendment) (Wales) Regulations 2001 E+W

9.—(1) Paragraph (2) of regulation 6 (consequential amendments) of the Miscellaneous Food Additives (Amendment) (Wales) Regulations 2001 M9 shall be omitted.

(2) In the Regulations listed below, in so far as they extend to Wales, references to the Miscellaneous Food Additives Regulations 1995 shall be constructed as references to those Regulations as amended by the Miscellaneous Food Additives (Amendment) Regulations 1997 M10 , the Miscellaneous Food Additives (Amendment) Regulations 1999 M11 , the Coffee Extracts and Chicory Extracts (Wales) Regulations 2001 M12 , the Miscellaneous Food Additives (Amendment) (Wales) Regulations 2001 M13 and these Regulations:

the Mineral Hydrocarbons in Food Regulations 1966 M14 ; F1 ...; F2 ...; the Fruit Juices and Fruit Nectars Regulations 1977 M15 ; F3 ...; the Jam and Similar Products Regulations 1981 M16 ; the Meat Products and Spreadable Fish Products Regulations 1984 M17 ; the Food Additives Labelling Regulations 1992 M18 ; the Food Labelling Regulations 1996 M19 .

Textual Amendments

F1 Words in reg. 9(2) omitted (28.11.2003) by virtue of The Specified Sugar Products (Wales) Regulations 2003 (S.I. 2003/3047), regs. 1, 10(3)(h)

F2 Words in reg. 9(2) omitted (28.11.2003) by virtue of The Cocoa and Chocolate Products (Wales) Regulations 2003 (S.I. 2003/3037), regs. 1, 11(2)(h) (with reg. 12)

F3 Words in reg. 9(2) omitted (28.11.2003) by virtue of The Condensed Milk and Dried Milk (Wales) Regulations 2003 (S.I. 2003/3053), regs. 1, 10(2)(h) (with regs. 3, 11)

Marginal Citations

M9 S.I. 2001/1787.

M10 S.I 1997/1413.

M11 S.I 1999/1136.

M12 S.I 2001/1440.

M13 S.I 2001/1787.

M14 S.I 1966/1073; the relevant amending Instrument is S.I. 1995/3187.

M15 S.I 1977/927; the relevant amending Instrument is S.I 1995/3187.

M16 S.I 1981/1063; the relevant amending Instrument is S.I 1995/3187.

M17 S.I 1984/1566; the relevant amending Instrument is S.I 1995/3187.

M18 S.I 1992/1978; the relevant amending Instrument is S.I 1995/3187.

M19 S.I 1996/1499; to which there are amendments not relevant to these Regulations.

M20 Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .

John Marek

The Deputy Presiding Officer of the National Assembly

Marginal Citations

M20 1998 c.38.

Explanatory Note

(This note does not form part of the Regulations)

These Regulations, which apply to Wales only, amend the Miscellaneous Food Additives Regulations 1995, as already amended (“the principal Regulations”), which extend to Great Britain.

The Regulations implement—

(a)  Commission Directive 2001/30/EC amending Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners (OJ No. L146, 31.5.2001, p. 1), and E+W

(b)  Directive 2001/5/EC of the European Parliament and of the Council amending Directive 95/2 on food additives other than colours and sweeteners (OJ No. L55, 24.2.2001, p.59). E+W

Subject to a transitional provision, the Regulations specify new purity criteria in relation to the additives specified in the Annex to Commission Directive 2001/ 30/EC (regulations 3(b) and (c), 4 and 8) and make related amendments to certain Regulations as regards references in those Regulations to the principal Regulations (regulation 9).

The Regulations also—

(a)  add one new additive to the list, in Schedule 1 to the principal Regulations, of miscellaneous food additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8 to those Regulations (regulation 5); E+W

(b)  modify the list, in Schedule 3 to the principal Regulations, of miscellaneous food additives which may be included in certain foods, by adding four new additives to that list and specifying additional foods in which Glycerol esters of wood rosins may be contained (regulation 6); and E+W

(c)  modify the list of permitted carriers and carrier solvents in Schedule 4 to the principal Regulations by incorporating an E Number for Propan - 1,2-diol (propylene glycol) (regulation 7). E+W