The Food Additives (Wales) Regulations 2009 (revoked)

Textual Amendments

F10 Regulations revoked in part (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013 (S.I. 2013/2591), reg. 1, Sch. 5

Title, application and commencement E+W

1.  These Regulations are called the Food Additives (Wales) Regulations 2009, apply in relation to Wales and come into force on 20 January 2010.

Interpretation E+W

2.—(1) In these Regulations—

“acid” (“asid”) means any substance which increases the acidity of a food and/or imparts a sour taste to it;

“acidity regulator” (“rheolydd asidedd”) means any substance which alters or controls the acidity or alkalinity of a food;

“the Act” (“y Ddeddf”) means the Food Safety Act 1990;

“anti-caking agent” (“cyfrwng gwrthdalpio”) means any substance which reduces the tendency of individual particles of a food to adhere to each other;

“anti-foaming agent” (“cyfrwng gwrthewynnu”) means any substance which prevents or reduces foaming;

“antioxidant” (“gwrthocsidydd”) means any substance which prolongs the shelf-life of a food by protecting it against deterioration caused by oxidation, including fat rancidity and colour changes;

“bulking agent” (“cyfrwng swmpuso”) means any substance which contributes to the volume of a food without contributing significantly to its available energy value;

“carrier” (“cludydd”) and “carrier solvent” (“toddydd cludo”) have the meanings respectively given to them in Directive 95/2;

“colour” (“lliw”) has the meaning given to it in Directive 94/36;

M1 “Directive 88/388” (“Cyfarwyddeb 88/388”) means Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production ;

M2 “Directive 94/35” (“Cyfarwyddeb 94/35”) means European Parliament and Council Directive 94/35/EC on sweeteners for use in foodstuffs ;

M3 “Directive 94/36” (“Cyfarwyddeb 94/36”) means European Parliament and Council Directive 94/36/EC on colours for use in foodstuffs ;

M4 “Directive 95/2” (“Cyfarwyddeb 95/2”) means European Parliament and Council Directive 95/2/EC on food additives other than colours and sweeteners ;

M5 “Directive 08/60” (“Cyfarwyddeb 08/60”) means Commission Directive 2008/60/EC laying down specific purity criteria concerning sweeteners for use in foodstuffs [F1 as amended by Commission Directive 2010/37/EU amending Directive 2008/60 laying down specific purity criteria on sweeteners];

M6 “Directive 08/84” (“Cyfarwyddeb 08/84”) means Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners [F2 as amended by Commission Directive 2010/67/EU amending Directive 2008/84 laying down specific purity criteria on food additives other than colours and sweeteners];

M7 “Directive 08/128” (“Cyfarwyddeb 08/128”) means Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs [F3 as amended by Commission Directive 2011/3/EU amending Directive 2008/128/EC laying down specific purity criteria on colours for use in foodstuffs];

M8 “Directive 09/39” (“Cyfarwyddeb 09/39”) means Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs for particular nutritional uses (recast) ;

“emulsifier” (“emylsydd”) means any substance which makes it possible to form or maintain a homogenous mixture of two or more immiscible phases, such as oil and water, in a food;

“emulsifying salt” (“halwyn mylsio”) means any substance which converts proteins contained in cheese into a dispersed form, thereby bringing about homogenous distribution of fat and other components;

“firming agent” (“cyfrwng sadio”) means any substance which makes or keeps tissues of fruit or vegetables firm or crisp or which interacts with a gelling agent to produce or strengthen a gel;

“flavour enhancer” (“sylwedd gwella blas”) means any substance which enhances the existing taste and/or odour of a food;

“flavouring” (“cyflasyn”) has the meaning that it bears in Article 1.2 of Directive 88/388;

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

“foaming agent” (“cyfrwng ewynnu”) means any substance which makes it possible to form a homogenous dispersion of a gaseous phase in a liquid or solid food;

“food” (“bwyd”) means food sold, or intended for sale, for human consumption and, for the purposes of regulation 16 and in regulation 17, includes a colour, a sweetener and a food additive;

“food additive” (“ychwanegyn bwyd”)—

(a)

subject to paragraphs (b) and (c), means any substance, whether or not it has nutritive value, that is not normally consumed as a food in itself or used as a characteristic ingredient of food, and which, if added intentionally for a technological purpose to food in its manufacture, processing, preparation, treatment, packaging, transport or storage, results, or may reasonably be expected to result, in the substance or its by-products becoming directly or indirectly a component of the food concerned;

(b)

in the definition of “food” and for the purposes of regulations 8 to 10, 16 and 17, includes a carrier or carrier solvent; and

(c)

for the purposes of regulations 8 to 10, does not include—

(i)

M9 any substance used for the treatment of drinking water as provided for in Council Directive 98/83/EC on the quality of water intended for human consumption ,

(ii)

any product containing pectin and derived from dried apple pomace or peel of citrus fruit, or from a mixture of both, by the action of dilute acid followed by partial neutralisation with sodium or potassium salts (liquid pectin),

(iii)

chewing gum bases,

(iv)

white or yellow dextrin, roasted or dextrinated starch, starch modified by acid or alkali treatment, bleached starch, physically modified starch and starch treated by amylolitic enzymes,

(v)

ammonium chloride,

(vi)

blood plasma, edible gelatine, protein hydrolysates and their salts, milk protein and gluten,

(vii)

amino acids and their salts (other than glumatic acid, glycine, cysteine and cystine and their salts) having no additive function,

(viii)

caseinates and casein, and

(ix)

inulin;

“food authority” (“awdurdod bwyd”), subject to paragraph (3), has the meaning that it bears by virtue of section 5(1A) of the Act;

“food for infants or young children” (“bwyd ar gyfer babanod neu blant ifanc”) means food covered by Article 1.1, 2 and 3(c) of Directive 09/39, but also includes any food for infants or young children who are not in good health;

“gelling agent” (“cyfrwng gelio”) means any substance which gives a food texture through the formation of a gel;

“glazing agent” (“cyfrwng sgleinio”) means any substance which, when applied to the external surface of a food, imparts a shiny appearance or provides a protective coating, and includes lubricants;

“humectant” (“gwlybyrydd”) means any substance which prevents a food from drying out by counteracting the effect of an atmosphere having a low degree of humidity, or which promotes the dissolution of a powder in an aqueous medium;

“infants” (“babanod”) means children under the age of one year;

“miscellaneous additive” (“ychwanegyn amrywiol”) means any food additive which is used or intended to be used primarily as an acid, acidity regulator, anti-caking agent, anti-foaming agent, antioxidant, bulking agent, carrier, carrier solvent, emulsifier, emulsifying salt, firming agent, flavour enhancer, flour treatment agent, foaming agent, gelling agent, glazing agent, humectant, modified starch, packaging gas, preservative, propellant, raising agent, sequestrant, stabiliser or thickener, but does not include any processing aid or any enzyme except invertase or lysozyme;

“modified starch” (“startsh addasedig”) means any substance obtained by one or more chemical treatments of edible starch, which may have undergone a physical or enzymatic treatment, and may be acid or alkali thinned or bleached;

“packaging gas” (“nwy pecynnu”) means any gas, other than air, which is introduced into a container before, during or after the placing of a food in that container;

[F4 “permitted colour” (“lliw a ganiateir”) means—

(a)

before 1 December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in the Annex to Directive 08/128;

(b)

on or after 1 December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in the Annex to Regulation 231/2012;]

“permitted miscellaneous additive” (“ychwanegyn amrywiol a ganiateir”) means any miscellaneous additive listed in Annex I, III, IV or V of Directive 95/2 which satisfies the purity criteria (if any) for that additive;

[F5 “permitted sweetener” (“melysydd a ganiateir”) means—

(a)

before 1 December 2012—

(i)

any sweetener specified in the second column of the Annex to Directive 94/35 which satisfies the specific purity criteria for that sweetener set out in Annex I to Directive 08/60; or

(ii)

in the case of E960 steviol glycosides, a sweetener which satisfies the purity criteria for that sweetener set out in the Annex to Regulation 231/2012;

(b)

on or after 1 December 2012—

(i)

any sweetener specified in the second column of the Annex to Directive 94/35; or

(ii)

E960 steviol glycosides

which satisfies the specific purity criteria for that sweetener set out in the Annex to Regulation 231/2012;]

“placing on the market” (“rhoi ar y farchnad”) has the meaning given to it in Article 3.8 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety;

“preservative” (“cadwolyn”) means any substance which prolongs the shelf-life of a food by protecting it against deterioration caused by micro-organisms;

“processing aid” (“cymhorthyn prosesu”) means any substance not consumed as a food by itself, which is intentionally used in the processing of raw materials, foods or their ingredients to fulfil a certain technological purpose during treatment or processing and which may result in the unintentional but technically unavoidable presence of residues of the substance or its derivatives in the final product, but only if those residues do not present any health risk and do not have any technological effect on the finished product;

“propellant” (“gyrrydd”) means any gas, other than air, which expels a food from a container;

[F6 “purity criteria” (“meini prawf purdeb”), in relation to a miscellaneous additive, means—

(a)

before 1 December 2012, the purity criteria set out in relation to that additive in Annex I to Directive 08/84 or, in the case of E1205 basic methacrylate copolymer, in the Annex to Regulation 231/2012;

(b)

on or after 1 December 2012, the purity criteria set out in relation to that additive in the Annex to Regulation 231/2012;]

“raising agent” (“codydd”) means any substance or combination of substances which liberates gas and thereby increases the volume of a dough or a batter;

M10 “Regulation 1333/2008” (“Rheoliad 1333/2008”) means Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives [F7 as read with Regulation 231/2012 ];

[F8 “Regulation 1129/2011” (“Rheoliad 1129/2011”) means Commission Regulation (EU) No. 1129/2011 amending Annex II to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives, as read with Commission Regulation (EU) No. 1131/2011 amending Annex II to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council with regard to steviol glycosides;]

[F8 “Regulation 1130/2011” (“Rheoliad 1130/2011”) means Commission Regulation (EU) No. 1130/2011 amending Annex III to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives by establishing a Union list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients;]

[F8 “Regulation 231/2012” (“Rheoliad 231/2012”) means Commission Regulation (EU) No. 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council;]

“relevant food additive” (“ychwanegyn bwyd perthnasol”) means any miscellaneous additive, colour or sweetener, or an enzyme which is not acting as a processing aid;

“sell” (“gwerthu”) includes possess for sale, and offer, expose or advertise for sale, and “sale” (“gwerthiant”) and “sold” (“gwerthwyd”) are construed accordingly;

“sequestrant” (“secwestrydd”) means any substance which forms a chemical complex with metallic ions;

“specified permitted colour” (“lliw penodedig a ganiateir”) means any permitted colour other than—

(a)

E123 Amaranth;

(b)

E127 Erythrosine;

(c)

E128 Red 2G;

(d)

E154 Brown FK;

(e)

E160b Annatto, bixin, norbixin;

(f)

E161g Canthaxanthin;

(g)

E173 Aluminium; and

(h)

E180 Litholrubine BK;

“specified Regulation 1333/2008 provision” (“darpariaeth Rheoliad 1333/2008 benodedig”) means any provision of Regulation 1333/2008 that is specified in the first column of the Schedule and whose subject matter is described in the second column of that Schedule;

“stabiliser” (“sefydlogydd”) has the meaning given to it in Directive 95/2;

“sweetener” (“melysydd”) means any food additive which is used or intended to be used—

(a)

to impart a sweet taste to food; or

(b)

as a table-top sweetener;

“thickener” (“tewychydd”) means any substance which increases the viscosity of a food; and

“young children” (“plant ifanc”) means children aged between one and three years.

(2) Other expressions used in these Regulations and in Directive 94/35, 94/36 or 95/2 have, in so far as the context admits, the same meaning as they bear in the Directive concerned.

(3) Where any functions under the Act are assigned—

(a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 M11 , to a port health authority;

(b) by an order under section 6 of the Public Health Act 1936 M12 , to a joint board for a united district; or

(c) by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 M13 , to a single authority for a metropolitan county,

any reference in these Regulations to a food authority is construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

(4) Any reference in these Regulations to—

(a) a maximum level of permitted colour in or on a food is a reference to the maximum amount, in milligrams, of colouring principle contained in that permitted colour per kilogram or, as the case may be, per litre, of food which is ready to eat and which has been prepared according to any instructions for use;

(b) a maximum level of permitted miscellaneous additive in or on a food, or in respect of a food additive, is a reference to the maximum level of that permitted miscellaneous additive in or on the food, or in respect of the food additive, as sold, unless otherwise indicated; or

(c) quantum satis, means, in relation to the use of permitted colours or permitted miscellaneous additives in or on food, that no maximum level of permitted colour or permitted miscellaneous additive has been laid down for use in or on certain food but that a permitted colour or permitted miscellaneous additive may be used in or on the food in accordance with good manufacturing practice at a level not higher than is necessary to achieve the intended purpose and only if such use does not mislead the consumer.

(5) Any reference in these Regulations to an Annex to an EU instrument that is specified in paragraph (6) is a reference to that Annex as amended from time to time.

[F9 (6)  The EU instruments are Directive 94/35, Directive 95/2, Regulation 1333/2008 and Regulation 231/2012.]

Textual Amendments

F1 Words in reg. 2(1) added (31.3.2011) by The Food Additives (Wales) (Amendment) Regulations 2011 (S.I. 2011/655), regs. 1, 2(2)(a)

F2 Words in reg. 2(1) added (31.3.2011) by The Food Additives (Wales) (Amendment) Regulations 2011 (S.I. 2011/655), regs. 1, 2(2)(b)

F3 Words in reg. 2(1) added (1.7.2011 for specified purposes, 1.9.2011 in so far as not already in force) by The Food Additives (Wales) (Amendment) (No. 2) Regulations 2011 (S.I. 2011/1450), regs. 2, 3(1)

F4 Words in reg. 2(1) substituted (23.5.2012) by The Food Additives (Wales) (Amendment) and the Extraction Solvents in Food (Amendment) (Wales) Regulations 2012 (S.I. 2012/1198), regs. 1(2), 2(2)(a)

F5 Words in reg. 2(1) substituted (23.5.2012) by The Food Additives (Wales) (Amendment) and the Extraction Solvents in Food (Amendment) (Wales) Regulations 2012 (S.I. 2012/1198), regs. 1(2), 2(2)(b)

F6 Words in reg. 2(1) substituted (23.5.2012) by The Food Additives (Wales) (Amendment) and the Extraction Solvents in Food (Amendment) (Wales) Regulations 2012 (S.I. 2012/1198), regs. 1(2), 2(2)(c)

F7 Words in reg. 2(1) inserted (23.5.2012) by The Food Additives (Wales) (Amendment) and the Extraction Solvents in Food (Amendment) (Wales) Regulations 2012 (S.I. 2012/1198), regs. 1(2), 2(2)(d)

F8 Words in reg. 2(1) inserted (23.5.2012) by The Food Additives (Wales) (Amendment) and the Extraction Solvents in Food (Amendment) (Wales) Regulations 2012 (S.I. 2012/1198), regs. 1(2), 2(2)(e)

F9 Reg. 2(6) substituted (23.5.2012) by The Food Additives (Wales) (Amendment) and the Extraction Solvents in Food (Amendment) (Wales) Regulations 2012 (S.I. 2012/1198), regs. 1(2), 2(3)

Marginal Citations

M1 OJ No. L184, 15.7.1988, p.61, as last amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty (OJ No. L284, 31.10.2003, p.1).

M2 OJ No. L237, 10.9.1994, p.3, as last amended by Directive 2006/52/EC of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs. (OJ No. L204, 20.7.2006, p.10).

M3 OJ No. L237, 10.9.1994, p.13.

M4 OJ No. L61, 18.3.1995, p.1, as read with the Corrigendum at OJ No. L248, 14.10.1995, p.60 and as last amended by Directive 2006/52/EC.

M5 OJ No. L158, 18.6.2008, p.1.

M6 OJ No. L253, 20.9.2008, p.1. amended by Commission Directive 2009/10/EC amending Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners (OJ No. L44, 14.2.2009, p.62).

M7 OJ No. L6, 10.1.2009, p.20.

M8 OJ No. L124, 20.05.2009, p.21.

M9 OJ No. L330, 5.12.1998, p.32.

M10 OJ No. L354, 31.12.2008, p.16.

M11 1984 c. 22; section 7(3)(d) was substituted by paragraph 27 of Schedule 3 to the Food Safety Act 1990 (1990 c. 16).

M12 1936 c. 49; section is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.

M13 1985 c. 51; paragraph 15(6) was amended by paragraph 31(b) of Schedule 3 to the Food Safety Act 1990.

Use of colours in or on food E+W

F10 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health marking etc. of certain meat and meat products E+W

F10 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of colours on eggshells E+W

F10 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sale of colours and food containing colours E+W

F10 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision E+W

F10 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of miscellaneous additives E+W

F10 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sale of food additives and food containing miscellaneous additives E+W

F10 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions and exemption E+W

F10 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Placing on the market and use of sweeteners E+W

F10 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sale of food containing sweeteners E+W

F10 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision E+W

F10 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences and penalties E+W

F10 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution and enforcement E+W

F10 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of various sections of the Food Safety Act 1990 E+W

F10 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Condemnation of food E+W

F10 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments E+W

18.—(1) F10 ...

(2) F10 ...

(3) F10 ...

(4) In the Meat Products (Wales) Regulations 2004 M14 , for the first Note to Schedule 3 (added ingredients which are not required to be indicated in the name of the food in the case of a meat product to which regulation 5 applies) there is substituted the following Note— “ For the purposes of item 1 of this Schedule, “additive” means any substance permitted for use in food pursuant to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives or Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC. ”M15 .

(5) F10 ...

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marginal Citations

M14 S.I. 2004/1396 (W.141) as amended.

M15 OJ No. L354, 31.12.2008, p.34.

Amendment of the Specified Sugar Products (Wales) Regulations 2003 E+W

19.  In the Specified Sugar Products (Wales) Regulations 2003 M16 , for Note 7 to Schedule 1 (specified sugar products and their reserved descriptions) there is substituted the following Note—

“7.   Specified sugar products may contain any substance permitted pursuant to Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (Recast) M17 or Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives.”.

Marginal Citations

M16 S.I. 2003/3047 (W.290).

M17 OJ No. L141, 6.6.2009, p.3.

Revocations E+W

F10 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gwenda Thomas

Deputy Minister for Social Services under authority of the Minister for Health and Social Services, one of the Welsh Ministers