The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989

Explanatory Note

(This note is not part of the Regulations

These Regulations, which apply to Scotland only, re-enact with amendments the Emulsifiers and Stabilisers in Food (Scotland) Regulations 1980, as amended, and come into force on 12th July 1989.

The amended 1980 Regulations provided in particular for the implementation of Council Directive 74/329/EEC (OJ No. L189, 12.7.74, p.l), as amended by Council Directive 78/612/EEC (OJ No L197, 22.7.78, p.22) and Council Directive 80/597/EEC (OJ No. L155, 23.6.80, p.23) on the approximation of the laws of Member States relating to emulsifiers, stabilisers, thickeners and gelling agents for use in foodstuffs. They also provided for the implementation of Council Directive 78/663/EEC (OJ No. L223, 14.8.78 p.7), as amended by Council Directive 82/504/EEC (OJ No. L230, 5.8.82, p.35) laying down specific criteria of purity for emulsifiers, stabilisers, thickeners and gelling agents for use in foodstuffs, and Council Directive 78/664/EEC (OJ No. L223, 14.8.78, p.30) laying down specific criteria of purity for antioxidants for use in foodstuffs.

In addition, these Regulations implement Council Directive 86/102/EEC (OJ No. L88, 3.4.86, p.40), which further amended Council Directive 74/329/EEC. As well as making a minor change in the serial numbers of pectin and amidated pectin, this amending Directive withdrew authority for the use of polyoxyethylene (8) stearate, polyoxyethylene (40) stearate, lactylated fatty acid esters of glycol and propane-1, 2-diol, and dioctyl sodium sulphosuccinate as emulsifiers and stabilisers in food. Pursuant to Council Directive 74/329/EEC, tartaric acid esters of mono-and di-glycerides of fatty acids (E472(d)) and mixed acetic and tartaric acid esters of mono-and di-glycerides of fatty acids (E472(f)) are added to the list of permitted emulsifiers and stabilisers and specific purity criteria are laid down in Schedule 1.

Regulation 4(2) and Schedule 2 Part I prescribe a maximum level for guar gum and locust bean gum in food.

Generally, the Regulations—

(a) specify permitted emulsifiers and permitted stabilisers and prescribe purity criteria for those emulsifiers and stabilisers (regulation 2 and Schedule 1);

(b) prohibit the sale and importation of food which contains any added emulsifier or stabiliser other than those prescribed and regulate the sale of food containing permitted emulsifiers and stabilisers (regulation 4 and Schedule 2);

(c) regulate the sale, importation, advertisement and labelling of permitted emulsifiers and permitted stabilisers sold for use as ingredients in the preparation of food (regulations 5 and 6 and Schedule 3);

(d) do not apply to any emulsifier and stabiliser, or to any food having in it or on it any emulsifier or stabiliser, which is intended for export (regulation 3).

The Food Chemicals Codex 1981, referred to in regulation 2(1) and Part II of Schedule 1, may be consulted by prior arrangement with the Librarian, University Library, Glasgow G1 8QE (telephone [phone]). The Food and Nutrition Paper No. 4 (1978) of the United Nations' Food and Agriculture Organisation is available from Her Majesty’s Stationery Office.