The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Food and Drugs (Scotland) Act 1956;

“appropriate designation” means, as respects any permitted emulsifier or permitted stabiliser, a name or description or a name and description sufficiently specific, in each case, to indicate to an intending purchaser the true nature of the permitted emulsifier or permitted stabiliser to which it is applied;

“bread” has the meaning assigned to it by the Bread and Flour (Scotland) Regulations 1984(1);

“cheese spread”, “processed cheese”, “soft cheese” and “whey cheese” have the meanings respectively assigned to them by the Cheese (Scotland) Regulations 1970(2);

“chocolate product” and “cocoa product” have the meanings respectively assigned to them by the Cocoa and Chocolate Products (Scotland) Regulations 1976(3);

“emulsifier” and “stabiliser” mean respectively any substance which is capable—

(a)

in the case of an emulsifier, of aiding the formation of, and

(b)

in the case of a stabiliser, of maintaining,

the uniform dispersion of two or more immiscible substances, but do not in either case include—

(i)

any natural food substance,

(ii)

any permitted antioxidant,

(iii)

any permitted colouring matter,

(iv)

any permitted miscellaneous additive,

(v)

any permitted preservative,

(vi)

any permitted solvent,

(vii)

any permitted sweetener,

(viii)

caseins and caseinates,

(ix)

proteins, protein concentrates and protein hydrolysates,

(x)

starches, whether modified or not,

(xi)

normal straight chain fatty acids derived from food fats;

“flour” has the meaning assigned to it by the Bread and Flour (Scotland) Regulations 1984;

“food” has the same meaning as in the Act, except that it is limited to food intended for sale for human consumption;

“Food Chemicals Codex 1981” means the third edition of the Food Chemicals Codex, published in 1981 by the National Academy of Sciences, Washington DC, United States of America;

“natural food substance” means any substance, suitable for use as food and commonly used as food, which is wholly a natural product, whether or not that substance has been subjected to any process or treatment, and includes malt extract and glucose syrup but does not include edible gums;

“permitted antioxidant” means any antioxidant in so far as its use is permitted by the Antioxidants in Food (Scotland) Regulations 1978(4);

“permitted colouring matter” means any colouring matter in so far as its use is permitted by the Colouring Matter in Food (Scotland) Regulations 1973(5);

“permitted emulsifier” and “permitted stabiliser” mean respectively any emulsifier and any stabiliser specified in Part I of Schedule 1, which complies with the specific purity criteria in relation to that emulsifier or stabiliser specified or referred to in Part II of that Schedule and, so far as is not otherwise provided in any such specific purity criteria, with the general purity criteria in Part III of that Schedule, or any mixture of two or more such emulsifiers or stabilisers or emulsifiers and stabilisers;

“permitted miscellaneous additive” means any miscellaneous additive in so far as its use is permitted by the Miscellaneous Additives in Food (Scotland) Regulations 1980(6);

“permitted preservative” means any preservative in so far as its use is permitted by the Preservatives in Food (Scotland) Regulations 1989(7);

“permitted solvent” means any solvent in so far as its use is permitted by the Solvents in Food (Scotland) Regulations 1968(8);

“permitted sweetener” means any sweetener in so far as its use is permitted by the Sweeteners in Food (Scotland) Regulations 1983(9);

“sell” includes offer or expose for sale or have in possession for sale and “sale” and “sold” shall be construed accordingly;

“soft drink” has the meaning assigned to it by the Soft Drinks (Scotland) Regulations 1964(10);

“specified food” means any food of a description specified in column 2 of Part II or column 1 of Part III of Schedule 2;

“specified sugar product” has the meaning assigned to it by the Specified Sugar Products (Scotland) Regulations 1976(11).

(2) Unless a contrary intention is expressed, all proportions mentioned in these Regulations are proportions calculated by weight of the product as sold.

(3) Any reference in these Regulations to a label borne on a container shall be construed as including a reference to any legible marking on the container however effected.

(4) For the purposes of these Regulations, the supply of food, otherwise than by sale, at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale of that food.

(5) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(1)

S.I. 1984/1518, to which there is an amendment not relevant to these Regulations.

(2)

S.I. 1970/108; relevant amending instruments are S.I. 1974/1337, 1984/847

(3)

S.I. 1976/914; relevant amending instrument is S.I. 1982/108

(4)

S.I. 1978/492; relevant amending instruments are S.I. 1980/1886, 1983/1497, 1984/1518

(5)

S.I. 1973/1310; relevant amending instruments are S.I. 1975/1595, 1976/2232, 1979/107, 1987/1985

(6)

S.I. 1980/1889; relevant amending instruments are S.I. 1982/515, 1983/1497, 1984/1518

(7)

S.I. 1989/581

(8)

S.I. 1968/263; relevant amending instruments are S.I. 1980/1887, 1983/1497, 1984/1518

(9)

S.I. 1983/1497; relevant amending instrument is S.I. 1988/2084

(10)

S.I. 1964/767; relevant amending instruments are S.I. 1969/1847, 1970/1619, 1977/1026, 1983/1497 and 1988/2084

(11)

S.I. 1976/946; relevant amending instrument is S.I. 1982/410