The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989

Regulation 2(1)

SCHEDULE 1

PART I PERMITTED EMULSIFIERS AND PERMITTED STABILISERS

Column 1	Column 2
Serial Number	Emulsifier or Stabiliser
E 322	Lecithins
E 400	Alginic acid
E 401	Sodium alginate
E 402	Potassium alginate
E 403	Ammonium alginate
E 404	Calcium alginate
E 405	Propane-l,2-diol alginate
E 406	Agar
E 407	Carrageenan
E 410	Locust bean gum
E 412	Guar gum
E 413	Tragacanth
E 414	Acacia
E 415	Xanthan gum
416	Karaya gum
432	Polyoxyethylene (20) sorbitan monolaurate
433	Polyoxyethylene (20) sorbitan mono-oleate
434	Polyoxyethylene (20) sorbitan monopalmitate
435	Polyoxyethylene (20) sorbitan monostearate
436	Polyoxyethylene (20) sorbitan tristearate
E 440	(i) Pectin
E 440	(ii) Amidated pectin
442	Ammonium phosphatides
E 460	(i) Microcrystalline cellulose
E 461	Methylcellulose
E 463	Hydroxypropylcellulose
E 464	Hydroxypropylmethylcellulose
E 465	Ethylmethylcellulose
E 466	Carboxymethylcellulose
E 470	Sodium, potassium and calcium salts of fatty acids
E 471	ono-and di-glycerides of fatty acids
E 472(a)	Acetic acid esters of mono-and di-glycerides of fatty acids
E 472(b)	Lactic acid esters of mono-and di-glycerides of fatty acids
E 472(c)	Citric acid esters of mono-and di-glycerides of fatty acids
E 472(d)	Tartaric acid esters of mono-and di-glycerides of fatty acids
E 472(e)	Mono-and diacetyltartaric acid esters of mono-and di-glycerides of fatty acids
E 472(f)	Mixed acetic and tartaric acid esters of mono-and di-glycerides of fatty acids
E 473	Sucrose esters of fatty acids
E 474	Sucroglycerides
E 475	Polyglycerol esters of fatty acids
476	Polyglycerol esters of polycondensed fatty acids of castor oil
E 477	Propane-1,2-diol esters of fatty acids
E 481	Sodium stearoyl-2-lactylate
E 482	Calcium stearoyl-2-lactylate
E 483	Stearoyl tartrate
491	Sorbitan monostearate
492	Sorbitan tristearate
493	Sorbitan monolaurate
494	Sorbitan mono-oleate
495	Sorbitan monopalmitate
—	Extract of Quillaia
—	Polyglycerol esters of dimerised fatty acids of soya bean oil
—	Oxidatively polymerised soya bean oil
—	Pectin extract

PART II SPECIFIC PURITY CRITERIA FOR PERMITTED EMULSIFIERS AND PERMITTED STABILISERS

E 322 Lecithins

The specific purity criteria for lecithins contained in Council Directive 78/664/EEC(1) as amended by Article 1.2 of Council Directive 82/712/EEC(2).

E 400 Alginic acid

The specific purity criteria for alginic acid contained in Council Directive 78/663/EEC(3) as amended by Article 1.2(a) of Council Directive 82/504/EEC(4).

E 401 Sodium alginate

The specific purity criteria for sodium alginate contained in Council Directive 78/663/EEC amended by Article 1.2(a) of Council Directive 82/504/EEC.

E 402 Potassium alginate

The specific purity criteria for potassium alginate contained in Council Directive 78/663/EEC as amended by Article 1.2(a) of Council Directive 82/504/EEC.

E 403 Ammonium alginate

The specific purity criteria for ammonium alginate contained in Council Directive 78/663/EEC as amended by Article 1.2(a) of Council Directive 82/504/EEC.

E 404 Calcium alginate

The specific purity criteria for calcium alginate contained in Council Directive 78/663/EEC as amended by Article 1.2(a) of Council Directive 82/504/EEC.

E 405 Propane-1,2-diol alginate

Synonym

Propylene glycol alginate.

The specific purity criteria for propane-1,2-diol alginate contained in Council Directive 78/663/EEC as amended by Article 1.2(a) of Council Directive 82/504/EEC.

E 406 Agar

The specific purity criteria for agar contained in Council Directive 78/663/EEC.

E 407 Carrageenan

The specific purity criteria for carrageenan contained in Council Directive 78/663/EEC.

E 410 Locust bean gum

Synonym

Carob gum.

The specific purity criteria for locust bean gum contained in Council Directive 78/663/EEC.

E 412 Guar gum

The specific purity criteria for guar gum contained in Council Directive 78/663/EEC.

E 413 Tragacanth

The specific purity criteria for tragacanth contained in Council Directive 70/663/EEC.

E 414 Acacia

Synonym

Gum arabic.

The specific purity criteria for acacia contained in Council Directive 78/663/EEC.

E 415 Xanthan gum

The specific purity criteria for xanthan gum contained in Council Directive 78/663/EEC as amended by Article 1.2(b) of Council Directive 82/504/EEC.

416 Karaya gum

Synonym

Sterculia gum.

The criteria in the monograph for karaya gum contained in the Food Chemicals Codex 1981 at page 157.

432 Polyoxyethylene (20) sorbitan monolaurate

Synonym

Polysorbate 20.

The criteria in the monograph for polysorbate 20 contained in the Food Chemicals Codex 1981 at page 234.

433 Polyoxyethylene (20) sorbitan mono-oleate

Synonym

Polysorbate 80.

The criteria in the monograph for polysorbate 80 contained in the Food Chemicals Codex 1981 at page 236 except that the final sentence of the description (requirement to conform to the regulations of the federal Food and Drug Administration pertaining to specifications for fats or fatty acids derived from edible sources) shall be deleted.

434 Polyoxyethylene (20) sorbitan monopalmitate

Synonym

Polysorbate 40.

The criteria in the monograph for polyoxyethylene (20) sorbitan monopalmitate contained in the Food and Nutrition Paper No. 4 (1978) of the United Nations' Food and Agriculture Organisation at page 278.

435 Polyoxyethylene (20) sorbitan monostearate

Synonym

Polysorbate 60.

The criteria in the monograph for polysorbate 60 contained in the Food Chemicals Codex 1981 at page 235 except that the final sentence of the description (requirement to conform to the regulations of the federal Food and Drug Administration pertaining to specifications for fats or fatty acids derived from edible sources) shall be deleted.

436 Polyoxyethylene (20) sorbitan tristearate

Synonym

Polysorbate 65.

The criteria in the monograph for polysorbate 65 contained in the Food Chemicals Codex 1981 at page 235 except that the final sentence of the description (requirement to conform to the regulations of the federal Food and Drug Administration pertaining to specifications for fats or fatty acids derived from edible sources) shall be deleted.

E 440 (i) Pectin

The specific purity criteria for pectin contained in Council Directive 78/663/EEC.

E 440 (ii) Amidated pectin

The specific purity criteria for amidated pectin contained in Council Directive 78/663/EEC.

442 Ammonium phosphatides

Description	Ammonium phosphatides exist as an unctuous semi-solid (at 25C). They consist essentially of a mixture of the ammonium salts of phosphatidic acids derived from partially hardened rapeseed oil together with unreacted partially hardened rapeseed oil.
Matter insoluble in petroleum ether (40C-60C)	Total: Not more than 2.5 per centum. Inorganic matter: Not more than 0.2 per centum.
pH of an aqueous extract of melted ammonium phosphatides	Not less than 6.0 and not more than 8.0.
Phosphorus	Not less than 3.0 per centum and not more than 3.4 per Centum.
Ammonium nitrogen	Not less than 1.2 per centum and not more than 1.5 per centum.
Arsenic	Not more than 5 mg. per kg.

E 460(i) Microcrystalline cellulose

The specific purity criteria for microcrystalline cellulose contained in Council Directive 78/663/EEC, as amended by Article 1.2(c) of Council Directive 82/504/EEC.

E 461 Methylcellulose

The specific purity criteria for methylcellulose contained in Council Directive 78/663/EEC.

E 463 Hydroxypropylcellulose

The specific purity criteria for hydroxypropylcellulose contained in Council Directive 78/663/EEC.

E 464 Hydroxypropylmethylcellulose

The specific purity criteria for hydroxypropylmethylcellulose contained in Council Directive 78/663/EEC.

E 465 Ethylmethylcellulose

Synonym

Methylethylcellulose.

The specific purity criteria for ethylmethylcellulose contained in Council Directive 78/663/EEC.

E 466 Carboxymethylcellulose

Synonym

Sodium carboxymethylcellulose.

The specific purity criteria for carboxymethylcellulose contained in Council Directive 78/663/EEC.

E 470 Sodium, potassium and calcium salts of fatty acids

The specific purity criteria for sodium, potassium and calcium salts of fatty acids contained in Council Directive 78/663/EEC.

E 471 Mono-and di-glycerides of fatty acids

The specific purity criteria for mono-and di-glycerides of fatty acids contained in Council Directive 78/663/EEC.

E 472(a) Acetic acid esters of mono-and di-glycerides of fatty acids

Synonym

Acetylated mono-and di-glycerides.

The specific purity criteria for acetic acid esters of mono-and di-glycerides of fatty acids contained in Council Directive 78/663/EEC.

E 472(b) Lactic acid esters of mono-and di-glycerides of fatty acids

Synonyms	Lactylated mono-and di-glycerides.
	Lactoglycerides.

The specific purity criteria for lactic acid esters of mono-and di-glycerides of fatty acids contained in Council Directive 78/663/EEC.

E 472(c) Citric acid esters of mono-and di-glycerides of fatty acids

Synonym

Citroglycerides.

The specific purity criteria for citric acid esters of mono-and di-glycerides of fatty acids contained in Council Directive 78/663/EEC.

E 472(d) Tartaric acid esters of mono-and di-glycerides of fatty acids

The specific purity criteria for tartaric acid esters of mono-and di-glycerides of fatty acids contained in Council Directive 78/663/EEC.

E 472(e) Mono-and diacetyltartaric acid esters of mono-and di-glycerides of fatty acids

Synonym

Mono-and diacetyltartaric acid esters of mono-and di-glycerides.

The specific purity criteria for mono-and diacetyltartaric acid esters of mono-and di-glycerides of fatty acids contained in Council Directive 78/663/EEC.

E 472(f) Mixed acetic and tartaric acid esters of mono-and di-glycerides of fatty acids

The specific purity criteria for mixed acetic and tartaric acid esters of mono-and di-glycerides of fatty acids contained in Council Directive 78/663/EEC.

E 473 Sucrose esters of fatty acids

The specific purity criteria for sucrose esters of fatty acids contained in Council Directive 78/663/EEC.

E 474 Sucroglycerides

The specific purity criteria for sucroglycerides contained in Council Directive 78/663/EEC as amended by Article 1.2(e) of Council Directive 82/504/EEC.

E 475 Polyglycerol esters of fatty acids

The specific purity criteria for polyglycerol esters of non-polymerised fatty acids contained in Council Directive 78/663/EEC.

476 Polyglycerol esters of polycondensed fatty acids of castor oil

Synonym	Polyglycerol polyricinoleate.
Description	The polyglycerol esters of polycondensed fatty acids of castor oil exist as a highly viscous liquid (at 25C). They are essentially a complex mixture of the partial esters and ethers of polyglycerol with linearly interesterified (polycondensed) fatty acids derived from castor oil. The polycondensed castor oil fatty acids are prepared by condensation in the absence of oxygen and have an average of about 5 fatty acid residues per molecule. The polyglycerol moiety is predominantly di-, tri-and tetra glycerol and contains not more than 10 per centum of polyglycerols equal to or higher than heptaglycerol.
Refractive index, n (65°C/D)	Not less than 1.4630 and not more than 1.4665.
Hydroxyl value	Not less than 80 and not more than 100.
Iodine value	Not less than 72 and not more than 103 (Wijs).
Acid value	Not more than 6 mg. KOH per g.

E 477 Propane-1,2-diol esters of fatty acids

Synonym

Propylene glycol esters of fatty acids.

The specific purity criteria for propane-1,2-diol esters of fatty acids contained in Council Directive 78/663/EEC as amended by Article 1.2(f) of Council Directive 82/504/EEC.

E 481 Sodium stearoyl-2-lactylate

The specific purity criteria for sodium stearoyl-2-lactylate contained in Council Directive 78/663/EEC.

E 482 Calcium stearoyl-2-lactylate

The specific purity criteria for calcium stearoyl-2-lactylate contained in Council Directive 78/663/EEC.

E 483 Stearoyl tartrate

The specific purity criteria for stearoyl tartrate contained in Council Directive 78/663/EEC.

491 Sorbitan monostearate

The criteria in the monograph for sorbitan monostearate contained in the Food Chemicals Codex 1981 at page 307 except that the final sentence of the description (requirement to conform to the regulations of the federal Food and Drug Administration pertaining to specifications for fats or fatty acids derived from edible sources) shall be deleted.

492 Sorbitan tristearate

The criteria in the monograph for sorbitan tristearate contained in the Food and Nutrition Paper No. 4 (1978) of the United Nations' Food and Agriculture Organisation at page 297.

493 Sorbitan monolaurate

The criteria in the monograph for sorbitan monolaurate contained in the British Pharmaceutical Codex 1973 at page 465.

494 Sorbitan mono-oleate

The criteria in the monograph for sorbitan mono-oleate contained in the British Pharmaceutical Codex 1973 at page 466.

495 Sorbitan monopalmitate

The criteria in the monograph for sorbitan monopalmitate contained in the Food and Nutrition Paper No. 4 (1978) of the United Nations' Food and Agriculture Organisation at page 293.

Extract of Quillaia

The aqueous extract of the product complying with the monograph for Quillaia or for powdered Quillaia, in each case, contained in the British Pharmacopoeia 1980, at page 382.

Polyglycerol esters of dimerised fatty acids of soya bean oil

Description	Polyglycerol esters of dimerised fatty acids of soya bean oil exist as a viscous oil obtained by the interesterification of polyglycerol with refined soya bean oil thermally polymerised in vacuo.
	The polyglycerol moiety is predominantly di-, tri-and tetra-glycerol and contains not more than 10 per centum of polyglycerols equal to or higher than heptaglycerol.
Urea non-adduct content of total fatty acid methyl esters	Not more than 65 per centum.
Saponification value	Not less than 158 and not more than 175.
Iodine value	Not less than 78 and not more than 82 (Wijs).
Hydroxyl value	Not less than 60 and not more than 70.
Acid value	Not more than 6 mg. KOH per g.
Oxidatively polymerised soya bean oil
Description	Oxidatively polymerised soya bean oil is a highly viscous liquid (at 25C). It is obtained by blowing air into edible soya bean oil at a temperature not exceeding 250C.
Combined oxidised fatty acids	Not more than 30 per centum.
Urea non-adduct content of total fatty acid methyl esters	Not more than 42 per centum.
Refractive index, n (40°C/D)	Not less than 1.475 and not more than 1.485.
Saponification value	Not more than 220.
Iodine value	Not less than 75 and not more than 85 (Wijs).
Hydroxyl value	Not less than 30 and not more than 70.
Acid value	Not more than 6 mg. KOH per g.
Pectin extract
Description	Pectin extract is obtained by extraction of dried apple pomace, citrus peel, or a mixture of both, with dilute potassium salts and concentration by evaporation. It may be in the form of a buff to brownish viscous solution (liquid pectin) or in the form of dry brown flakes or powder.
Content	Not more than 20 per centum of total solids and not less than 1.3 per centum of galacturonic acid for the liquid form; not less than 6.5 per centum of galacturonic acid for the dry form.
Reducing sugars	Not more than 12 per centum for the liquid form and not more than 75 per centum for the dry form.
Sulphate	Not more than 3 per centum for the liquid form and not more than 30 per centum for the dry form, in both cases expressed as Na2SO4.
Acid-insoluble ash	Not more than 1 per centum.

PART III GENERAL PURITY CRITERIA APPLICABLE TO PERMITTED EMULSIFIERS AND PERMITTED STABILISERS EXCEPT WHERE OTHERWISE PROVIDED BY SPECIFIC CRITERIA

Each emulsifier and stabiliser shall not contain—

(a) more than 3 milligrams per kilogram of arsenic;

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

(c) more than 50 milligrams per kilogram of copper, or 25 milligrams per kilogram of zinc, or 50 milligrams per kilogram of any combination of copper and zinc.

Regulations 2(1) and 4

SCHEDULE 2

PART I EMULSIFIERS AND STABILISERS PERMITTED IN FOOD ONLY TO A MAXIMUM LIMIT

Guar Gum

Locust Bean Gum

PART II EMULSIFIERS AND STABILISERS PERMITTED ONLY IN CERTAIN FOOD

Column 1	Column 2	Column 3
Permitted emulsifier or permitted stabiliser	Specified food	Milligrams per kilogram not exceeding—
(a) Extract of Quillaia	Soft drinks	200 (of the dry matter content of the extract)
(b) Sodium, potassium and calcium salts of fatty acids
(i) all such salts	Dutch type rusks	15,000 (calculated as sodium oleate C188H33O2Na, and on the weight of the flour)
	The permitted emulsifiers or permitted stabilisers: mono-and di-glycerides of fatty acids; lactic acid esters of mono-and di-glycerides of fatty acids; sucrose esters of fatty acids; sucroglycerides; poly-glycerol esters of fatty acids; propane 1,2-diol esters of fatty acids	60,000 (calculated as sodium oleate C18H33O2Na)
(ii) sodium octanoate	Malted barley	In accordance with good manufacturing practice
(c) Oxidatively polymerised soya bean oil Polyglycerol esters of dimerised fatty acids of soya bean oil	Tin-greasing emulsions	In accordance with good manufacturing practice

PART III FOOD IN WHICH ONLY CERTAIN EMULSIFIERS AND STABILISERS ARE PERMITTED

Column 1	Column 2	Column 3
Specified food	Permitted emulsifier or permitted stabiliser	Milligrams per kilogram not exceeding—
(a) Bread	As prescribed by the Bread and Flour Regulations 1984(5)	As prescribed by the Bread and Flour Regulations 1984
(b) Soft cheese, whey cheese, processed cheese, cheese spread	As prescribed by the Cheese (Scotland) Regulations 1970(6)	As prescribed by the Cheese (Scotland) Regulations 1970
(c) Cocoa products, chocolate products	As prescribed by the Cocoa and Chocolate Products (Scotland) Regulations 1976(7)	As prescribed by the Cocoa and Chocolate Products (Scotland) Regulations 1976

Regulation 5(2)

SCHEDULE 3 LABELLING OF PERMITTED EMULSIFIERS AND PERMITTED STABILISERS

1.—(1) Each container to which regulation 5(2) relates shall bear a label on which is printed a statement, specifying—

(a) in respect of each permitted emulsifier or permitted stabiliser present, the serial number, if any, as specified in relation thereto in column 1 of Part I of Schedule 1, and the common or usual name or an appropriate designation of that permitted emulsifier or permitted stabiliser;

(b) in respect of each permitted emulsifier or permitted stabiliser present to which any specified sugar product has been added for the purpose of standardisation, the declaration “standardised with sugar” or “standardised with sugars” as the case may be; and

(c) where any other substance or substances is or are present,—

(i) the common or usual name or an appropriate designation of each such substance, and

(ii) the proportion of each such substance in respect of which any Regulations, other than these Regulations, made under the Act contain a requirement to that effect.

(2) The said statement shall be headed or preceded by the words “for foodstuffs (restricted use)”.

2.  Any statement required by the preceding paragraph—

(a) shall be clear and legible;

(b) shall be in a conspicuous position on the label which shall be marked on, or securely attached to, the container in such a manner that it will be readily discernible and easily read by an intending purchaser under normal conditions of purchase;

(c) shall not be in any way hidden or obscured or reduced in conspicuousness by any other matter, whether pictorial or not, appearing on the label.

3.  The figures and letters in every word in any statement to which the preceding paragraph applied

(a) shall be in characters of uniform colour and size (being not less than 1.5 millimetres in height for a label on a container of which the greatest dimension does not exceed 12 centimetres and not less than 3 millimetres in height for a label on a container of which the greatest dimension exceeds 12 centimetres), but so that the initial letter of any word may be taller than any other letter in the word;

(b) shall appear on a contrasting ground, so however that where there is no ground other than such as is provided by a transparent container and the contents of that container are visible behind the letters, those contents shall be taken to be the ground for the purposes of this paragraph;

(c) shall be within a surrounding line and no other written or pictorial matter shall appear within that line.

4.  For the purpose of this Schedule—

(a) the height of any lower case letter shall be taken to be the x height thereof, disregarding any ascender or descender thereof;

(b) any requirement that figures or letters shall be of uniform height, colour or size, shall be construed as being subject to the saving that any inconsiderable variation in height, colour or size, as the case may be, may be disregarded.

Regulation 11

SCHEDULE 4

Regulation revoked	References	Extent of revocation
The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1980	S.I. 1980/1888	All the Regulations.
The Emulsifiers and Stabilisers in Food (Scotland) Amendment Regulations 1982	S.I. 1982/514	All the Regulations.
The Sweeteners in Food (Scotland) Regulation 1983	S.I. 1983/1497	Schedule 2, paragraph 6.
The Emulsifiers and Stabilisers in Food (Scotland) Amendment Regulations 1983	S.I. 1983/1815	All the Regulations.
The Cheese (Scotland) Amendment Regulations 1984	S.I. 1984/847	Regulation 3.
The Bread and Flour (Scotland) Regulations 1984	S.I. 1984/1518	Schedule 6, paragraph 5.

(1)

OJ No. L223, 14.8.78, p.30.

(2)

OJ No. L297, 23.10.82, p.31.

(3)

OJ No. L223, 14.8.78, p.7.

(4)

OJ No. L230, 5.8.82, p.35.

(5)

S.I. 1984/1518

(6)

S.I. 1970/108; relevant amending instrument is S.I. 1974/1337, 1984/847

(7)

S.I. 1976/914; relevant amending instrument is S.I. 1982/108 S.I. 1983/1497; 1984/847, 1518 amended & S.I. 1980/1888; 1982/514; 1983/1815 revoked