Regulation (EC) No 1333/2008 of the European Parliament and of the CouncilShow full title

CHAPTER III USE OF FOOD ADDITIVES IN FOODS

Article 15 Use of food additives in unprocessed foods

Food additives shall not be used in unprocessed foods, except where such use is specifically provided for in Annex II.

Article 16 Use of food additives in foods for infants and young children

Food additives shall not be used in foods for infants and young children as referred to in Directive 89/398/EEC, including dietary foods for infants and young children for special medical purposes, except where specifically provided for in Annex II to this Regulation.

Article 17 Use of colours for markings

Only food colours listed in Annex II to this Regulation may be used for the purpose of health marking as provided for in Council Directive 91/497/EEC of 29 July 1991 amending and consolidating Directive 64/433/EEC on health problems affecting intra-Community trade in fresh meat to extend it to the production and marketing of fresh meat(1) and other markings required on meat products, for the decorative colouring of eggshells and for the stamping of eggshells as provided for in Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(2).

Article 18 Carry-over principle

1. The presence of a food additive shall be permitted:

(a) in a compound food other than as referred to in Annex II, where the food additive is permitted in one of the ingredients of the compound food;

(b) in a food to which a food additive, food enzyme or food flavouring has been added, where the food additive:

(i)

is permitted in the food additive, food enzyme or food flavouring in accordance with this Regulation; and

(ii)

has been carried over to the food via the food additive, food enzyme or food flavouring; and

(iii)

has no technological function in the final food;

(c) in a food which is to be used solely in the preparation of a compound food and provided that the compound food complies with this Regulation.

2. Paragraph 1 shall not apply to infant formulae, follow-on formulae, processed cereal-based foods and baby foods and dietary foods for special medical purposes intended for infants and young children as referred to in Directive 89/398/EEC, except where specifically provided for.

3. Where a food additive in a food flavouring, food additive or food enzyme is added to a food and has a technological function in that food, it shall be considered a food additive of that food and not a food additive of the added flavouring, food additive or food enzyme, and must then comply with the conditions of use for that food as provided for.

4. Without prejudice to paragraph 1, the presence of a food additive used as a sweetener shall be permitted in a compound food with no added sugars, in an energy-reduced compound food, in compound dietary foods intended for low-calorie diets, in non-cariogenic compound foods, and in a compound food with an increased shelf-life, provided that the sweetener is permitted in one of the ingredients of the compound food.

Article 19 Interpretation decisions

Where necessary, it may be decided in accordance with the regulatory procedure referred to in Article 28(2) whether or not:

(a)

a particular food belongs to a category of food referred to in Annex II; or

(b)

a food additive listed in Annexes II and III and permitted at ‘quantum satis’ is used in accordance with the criteria referred to in Article 11(2); or

(c)

a given substance meets the definition of food additive in Article 3.

Article 20 Traditional foods

The Member States listed in Annex IV may continue to prohibit the use of certain categories of food additives in the traditional foods produced on their territory as listed in that Annex.

(1)

OJ L 268, 24.9.1991, p. 69.

(2)

OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226, 25.6.2004, p. 22.