Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 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 (Text with EEA relevance) (c. 1334)

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CHAPTER III U.K. COMMUNITY LIST OF FLAVOURINGS AND SOURCE MATERIALS APPROVED FOR USE IN OR ON FOODS

Article 9 U.K. Flavourings and source materials for which an evaluation and approval is required

This Chapter shall apply to:

(a)

flavouring substances;

(b)

flavouring preparations referred to in Article 3(2)(d)(ii);

(c)

thermal process flavourings obtained by heating ingredients which fall partially or totally within Article 3(2)(e)(ii) and/or for which the conditions for the production of thermal process flavourings and/or the maximum levels for certain undesirable substances set out in Annex V are not met;

(d)

flavour precursors referred to in Article 3(2)(g)(ii);

(e)

other flavourings referred to in Article 3(2)(h);

(f)

source materials other than food referred to in Article 3(2)(j)(ii).

Article 10 U.K. Community list of flavourings and source materials

Of the flavourings and source materials referred to in Article 9, only those included in the Community list may be placed on the market as such and used in or on foods under the conditions of use specified therein, where applicable.

Article 11 U.K. Inclusion of flavourings and source materials in the Community list

1. A flavouring or source material may be included in the Community list, in accordance with the procedure laid down by Regulation (EC) No 1331/2008, only if it complies with the conditions set out in Article 4 of this Regulation.

2. The entry for a flavouring or source material in the Community list shall specify:

(a) the identification of the flavouring or the source material approved;

(b) where necessary, the conditions under which the flavouring may be used.

3. The Community list shall be amended in accordance with the procedure referred to in Regulation (EC) No 1331/2008.

Article 12 U.K. Flavourings or source materials falling within the scope of Regulation (EC) No 1829/2003

1. A flavouring or source material falling within the scope of Regulation (EC) No 1829/2003 may be included in the Community list in Annex I in accordance with this Regulation only when it is covered by an authorisation in accordance with Regulation (EC) No 1829/2003.

2. When a flavouring already included in the Community list is produced from a different source falling within the scope of Regulation (EC) No 1829/2003, it will not require a new authorisation under this Regulation, as long as the new source is covered by an authorisation in accordance with Regulation (EC) No 1829/2003 and the flavouring complies with the specifications established under this Regulation.

Article 13 U.K. Interpretation decisions

Where necessary, it may be decided in accordance with the regulatory procedure referred to in Article 21(2):

(a)

whether or not a given substance or mixture of substances, material or type of food falls within the categories listed in Article 2(1);

(b)

to which specific category, defined in Article 3(2)(b) to (j), a given substance belongs;

(c)

whether or not a particular product belongs to a food category or is a food referred to in Annex I or Annex III, Part B.