The Food Additives (Scotland) Amendment Regulations 2012

Amendment of the Food Additives (Scotland) Regulations 2009 S

2.—(1) The Food Additives (Scotland) Regulations 2009 M1 are amended in accordance with paragraphs (2) to (6).

(2) In paragraph (1) of regulation 2 (interpretation)—

(a) for the definition of “permitted colour” substitute—

““permitted colour” means—

(a)

before 1st December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in Annex I to Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs, as amended by Commission Directive 2011/3/EU amending Directive 2008/128/EC laying down specific purity criteria on colours for use in foodstuffs;

(b)

on or after 1st December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in the Annex to Regulation 231/2012;”;

(b) for the definition of “permitted sweetener” substitute—

““permitted sweetener” means—

(a)

before 1st December 2012—

(i)

any sweetener specified in the second column of the Annex to Directive 94/35 which satisfies the specific purity criteria for that sweetener set out in Annex I to Commission Directive 2008/60/EC laying down specific purity criteria concerning sweeteners for use in foodstuffs, as amended by Commission Directive 2010/37/EU amending Directive 2008/60/EC laying down specific purity criteria on sweeteners; or

(ii)

in the case of E960 steviol glycosides, a sweetener which satisfies the specific purity criteria for that sweetener set out in the Annex to Regulation 231/2012;

(b)

on or after 1st December 2012—

(i)

any sweetener specified in the second column of the Annex to Directive 94/35; or

(ii)

in the case of E960 steviol glycosides, a sweetener,

which satisfies the specific purity criteria for that sweetener set out in the Annex to Regulation 231/2012;”;

(c) for the definition of “purity criteria”, in relation to a miscellaneous additive, substitute—

““purity criteria”, in relation to a miscellaneous additive, means—

(a)

before 1st December 2012—

(i)

the specific purity criteria set out in relation to that additive in Annex I to Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners, as amended by Commission Directive 2010/67/EU amending Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners; or

(ii)

in the case of E1205 basic methacrylate copolymer, the specific purity criteria set out in the Annex to Regulation 231/2012;

(b)

on or after 1st December 2012, the specific purity criteria set out in relation to that additive in the Annex to Regulation 231/2012;”;

(d) at the end of the definition of “Regulation 1333/2008” insert “ as read with Regulation 231/2012 ”; and

(e) after the definition of “Regulation 1333/2008” insert the following definitions:—

““Regulation 1129/2011” means Commission Regulation (EU) No 1129/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives M2 , as read with Commission Regulation (EU) No 1131/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council with regard to steviol glycosides M3 ;

“Regulation 1130/2011” means Commission Regulation (EU) No 1130/2011 amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives by establishing a Union list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients M4 ;

“Regulation 231/2012” means Commission Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council M5 ;”.

(3) For paragraph (5) of regulation 2, substitute—

“(5) The EU instruments are Directive 94/35, Directive 95/2, Regulation 1333/2008 and Regulation 231/2012.”.

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For paragraph (1) of regulation 18 (consequential amendments), substitute—

“(1) In paragraph (1) of regulation 4 (exemptions from the prohibition of mineral hydrocarbon in food) of the Mineral Hydrocarbons in Food (Scotland) Regulations 1966 M6 , for sub-paragraph (d) substitute—

“(d) any food containing mineral hydrocarbon that is used in the food as a miscellaneous additive as defined in the Food Additives (Scotland) Regulations 2009 in compliance with the provisions of those   Regulations;”.”.

F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2(4) revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 (S.S.I. 2013/266), reg. 1, sch. 5

F2 Reg. 2(6) revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 (S.S.I. 2013/266), reg. 1, sch. 5

Marginal Citations

M1 S.S.I. 2009/436, as amended by S.S.I. 2011/99 and 305.

M2 OJ L 295, 12.11.2011, p1.

M3 OJ L 295, 12.11.2011, p205.

M4 OJ L 295, 12.11.2011, p178.

M5 OJ L 83, 22.3.2012, p1.

M6 S.I. 1966/1263.