The Miscellaneous Food Additives (Amendment No. 2) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations further amend the Miscellaneous Food Additives Regulations (Northern Ireland) 1996 (S.R. 1996 No. 50) as already amended and implement Directive 2003/114 of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners (O.J. No. L24, 29.1.2004, p. 58).

2.  These Regulations amend the Miscellaneous Food Additives Regulations (Northern Ireland) 1996 by –

(a) inserting a definition of flavouring, as the Regulations now apply to control the use of miscellaneous additives in flavourings (regulation 3(a) and (c));

(b) bringing up to date the definition of “Directive 95/2/EC” to cover the amendment of that Directive by Directive 2003/114/EC (regulation 3(b));

(c) substituting a new definition for the term “stabiliser” to include substances which increase the binding capacity of food (regulation 3(d));

(d) making an amendment to regulation 4 to ensure that a flavouring which lawfully has in or on it a permitted miscellaneous additive can be used as an ingredient in a compound food (regulation 4);

(e) providing that where a permitted miscellaneous additive used in a flavouring performs a technological function in the final food in which that flavouring is an ingredient, it is to be regarded as an additive of the final food (regulation 5);

(f) prohibiting the use of additives in flavourings in quantities greater than the minimum necessary, or in circumstances where they would be a hazard to human health or misleading to the consumer, and making contravention an offence (regulation 5);

(g) making transitional provision to allow the marketing of additives, flavourings or foods marketed or labelled before 27th January 2006, which are legal under existing rules (regulation 6);

(h) permitting standardisation of E407a, in addition to E407 and E440 with sugars, provided this is stated in addition to the number and designation of the additive (regulation 7(a));

(i) substituting “calcium carbonate” as the name for E170 (regulations 7(b), 13(b) and 14(b));

(j) adding to the acceptable names for E446, E468 and E469 (regulations 7(c) and (d) and 12(a));

(k) permitting a new additive, E907 to be used as a glazing agent in sugar confectionery and dried fruit (regulation 11(j));

(l) substituting new definitions of food categories in which permitted miscellaneous additives may be used (regulations 8(a) and 10(b));

(m) prohibiting the use of E230 as a permitted preservative for surface treatment of citrus fruits (regulation 9(a));

(n) extending food categories in which permitted miscellaneous additives can be used (regulations 8(b)(i), 9(b), 11(d), 13(a) and (c) – (f), 14(d));

(o) prohibiting the use of phosphates in cider and perry (regulation 11(a)(ii));

(p) providing numerical limits to restrict the use of E903 (regulation 11(h) – (i));

(q) making provision for the restricted use of additives in flavourings (regulations 8(b)(ii), 10(a), 11(a)(i), (b) – (c), (e) – (g) and (k));

(r) inserting a definition of spice oleoresins in Schedule 3 (regulation 11(l));

(s) permitting a new carrier solvent, E555 to be used in certain specified colours (regulation 12(b));

(t) clarifying the extent to which E1450 may be carried over into formulae and weaning foods for infants (regulation 14(a));

(u) bringing up to date the title of Part IV of Schedule 8 to take account of Commission Directive 1999/21/EC on dietary foods for special medical purposes (O.J. No. L91, 7.4.1999, p. 29) (regulation 14(c)).