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5. After regulation 4 the following regulation shall be inserted –
4A.—(1) Where –
(a)a permitted miscellaneous additive is used in a flavouring;
(b)that flavouring is an ingredient of a compound food; and
(c)the permitted miscellaneous additive performs a technological purpose in the final food;
the permitted miscellaneous additive shall be regarded for the purposes of these Regulations as an additive of the final food.
(2) No person shall use any permitted miscellaneous additive in or on any flavouring where –
(a)the level of such additives used exceeds the minimum necessary to guarantee the safety and quality of the flavouring and to facilitate its storage;
(b)the presence of such additives is a hazard to human health, or misleading to the consumer.”.
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