2004 No. 413

FOOD

The Miscellaneous Food Additives Amendment (Scotland) Regulations 2004

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers in exercise of the powers conferred by sections 16(1)(a), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 19901 and of all other powers enabling them in that behalf, and having had regard in accordance with section 48(4A)2 of that Act to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B)3 of that Act, hereby make the following Regulations:

Citation, commencement and extent1

1

These Regulations may be cited as the Miscellaneous Food Additives Amendment (Scotland) Regulations 2004 and shall come into force on 1st November 2004.

2

These Regulations extend to Scotland only.

Amendment of the Miscellaneous Food Additives Regulations 1995

2

The Miscellaneous Food Additives Regulations 19954 are amended in accordance with regulations 3 and 4.

3

In regulation 2(1) (interpretation), in the definition of “Directive 96/77/EC”, for “and Commission Directive 2002/82/EC”, substitute–

4

In regulation 11 (transitional provisions and exemptions), after paragraph (1D), insert–

1E

In any proceedings for an offence under these Regulations where it is alleged that a food additive failed to satisfy the purity criteria for that additive, it shall be a defence for the person charged to show either–

a

that the food additive concerned is E 431, E 432, E 433, E 434, E 435 or E 436, or polyethylene glycol 6000 and the food additive or food concerned was put on the market or labelled before 1st November 2004; or

b

that the food additive concerned is E 407, E 407a, E 1517 or E 1519 and the food additive or food concerned was put on the market or labelled before 1st April 2005;

and that the matter constituting the offence would not have constituted an offence under these Regulations if the amendment made by regulation 3 of the Miscellaneous Food Additives Amendment (Scotland) Regulations 2004 had not been in force when the matter occurred.

TOM McCABEAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Miscellaneous Food Additives Regulations 1995 (as already amended) (“the principal Regulations”).

The Regulations implement Commission Directives 2003/95/EC (O.J. No. L 283, 31.10.03) and 2004/45/EC (O.J. No. L 113, 20.04.04, p.1), amending Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners.

The Regulations amend the existing requirements in the principal Regulations as regards the purity criteria for Polysorbates (E 431 to E 436), Beta-Cyclodextrin (E 459), Polyethylene Glycol 6000, Carrageenan (E 407) and Processed Eucheuma Seaweed (E 407a); specify new purity criteria for Glyceryl Diacetate (E 1517) and Benzyl Alcohol (E 1519); insert purity criteria for a new permitted additive Hydrogenated Poly-1-Decene (E 907); and add purity criteria for a new liquid category to Sodium Nitrate (E 251) (regulation 3).

Those new requirements will not apply to food additives which were put on the market and labelled before certain dates (regulation 4).

No regulatory impact assessment has been prepared in respect of these Regulations.