Amendment of the Food Additives (Scotland) Regulations 20092

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—

  1. 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;

  2. 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—

  1. a

    before 1st December 2012—

    1. 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

    2. 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;

  2. b

    on or after 1st December 2012—

    1. i

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

    2. 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—

      1. a

        before 1st December 2012—

        1. 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

        2. ii

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

      2. 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.

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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;

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