The Food Additives (Scotland) Amendment Regulations 2012

Amendment of the Food Additives (Scotland) Regulations 2009S

This section has no associated Executive Note

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

Marginal Citations

M1S.S.I. 2009/436, as amended by S.S.I. 2011/99 and 305.

M2OJ L 295, 12.11.2011, p1.

M3OJ L 295, 12.11.2011, p205.

M4OJ L 295, 12.11.2011, p178.

M5OJ L 83, 22.3.2012, p1.