1995 No. 3123

FOOD

The Sweeteners in Food Regulations 1995

Made

Laid before Parliament

Coming into force

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1)(a) and (e), 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, hereby make the following Regulations, after consultation in accordance with section 48(4) of the said Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations:

Title and commencement1

These Regulations may be cited as the Sweeteners in Food Regulations 1995, and shall come into force on 1st January 1996.

Interpretation2

1

In these Regulations, unless the context otherwise requires—

  • the Act” means the Food Safety Act 1990;

  • “Directive 94/35/EC” means European Parliament and Council Directive 94/35/EC2 on sweeteners for use in foodstuffs;

  • “Directive 95/31/EC” means Commission Directive 95/31/EC3 laying down specific criteria of purity concerning sweeteners for use in foodstuffs;

  • “food” means food sold, or intended for sale, for human consumption, and in regulation 6 and for the purposes of regulation 9 includes a sweetener;

  • “food additive” means any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food, whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food results, or may reasonably be expected to result, in it or its by-products becoming directly or indirectly a component of such foods;

  • “infants” means children under the age of twelve months;

  • “member State” means a member State of the European Community;

  • “permitted sweetener” means any sweetener specified in Column 2 of Schedule 1 which satisfies the specific purity criteria for that sweetener set out in the annex to Directive 95/31/EC;

  • “sell” includes possess for sale, and offer, expose or advertise for sale, and “sale” and “sold” shall be construed accordingly;

  • “sweetener” means any food additive which is used or intended to be used—

    1. a

      to impart a sweet taste to food, or

    2. b

      as a table-top sweetener;

  • “young children” means children aged between one and three years,

and other expressions used in these Regulations and in Directive 94/35/EC have, in so far as the context admits, the same meaning as they bear in that Directive.

2

Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

3

In Schedule 1—

a

in Column 3, the description “with no added sugar” means that the food to which it refers does not contain any—

i

added monosaccharide,

ii

added disaccharide,

iii

other added food used for its sweetening properties;

b

in Column 3, the description “energy-reduced” means that the food to which it refers has an energy value reduced by at least 30 per cent compared with the original or a similar food;

c

in Column 4, the maximum usable dose indicated in relation to a food is the maximum amount, in milligrams, of permitted sweetener per kilogram or, as the case may be, per litre of that food which is ready to eat having been prepared according to any instructions for use;

d

in Column 4, “quantum satis” means that no maximum level of permitted sweetener in or on a corresponding food is specified but that in or on such food a permitted sweetener may be used in accordance with good manufacturing practice at a level not higher than is necessary to achieve the intended purpose and provided that such use does not mislead the consumer.

Sale and use of sweeteners3

1

Subject to regulation 4, no person shall sell any sweetener which is intended—

a

for sale to the ultimate consumer, or

b

for use in or on any food,

other than a permitted sweetener.

2

No person shall use in or on any food any sweetener other than a permitted sweetener.

3

Subject to paragraph (4) below, no person shall use any permitted sweetener in or on any food listed in Column 3 of Schedule 1 other than a permitted sweetener listed in relation to that food in Column 2 of Schedule 1 in an amount not exceeding the maximum usable dose for such permitted sweetener in or on such food as listed in Column 4 of Schedule 1.

4

No person shall use any permitted sweetener in or on any food for infants or young children as specified in Council Directive 89/398/EEC4 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses.

Sale of table-top sweeteners4

No person shall sell any table-top sweetener unless—

a

it contains no sweetener other than a permitted sweetener, and

b

it is marked or labelled—

i

with the description “x-based table-top sweetener”, substituting for x the name of any permitted sweetener which it contains,

ii

where it contains polyols, with the warning “excessive consumption may induce laxative effects”, and

iii

where it contains aspartame, with the warning “contains a source of phenylalanine”.

Sale of food containing sweeteners5

No person shall sell any food having in it or on it any added sweetener other than a permitted sweetener which has been used in or on that food without contravening any of the provisions of paragraphs (2), (3) and (4) of regulation 3.

Condemnation of food6

Where any food is certified by a food analyst as being food which it is an offence against these Regulations to sell, that food may be treated for the purposes of section 9 of the Act (under which food may be seized and destroyed on the order of a justice of the peace) as failing to comply with food safety requirements, and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.

Offences, penalties and enforcement7

1

If any person contravenes or fails to comply with any of the provisions of these Regulations he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

2

Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

3

Subject to paragraph (4) below, each food authority shall enforce and execute these Regulations in its area.

4

In this regulation “food authority” does not include—

a

the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change;

b

until 1st April 1996, the council of a district in Wales; or

c

the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).

Defence in relation to exports8

In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove—

a

that the food or, as the case may be, sweetener in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that such food or sweetener complies with that legislation; and

b

in the case of export to another member State, that the legislation complies with Council Directive 89/107/EEC5 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption, Directive 94/35/EC and Directive 95/31/EC.

Application of various provisions of the Food Safety Act 19909

The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations—

a

section 2 (extended meaning of “sale” etc.);

b

section 3 (presumption that food intended for human consumption);

c

section 20 (offences due to fault of another person);

d

section 21 (defence of due diligence);

e

section 22 (defence of publication in the course of business);

f

section 30(8) (which relates to documentary evidence);

g

section 33 (obstruction etc. of officers);

h

section 36 (offences by bodies corporate);

i

section 44 (protection of officers acting in good faith).

Revocations and amendments10

1

The Regulations specified in Columns 1 and 2 of Schedule 2 shall be revoked to the extent specified in Column 3 of that Schedule.

2

In paragraph (1) of regulation 2 (interpretation) of both the Jam and Similar Products Regulations 19816 and the Jam and Similar Products (Scotland) Regulations 19817, for the definition of “permitted sweetener” there shall be substituted the following definition—

  • “permitted sweetener” means any sweetener in so far as its use is permitted by the Sweeteners in Food Regulations 1995;

3

In the definition of “additive” in paragraph (1) of regulation 2 (interpretation) of both—

a

the Meat Products and Spreadable Fish Products Regulations 19848, for the words “the Sweeteners in Food Regulations 1983”, and

b

the Meat Products and Spreadable Fish Products (Scotland) Regulations 19849, for the words “the Sweeteners in Food (Scotland) Regulations 1983”,

there shall be substituted, in each case, the words “the Sweeteners in Food Regulations 1995”.

4

In the Food Additives Labelling Regulations 199210, in Part II of Schedule 1 (categories of food additives), in subparagraph (n), for the date “1983” there shall be substituted the date “1995”.

Transitional provision and exemption11

1

In any proceedings for an offence against these Regulations it shall be a defence to prove that—

a

i

the act was committed before 30th June 1996, or

ii

the act was that of selling a sweetener or a food which, in either case, was put on the market or labelled before 30th June 1996; and

b

the matters constituting the offence would not have constituted an offence under any Regulations now revoked or amended by these Regulations if those Regulations had been in operation (in the case of Regulations now being amended, as if such amendments had not been made) when the act was committed or the sweetener or, as the case may be, the food was put on the market or labelled.

2

These Regulations shall not apply to any sweetener or, as the case may be, food which—

a

is brought into Great Britain before 30th June 1996 from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and

b

is suitably labelled to give the nature of the sweetener or, as the case may be, the food.

3

For the purpose of paragraph (2) above, “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.

Angela BrowningParliamentary Secretary, Ministry of Agriculture, Fisheries and Food

Signed by authority of the Secretary of State for Health:

CumberlegeParliamentary Under Secretary of State,Department of Health

Signed by authority of the Secretary of State for Wales:

Rod RichardsParliamentary Under Secretary of State, Welsh Office
LindsayParliamentary Under Secretary of State, Scottish Office

SCHEDULE 1PERMITTED SWEETENERS AND THE FOODS IN OR ON WHICH THEY MAY BE USED

Regulations 2(1) and (3) and 3(3)

Column 1

Column 2

Column 3

Column 4

ECNo.

Permitted sweetener

Foods in or on which permitted sweeteners may be used

Maximum usable dose

Desserts and similar products

{

–Water-based flavoured desserts, energy-reduced or with no added sugar

}

{

–Milk and milk-derivative-based preparations, energy-reduced or with no added sugar

}

{

–Fruit and vegetable-based desserts, energy-reduced or with no added sugar

}

E 420

Sorbitol {

  1. i

    Sorbitol

  2. ii

    Sorbitol syrup

–Egg-based desserts, energy-reduced or with no added sugar

}

E 421

Mannitol {

–Cereal-based desserts, energy-reduced or with no added sugar

}

E 953

Isomalt {

–Breakfast cereals or cereal-based products, energy reduced or with no added sugar

} quantum satis

E 965

Maltitol {

  1. i

    Maltitol

  2. ii

    Maltitol syrup

–Fat-based desserts, energy-reduced or with no added sugar

}

E 966

Lactitol {

–Edible ices, energy-reduced or with no added sugar

}

E 967

Xylitol {

–Jams, jellies, marmalades and crystallized fruit, energy-reduced or with no added sugar

}

{

–Fruit preparations, energy-reduced or with no added sugar, with the exception of those intended for the manufacture of fruit-juice-based drinks

}

Confectionery

{

–Confectionery with no added sugar

}

{

–Dried-fruit-based confectionery, energy-reduced or with no added sugar

}

{

–Starch-based confectionery, energy-reduced or with no added sugar

}

{

–Chewing gum with no added sugar

}

Miscellaneous

E420

{

–Cocoa-based products, energy-reduced or with no added sugar

}

E 421

{

–Cocoa-, milk-, dried fruitor fat-based sandwich spreads, energy-reduced or with no added sugar

}

E 953

E 965

{

–Sauces

} quantum satis

E 966

{

–Mustard

}

E 967 (cont'd)

{

–Fine bakery products, energy-reduced or with no added sugar

}

{

–Products intended for particular nutritional uses

}

{

–Solid food supplements/dietary integrators

}

E 950

Acesulfame K

Non-alcoholic drinks

–Water-based flavoured drinks, energy-reduced or with no added sugar

350 mg/l

–Milkand milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar

350 mg/l

Desserts and similar products

–Water-based flavoured desserts, energy-reduced or with no added sugar

350 mg/kg

–Milk and milk-derivative-based preparations, energy-reduced or with no added sugar

350 mg/kg

–Fruit and vegetable-based desserts, energy-reduced or with no added sugar

350 mg/kg

–Egg-based desserts, energy-reduced or with no added sugar

350 mg/kg

–Cereal-based desserts, energy-reduced or with no added sugar

350 mg/kg

–Fat-based desserts, energy-reduced or with no added sugar

350 mg/kg

Confectionery

–Confectionery with no added sugar

500 mg/kg

–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar

500 mg/kg

–Starch-based confectionery, energy-reduced or with no added sugar

1000 mg/kg

–Chewing gum with no added sugar

2000 mg/kg

Miscellaneous

–“Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts

350 mg/kg

–Cocoa-, milk-, dried-fruitor fat-based sandwich spreads, energy-reduced or with no added sugar

1000 mg/kg

–Cider and perry

350 mg/l

–Alcohol-free beer or with an alcohol content not exceeding 1.2% vol

350 mg/l

–“Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”

350 mg/l

–Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH

350 mg/l

–Brown beers of the “oud bruin” type

350 mg/l

–Edible ices, energy-reduced or with no added sugar

800 mg/kg

–Canned or bottled fruit, energy-reduced or with no added sugar

350 mg/kg

–Energy-reduced jams, jellies and marmalades

1000 mg/kg

–Energy-reduced fruit and vegetable preparations

350 mg/kg

–Sweet-sour preserves of fruit and vegetables

200 mg/kg

–Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs

200 mg/kg

–Sauces

350 mg/kg

–Mustard

350 mg/kg

–Fine bakery products for special nutritional uses

1000 mg/kg

–Complete formulae for weight control intended to replace total daily food intake or an individual meal

450 mg/kg

–Complete formulae and nutritional supplements for use under medical supervision

450 mg/kg

–Liquid food supplements/dietary integrators

350 mg/l

–Solid food supplements/dietary integrators

500 mg/kg

–Vitamins and dietary preparations

2000 mg/kg

E951

Aspartame

Non-alcoholic drinks

–Water-based flavoured drinks, energy-reduced or with no added sugar

600 mg/l

–Milk and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar

600 mg/l

Desserts and similar products

–Water-based flavoured desserts, energy-reduced or with no added sugar

1000 mg/kg

–Milkand milk-derivative-based preparations, energy-reduced or with no added sugar

1000 mg/kg

–Fruitand vegetable-based desserts, energy-reduced or with no added sugar

1000 mg/kg

–Egg-based desserts, energy-reduced or with no added sugar

1000 mg/kg

–Cereal-based desserts, energy-reduced or with no added sugar

1000 mg/kg

–Fat-based desserts, energy-reduced or with no added sugar

1000 mg/kg

Confectionery

–Confectionery with no added sugar

1000 mg/kg

–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar

2000 mg/kg

–Starch-based confectionery, energy-reduced or with no added sugar

2000 mg/kg

–Chewing gum with no added sugar

5500 mg/kg

Miscellaneous

–“Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts

500 mg/kg

–Cocoa-, milk-, dried-fruitor fat-based sandwich spreads, energy-reduced or with no added sugar

1000 mg/kg

–Cider and perry

600 mg/l

–Alcohol-free beer or with an alcohol content not exceeding 1.2% vol

600 mg/l

–“Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”

600 mg/l

–Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH

600 mg/l

–Brown beers of the “oud bruin” type

600 mg/l

–Edible ices, energy-reduced or with no added sugar

800 mg/kg

–Canned or bottled fruit, energy-reduced or with no added sugar

1000 mg/kg

–Energy-reduced jams, jellies and marmalades

1000 mg/kg

–Energy-reduced fruit and vegetable preparations

1000 mg/kg

–Sweet-sour preserves of fruit and vegetables

300 mg/kg

–Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs

300 mg/kg

–Sauces

350 mg/kg

–Mustard

350 mg/kg

–Fine bakery products for special nutritional uses

1700 mg/kg

–Complete formulae for weight control intended to replace total daily food intake or an individual meal

800 mg/kg

–Complete formulae and nutritional supplements for use under medical supervision

1000 mg/kg

–Liquid food supplements/dietary integrators

600 mg/kg

–Solid food supplements/dietary integrators

2000 mg/kg

–Vitamins and dietary preparations

5500 mg/kg

E 952

Cyclamic acid and its Na and Ca salts11

Non-alcoholic drinks

–Water-based flavoured drinks, energy-reduced or with no added sugar

400 mg/l

–Milk and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar

400 mg/l

Desserts and similar products

–Water-based flavoured desserts, energy-reduced or with no added sugar

250 mg/kg

–Milk and milk-derivative-based preparations, energy-reduced or with no added sugar

250 mg/kg

–Fruit and vegetable-based desserts, energy-reduced or with no added sugar

250 mg/kg

–Egg-based desserts, energy-reduced or with no added sugar

250 mg/kg

–Cereal-based desserts, energy-reduced or with no added sugar

250 mg/kg

–Fat-based desserts, energy-reduced or with no added sugar

250 mg/kg

Confectionery

–Confectionery with no added sugar

500 mg/kg

–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar

500 mg/kg

–Starch-based confectionery, energy-reduced or with no added sugar

500 mg/kg

–Chewing gum with no added sugar

1500 mg/kg

Miscellaneous

–Cocoa-, milk-, dried-fruitor fat-based sandwich spreads, energy-reduced or with no added sugar

500 mg/kg

–Edible ices, energy-reduced or with no added sugar

250 mg/kg

–Canned or bottled fruit, energy-reduced or with no added sugar

1000 mg/kg

–Energy-reduced jams, jellies and marmalades

1000 mg/kg

–Energy-reduced fruit and vegetable preparations

250 mg/kg

–Fine bakery products for special nutritional uses

1600 mg/kg

–Complete formulae for weight control intended to replace total daily food intake or an individual meal

400 mg/kg

–Complete formulae and nutritional supplements for use under medical supervision

400 mg/kg

–Liquid food supplements/dietary integrators

400 mg/kg

–Solid food supplements/dietary integrators

500 mg/kg

E 954

Saccharin and its Na, K and Ca salts12

Non-alcoholic drinks

–Water-based flavoured drinks, energy-reduced or with no added sugar

80 mg/l

–Milk and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar

80 mg/l

–“Gaseosa”: non-alcoholic water-based drink with added carbon dioxide, sweeteners and flavourings

100 mg/l

Desserts and similar products

–Water-based flavoured desserts, energy-reduced or with no added sugar

100 mg/kg

–Milk and milk-derivative-based preparations, energy-reduced or with no added sugar

100 mg/kg

–Fruit and vegetable-based desserts, energy-reduced or with no added sugar

100 mg/kg

–Egg-based desserts, energy-reduced or with no added sugar

100 mg/kg

–Cereal-based desserts, energy-reduced or with no added sugar

100 mg/kg

–Fat-based desserts, energy-reduced or with no added sugar

100 mg/kg

Confectionery

–Confectionery with no added sugar

500 mg/kg

–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar

500 mg/kg

–Starch-based confectionery, energy-reduced or with no added sugar

300 mg/kg

–Chewing gum with no added sugar

1200 mg/kg

Miscellaneous

–“Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts

100 mg/kg

–Essoblaten

800 mg/kg

–Cocoa-, milk-, dried-fruitor fat-based sandwich spreads, energy-reduced or with no added sugar

200 mg/kg

–Cider and perry

80 mg/l

–Alcohol-free beer or with an alcohol content not exceeding 1.2% vol

80 mg/1

–“Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”

80 mg/1

–Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH

80 mg/1

–Brown beers of the “oud bruin” type

80 mg/1

–Edible ices, energy-reduced or with no added sugar

100 mg/kg

–Canned or bottled fruit, energy-reduced or with no added sugar

200 mg/kg

–Energy-reduced jams, jellies and marmalades

200 mg/kg

–Energy-reduced fruit and vegetable preparations

200 mg/kg

–Sweet-sour preserves of fruit and vegetables

160 mg/kg

–Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs

160 mg/kg

–Sauces

160 mg/kg

–Mustard

320 mg/kg

–Fine bakery products for special nutritional uses

170 mg/kg

–Complete formulae for weight control intended to replace total daily food intake or an individual meal

240 mg/kg

–Complete formulae and nutritional supplements for use under medical supervision

200 mg/kg

–Liquid food supplements/dietary integrators

80 mg/kg

–Solid food supplements/dietary integrators

500 mg/kg

–Vitamins and dietary preparations

1200 mg/kg

E 957

Thaumatin

Confectionery

–Confectionery with no added sugar

50 mg/kg

–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar

50 mg/kg

–Chewing gum with no added sugar

50 mg/kg

Miscellaneous

–Vitamins and dietary preparations

400 mg/kg

E959

Neohesperidine DC

Non-alcoholic drinks

–Water-based flavoured drinks, energy-reduced or with no added sugar

30 mg/l

–Milk and milk-derivative-based drinks, energy-reduced or with no added sugar

50 mg/l

–Fruit-juice-based drinks, energy-reduced or with no added sugar

30 mg/l

Desserts and similar products

–Water-based flavoured desserts, energy-reduced or with no added sugar

50 mg/kg

–Milk and milk-derivative-based preparations, energy-reduced or with no added sugar

50 mg/kg

–Fruit and vegetable-based desserts, energy-reduced or with no added sugar

50 mg/kg

–Egg-based desserts, energy-reduced or with no added sugar

50 mg/kg

–Cereal-based desserts, energy-reduced or with no added sugar

50 mg/kg

–Fat-based desserts, energy-reduced or with no added sugar

50 mg/kg

Confectionery

–Confectionery with no added sugar

100 mg/kg

–Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar

100 mg/kg

–Starch-based confectionery, energy-reduced or with no added sugar

150 mg/kg

–Chewing gum with no added sugar

400 mg/kg

Miscellaneous

–Cocoa-, milk-, dried-fruitor fat-based sandwich spreads, energy-reduced or with no added sugar

50 mg/kg

–Cider and perry

20 mg/l

–Alcohol-free beer or with an alcohol content not exceeding 1.2% vol

10 mg/l

–“Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”

10 mg/l

–Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH

10 mg/l

–Brown beers of the “oud bruin” type

10 mg/l

–Edible ices, energy-reduced or with no added sugar

50 mg/kg

–Canned or bottled fruit, energy-reduced or with no added sugar

50 mg/kg

–Energy-reduced jams, jellies and marmalades

50 mg/kg

–Sweet-sour preserves of fruit and vegetables

100 mg/kg

–Energy-reduced fruit and vegetable preparations

50 mg/kg

–Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs

30 mg/kg

–Sauces

50 mg/kg

–Mustard

50 mg/kg

–Fine bakery products for special nutritional uses

150 mg/kg

–Complete formulae for weight control intended to replace total daily food intake or an individual meal

100 mg/kg

–Liquid food supplements/dietary integrators

50 mg/kg

–Solid food supplements/dietary integrators

100 mg/kg

SCHEDULE 2REVOCATIONS

Regulation 10(1)

Column 1

Column 2

Column 3

Regulations revoked

References

Extent of revocation

The Sweeteners in Food Regulations 1983

S.I. 1983/1211

the whole Regulations

The Sweeteners in Food (Scotland) Regulations 1983

S.I. 1983/1497

the whole Regulations

The Food (Revision of Penalties) Regulations 1985

S.I. 1985/67

in Part I of the Schedule, the reference to the Sweeteners in Food Regulations 1983

The Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 1985

S.I. 1985/1068

in Schedule 1, the reference to the Sweeteners in Food (Scotland) Regulations 1983

The Sweeteners in Food (Scotland) Amendment Regulations 1988

S.I. 1988/2084

the whole Regulations

The Sweeteners in Food (Amendment) Regulations 1988

S.I. 1988/2112

the whole Regulations

The Food Safety (Exports) Regulations 1991

S.I. 1991/1476

in Part I of Schedule 1, the reference to the Sweeteners in Food Regulations 1983, and in Schedule 2 the reference to the Sweeteners in Food (Scotland) Regulations 1983

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, come into force on 1st January 1996.

The Regulations implement European Parliament and Council Directive 94/35/EC (OJNo. L237, 10.9.94, p.3) on sweeteners for use in foodstuffs (which has to be read with Council Directive 89/107/EEC (OJNo. L40, 11.2.89, p.27) on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption) and Commission Directive 95/31/EC (OJNo. L178, 28.7.95, p.1) laying down specific criteria of purity concerning sweeteners for use in foodstuffs.

The principal provisions of the Regulations—

1

prohibit the sale of any sweetener intended either for sale to the ultimate consumer or for use in or on any food, other than a permitted sweetener (regulation 3(1));

2

prohibit the use of any sweetener in or on any food, other than for certain foods in which only specified permitted sweeteners may be used in accordance with conditions contained in the Regulations (regulation 3(2) and (3) and Schedule 1);

3

prohibit the use of any sweetener in or on foods for infants and young children specified in Council Directive 89/398/EEC (OJNo. L186, 30.6.89, p.27) on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (regulation 3(4));

4

prohibit the sale of table-top sweeteners unless they contain no sweetener other than a permitted sweetener and are labelled in accordance with the Regulations (regulation 4);

5

prohibit the sale of any food containing any added sweetener other than a permitted sweetener used in or on it in accordance with the Regulations (regulation 5).

The Regulations also—

a

make provision in relation to the condemnation of food (regulation 6);

b

create offences, prescribe a penalty and provide for the Regulations to be enforced by food authorities (regulation 7);

c

provide a defence in relation to exports, in implementation of Articles 2 and 3 of Council Directive 89/397/EEC (OJNo. L186, 30.6.89, p.23) on the official control of foodstuffs, as read with the ninth recital to that Directive (regulation 8);

d

incorporate specified provisions of the Food Safety Act 1990 (regulation 9);

e

revoke the Regulations specified in Schedule 2 to the extent specified in that Schedule, and make consequential amendments (regulation 10);

f

contain a transitional provision and exemption (regulation 11).

A Compliance Cost Assessment of the effect that these Regulations would have on the cost of business is available from Branch A of the Additives and Novel Foods Division of the Ministry of Agriculture, Fisheries and Food, Ergon House, c/o Nobel House, 17 Smith Square, London SW1P 3JR.