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Statutory Instruments

1998 No. 141

FOOD

The Bread and Flour Regulations 1998

Made

22nd January 1998

Laid before Parliament

28th January 1998

Coming into force

19th February 1998

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), 18(1)(c), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990M1 and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of that Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the following Regulations:

Marginal Citations

M11990 c. 16; “the Ministers" is defined in section 4(1) of the Act. Section 6(4) of the Act was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40).

Title and commencementE+W+S

1.  These Regulations may be cited as the Bread and Flour Regulations 1998 and shall come into force on 19th February 1998.

InterpretationE+W+S

2.—(1) In these Regulations, unless the context otherwise requires—

  • “the Act" means the Food Safety Act 1990;

  • “bread" means a food of any size, shape or form which—

    (a)

    is usually known as bread, and

    (b)

    consists of a dough made from flour and water, with or without other ingredients, which has been fermented by yeast or otherwise leavened and subsequently baked or partly baked,

    but does not include buns, bunloaves, chapatis, chollas, pitta bread, potato bread or bread specially prepared for coeliac sufferers;

  • [F1“EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;]

  • [F2“EEA State" means a State which is a Contracting Party to the EEA Agreement; ]

  • “enzyme preparation" means any food additive which consists of one or more enzymes with or without the addition of supplementary material to facilitate the storage, sale, standardisation, dilution or dissolution of the enzyme or enzymes;

  • “flour" means the product which is derived from, or separated during, the milling or grinding of cleaned cereal whether or not the cereal has been malted or subjected to any other process, and includes meal, but does not include other cereal products, such as separated cereal bran, separated cereal germ, semolina or grits;

  • “flour bleaching agent" means any food additive primarily used to remove colour from flour;

  • [F3“flour treatment agent" means any food additive, other than an enzyme preparation, which is added to flour or dough to improve its baking quality;]

  • “food additive" has the meaning assigned to it by [F4Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives] [F5Article 3(2)(a) of Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives as last amended by Commission Regulation (EU) 2018/1497];

  • “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)

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

  • “ingredient" has the meaning assigned to it by [F6Article 2(2)(f) of Regulation (EU) No 1169/2011];

  • “labelling" has the meaning assigned to it by [F7Article 2(2)(j) of Regulation (EU) No 1169/2011];

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F10“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 [F11, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods];]

  • “sell" includes offer or expose for sale and includes have in possession for sale, and “sale" shall be construed accordingly.

  • [F12“third country” means any country, other than the United Kingdom, and includes—

    (a)

    the Bailiwick of Guernsey;

    (b)

    the Bailiwick of Jersey;

    (c)

    the Isle of Man.]

(2) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or Schedule to, specified regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.

Textual Amendments

F8Words in reg. 2(1) omitted (W.) (13.12.2014) by virtue of The Food Information (Wales) Regulations 2014 (S.I. 2014/2303), reg. 1(3), Sch. 7 para. 20(c); words in reg. 2(1) omitted (S.) (13.12.2014) by virtue of The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), Sch. 5 para. 5(a)(iii) (as read with S.S.I. 2015/410, regs. 1(2), 3(10)(c)); words in reg. 2(1) omitted (E.) (13.12.2014) by virtue of The Food Information Regulations 2014 (S.I. 2014/1855), Sch. 7 para. 20(c)

ExemptionsE+W+S

3.—(1) These Regulations, except in so far as they relate to advertising, shall not apply to any food which is not intended for sale for human consumption.

[F13(2)  These Regulations shall not apply in respect of—

(a)any bread brought into Great Britain from an EEA State in which it was lawfully produced and sold;

(b)any flour brought into Great Britain from a member State in which it was lawfully produced and sold;

(c)any bread or flour lawfully produced in another member State and brought into Great Britain from a member State in which it was lawfully sold;

(d)any bread or flour lawfully produced outside [F14the European Union] and brought into Great Britain from a member State in which it was in free circulation and lawfully sold,

which is suitably labelled to give the nature of the bread or flour. ]

[F13(2) These Regulations do not apply in respect of—

(a)any bread produced in England which is to be exported to a third country;

(b)any flour produced in England which is—

(i)to be exported to a third country, or

(ii)for use in the production of food that is to be exported to a third country;

(c)any flour imported into England from a third country (directly or indirectly) which—

(i)was lawfully produced and sold in that third country, and

(ii)is for use in England for the production of food that is to be exported to a third country,

which is suitably labelled to give the nature of the bread or flour.]

[F15(2) These Regulations do not apply in respect of—

(a)any bread produced in Scotland which is to be exported to a third country,

(b)any flour produced in Scotland which is—

(i)to be exported to a third country or

(ii)for use in the production of food that is to be exported to a third country,

(c)any flour imported into Scotland from a third country (directly or indirectly) which—

(i)was lawfully produced and sold in that third country, and

(ii)is for use in Scotland, for the production of food that is to be exported to a third country,

and is suitably labelled to describe the nature of the bread or flour.]

[F16(3) For the purposes of paragraph (2) above, “free circulation" has the same meaning as in [F17Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union].]

Textual Amendments

Composition of flourE+W+S

4.—(1) Subject to paragraph (2) below, flour derived from wheat and from no other cereal, whether or not mixed with other flour, shall contain the substances specified in column 1 of Schedule 1 in accordance with the proportions and conditions prescribed in column 2 of that Schedule and with Schedule 2.

(2) The requirements specified for item 1 in column 2 of Schedule 1 shall not apply in the case of—

(a)wholemeal flour,

(b)self-raising flour which has a calcium content of not less than 0.2 per cent, and

(c)wheat malt flour.

(3) The substances specified in items 2-4 of Schedule 1 shall, in the case of—

(a)wholemeal flour, be naturally present in the quantities specified in column 2 of that Schedule, and not added;

(b)flour other than wholemeal, be added where such addition is necessary in accordance with the conditions prescribed in column 2 of that Schedule.

(4) Subject to paragraph (5) below—

(a)no manufacturer of flour shall sell any flour which does not comply with this regulation; and

(b)no [F18importer of flour] [F18person] shall—

(i)[F19[F20import into Great Britain]] [F20import or move into England] [F19import or move into Scotland] any flour, or

(ii)sell any flour imported [F21or moved] by him,

which does not comply with this regulation.

(5) Paragraph (4) above shall not apply as respects any sale [F22[F23or importation into Great Britain]] [F22importation or movement into England] [F23importation or movement into Scotland] of flour for use in the manufacture of communion wafers, matzos, gluten, starch or any concentrated preparation for use for the purpose of facilitating the addition to flour of the substances referred to in Schedule 1.

Textual Amendments

Additional ingredientsE+W+S

5.—[F24(1) No person shall use as an ingredient in the preparation of flour or bread any flour bleaching agent.]

F25(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restrictions on the use of the words 'wholemeal’ and 'wheat germ’E+W+S

6.—(1) There shall not be used in the labelling or advertising of bread, as part of the name of the bread, whether or not qualified by other words—

(a)the word 'wholemeal’ unless all the flour used as an ingredient in the preparation of the bread is wholemeal;

(b)the word 'wheat germ’ unless the bread has an added processed wheat germ content of not less than 10 per cent calculated on the dry matter of the bread.

(2) No person shall sell or advertise for sale any bread in contravention of this regulation.

Offences and penaltiesE+W+S

7.—(1) If any person contravenes or fails to comply with regulation 4(4), 5 or 6(2) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

[F26(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. ]

[F27(3) Bread or flour which was, or would have been, exempted from these Regulations by virtue of regulation 3(2), as it had effect immediately before 22 February 2022, is not subject to these Regulations until 1 October 2022.]

Textual Amendments

EnforcementE+W+S

8.  Each food authority shall enforce and execute these Regulations in its area.

Defence in relation to exportsE+W+S

F289.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application of various sections of the ActE+W+S

10.  The following provisions of the Act shall apply for the purposes of these Regulations and unless the context otherwise requires any reference in them to the Act or Part thereof shall be construed as a reference to these Regulations—

(a)section 2 (extended meaning of 'sale’ etc.);

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

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

(d)section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;

(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 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by paragraph (g) above;

(i)section 36 (offences by bodies corporate); and

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

AmendmentsE+W+S

F2911.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RevocationsE+W+S

12.  The Regulations specified in column 1 of Schedule 4 are hereby revoked to the extent specified in column 3 of that Schedule.

Jeff Rooker

Minister of State, Ministry of Agriculture, Fisheries and Food

Signed by authority of the Secretary of State for Health

Tessa Jowell

Minister of State for Public Health,

Department of Health

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under Secretary of State, Welsh Office

Sewel

Parliamentary Under Secretary of State, Scottish Office

Regulation 4(1) to (3)

SCHEDULE 1E+W+S ESSENTIAL INGREDIENTS OF FLOUR

Column 1Column 2
SubstanceRequired quantity, in milligrams per hundred grams of flour, and conditions of use

1.Calcium carbonate

(a)not less than 235, and

(b)not more than 390,

(c)conforming to the following—

Description....................Fine white microcrystalline or amorphous powder
Content....................Not less than 97 per cent of CaCO3 on a volatile matter-free basis
Volatile matter....................Not more than 1 per cent (determined by drying at 105°C to constant weight)

Matter insoluble in hydrochloric acid

Shall comply with the requirement for aluminium, iron, phosphate and matter insoluble in hydrochloric acid in the monograph for chalk in the British Pharmacopoeia 1973 at page 93

Arsenic....................Not more than 5 mg per kg
Lead....................Not more than 20 mg per kg
Other inorganic impurities....................Not more than 100 mg per kg of any of the following substances, namely antimony, copper, chromium, zinc or barium sulphate, or more than 200 mg per kg of any combination of those substances
Particle size....................Not more than 0.1 per cent to remain on a sieve of nominal aperture size 150μm and not more than 0.2 per cent to remain on a sieve of nominal aperture size 63μm.
Column 1Column 2
SubstanceRequired quantity, in milligrams per hundred grams of flour, and conditions of use

2.Iron

(a)not less than 1.65

(b)in the form of any, or any combination of two or more, of the following—

(i)ferric ammonium citrate conforming to the criteria in the monograph for ferric ammonium citrate contained in the British Pharmacopoeia 1973 at page 201;

(ii)green ferric ammonium citrate conforming to the criteria for ammonium ferric citrate contained in the British Pharmaceutical Codex 1973 at page 194;

(iii)ferrous sulphate conforming to the criteria in the monograph for ferrous sulphate contained in the British Pharmacopoeia 1988 at page 245;

(iv)dried ferrous sulphate conforming to the criteria in the monograph for dried ferrous sulphate contained in the British Pharmacopoeia 1988 at page 245;

(v)iron powder conforming to the description, specification and requirements contained in Schedule 2.

3.Thiamin (Vitamin B1)

(a)not less than 0.24

(b)in a form conforming to the criteria in the monograph for thiamine hydrochloride contained in the British Pharmacopoeia 1980 at page 451.

4.Nicotinic acid

(a)not less than 1.60

(b)in a form conforming to the criteria in the monograph for nicotinic acid contained in the British Pharmacopoeia 1973 at page 318

or

Nicotinamide

(a)not less than 1.60

(b)in a form conforming to the criteria in the monograph for nicotinamide contained in the British Pharmacopoeia 1980 at page 303.

Regulation 4(1)

SCHEDULE 2E+W+S SPECIFICATION FOR IRON POWDER

DefinitionE+W+S

Iron powder shall consist essentially of finely-divided metallic iron containing not less than 90 per cent by weight of iron and conform to the following requirements.

Chemical nameIron
SymbolFe

DescriptionE+W+S

Fine greyish-black powder of such granularity that not more than 0.1 per cent by weight shall remain on a British Standard 410:1969 wire sieve nominal aperture size 150μm and not more than 5 per cent by weight on a British Standard 410:1969 wire sieve nominal aperture size 53μm.

AssayE+W+S

Accurately weigh 0.25 g of sample into a stoppered flask. Add a hot solution of 1.25 g of copper sulphate pentahydrate in 20 ml of water and shake for ten minutes. Filter rapidly and wash the filter with water; acidify the mixed filtrate and washings with sulphuric acid, and titrate with N/10 potassium permanganate. Each ml of N/10 potassium permanganate is equivalent to 0.005585 g of iron.

SolubilityE+W+S

Not less than 95 per cent of the iron content when determined by the following method.

Accurately weigh 0.1 g of sample into a 750 ml conical flask. Add 450 ml 0.2 per cent weight in weight hydrocholoric acid previously warmed to 37°C. Stir continuously for three hours, maintaining the temperature at 37°C. Cool to room temperature and dilute to 500 ml with distilled water. Filter; determine the iron content of the filtrate by a suitable method. Calculate the total iron in solution as a percentage of the metallic iron content of the sample taken.

Regulation 5

F30SCHEDULE 3E+W+S INGREDIENTS PERMITTED IN FLOUR AND BREAD

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 12

SCHEDULE 4E+W+S REVOCATIONS

Column 1Column 2Column 3
Regulations RevokedReferencesExtent of Revocation
The Bread and Flour Regulations 1995S.I. 1995/3202The whole Regulations
The Food Labelling Regulations 1996S.I. 1996/1499Paragraph (22) of regulation 49
The Bread and Flour (Amendment) Regulations 1996S.I. 1996/1501The whole Regulations

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Bread and Flour Regulations 1995 (“the 1995 Regulations").

These Regulations—

(a)  provide for exemptions from the Regulations (regulation 3);E+W+S

(b)  require that wheat flour (subject to certain exceptions) be fortified with specified essential ingredients (regulation 4, Schedules 1 and 2);E+W+S

(c)  restrict the use of specified ingredients in the preparation of flour and bread and require that an indication of the presence of a flour treatment agent be given in the case both of prepacked and of non-prepacked bread (regulation 5, Schedule 3);E+W+S

(d)  reserve the names 'wholemeal’ and 'wheat germ’ for bread which complies with specified compositional requirements and prohibit the sale or advertising for sale using these names of bread which does not comply with the compositional requirements (regulation 6);E+W+S

(e)  create offences and prescribe penalties (regulation 7);E+W+S

(f)  specify the enforcement authorities (regulation 8);E+W+S

(g)  provide a defence in relation to exports in implementation of Article 2 and 3 of, as read with the ninth recital to, Council Directive 89/397/EEC (O.J. No. L186, 30.6.89, p. 23) on the official control of foodstuffs (regulation 9);E+W+S

(h)  apply various sections of the Food Safety Act 1990 (regulation 10); andE+W+S

(i)  amend and revoke specified Regulations (regulations 11 and 12).E+W+S

The British Pharmacopoeia 1973, 1980 and 1988 and the British Pharmaceutical Codex 1973, referred to in Schedule 1 may be inspected at the British Library Lending Division Boston Spa, Wetherby, West Yorks LS23 7BQ, Tel. 01937 546 060 and by appointment at the library of the Ministry of Agriculture, Fisheries and Food, 3 Whitehall Place, London SW1A 2HH, Tel. 0171-270 8419.

In addition the British Pharmacopoeia 1973, 1980 and 1988 may be inspected at the Erskine Medical Library, University of Edinburgh, Hugh Robson Building, George Square, Edinburgh EH8 9XE, Tel. 0131-650 3685. The British Pharmaceutical Codex 1973 may be inspected at the National Library of Scotland, the Lending Division, 33 Salisbury Place, Edinburgh EH9 1SL, Tel. 0131-226 4531 Ext. 3329.

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