The Miscellaneous Food Additives and the Sweeteners in Food (Amendment) (England) Regulations 2007

Title, commencement and application

1.  These Regulations may be cited as the Miscellaneous Food Additives and the Sweeteners in Food (Amendment) (England) Regulations 2007, come into force on 25th July 2007 and apply in relation to England only.

Amendments to the Miscellaneous Food Additives Regulations 1995

2.  The Miscellaneous Food Additives Regulations 1995(1) (“the Additives Regulations”) are amended in accordance with regulations 3 to 13 below.

3.  In paragraph (1) of regulation 2 (interpretation) —

(a) In the definition of “carrier” and “carrier solvent”, after “miscellaneous additive,” insert “flavouring,” ;

(b) in the definition of “Directive 95/2/EC” for the expression “and European Parliament and Council Directive 2003/114/EC” substitute “, European Parliament and Council Directive 2003/114/EC(2) and European Parliament and Council Directive 2006/52/EC(3);”;

(c) in the definition of “Directive 96/77/EC”, for the expression “and Commission Directive 2004/45/EC” substitute “, Commission Directive 2004/45/EC and Commission Directive 2006/129/EC(4);”; and

(d) after the definition of “food additive” insert the following definition —

“”food supplement” means a foodstuff the purpose of which is to supplement the normal diet and which is a concentrated source of vitamins or minerals or other substances with a nutritional or physiological effect, alone or in combination, marketed in dose form such as capsules, pastilles, tablets, pills and other similar forms, sachets of powder, ampoules of liquids, drop-dispensing bottles, and other similar forms of liquids and powders designed to be taken in measured small unit quantities;”.

4.  In regulation 11 (transitional provision and exemptions), after paragraph (1F), insert the following paragraph —

“(1G) In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that —

(a) the food additive or food concerned was put on the market or labelled before 15th August 2008; and

(b) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulation 5(a), 6(a), 6(b) and (d), or 8 of the Miscellaneous Food Additives and the Sweeteners in Food (Amendment) (England) Regulations 2007 had not been made when the food additive or food was placed on the market or labelled.”.

5.  In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8) —

(a) as Note (5) add the following —

“(5) The substances E400, E401, E402, E403, E404, E406, E407, E407a, E410, E412, E413, E414, E415, E417, E418 and E440 may not be used in jelly cups, defined for the purpose of these Regulations as jelly confectionery of a firm consistency, contained in semi-rigid mini-cups or mini-capsules, intended to be ingested in a single bite by exerting pressure on the mini-cup or mini-capsule so as to project the confectionery into the mouth.”;

(b) after the entry relating to E461 insert the following —

E 462

Ethyl cellulose

6.  In Schedule 2 (conditionally permitted preservatives and antioxidants) part A (sorbates, benzoates and p-hydroxybenzoates) —

(a) omit the entries for E 216 Propyl p-hydroxybenzoate and E 217 Sodium propyl p-hydroxybenzoate in the first table;

(b) omit the entries for “Shrimps, cooked” and “Crayfish tails, cooked and pre-packed marinated cooked molluscs” in the second table;

(c) in the first column (entitled “Food”) of the second table, for the words “Dietetic foods intended for special medical purposes” substitute “Dietary foods for special medical purposes as defined in Directive 1999/21/EC(5)”;

(d) add the following entries to the second table at the end:

“Crustaceans and molluscs, cooked		1000		2000
Food supplements supplied in liquid form				2000”

7.  In Schedule 2 Part B (sulphur dioxide and sulphites), in the second table —

(a) for the entries relating to crustaceans and cephalopods substitute the following —

“Crustaceans and cephalopods:
fresh, frozen and deep frozen	150*
crustaceans, Panaeidae, Solenoceridae, Aristaeidae family:
— ≤ 80 units	150*
— > 80 units but ≤ 120 units	200*
— > 120 units	300*
cooked	50*
cooked crustaceans, Panaeidae, Solenoceridae, Aristaeidae family:
— ≤ 80 units	135*
— > 80 units but ≤ 120 units	180*
— > 120 units	270*
* In edible parts”

(b) for the expression “Starches (excluding starches for weaning foods, follow-on formulae and infant formulae)” substitute “Starches (excluding starches in infant formulae, follow-on formulae and processed cereal-based foods and baby foods)”;

(c) at the end of the table add the following entries —

“Salsicha fresca	450
Table grapes	10
Fresh lychees	10 (measured on edible parts)”

8.  In Schedule 2 Part C (other preservatives) the table relating to E 249, E 250, E 251 and E 252 is replaced by the table set out in Schedule 1 to these Regulations.

9.  In Schedule 2 Part D (other antioxidants) the table is replaced by the table set out in Schedule 2 to these Regulations.

10.  In Schedule 3 (other permitted miscellaneous additives)—

(a) in the entry relating to E385 in the third and fourth columns (entitled respectively “Food” and “Maximum level”) add the following entries —

“Libamáj, egézben és tömbben

250 mg/kg”

(b) after the entry relating to E 967 insert the following —

E 968	Erythritol	Food in general (except drinks and those foods referred to in Article 2(3) of Directive 95/2/EC	quantum satis
		Frozen and deep-frozen unprocessed fish, crustaceans, molluscs and cephalopods	quantum satis
		Liqueurs	quantum satis
			For purposes other than sweetening

(c) after the entry relating to E 425 insert the following —

E 426	Soybean hemicellulose	Dairy-based drinks intended for retail sale	5 g/l
		Food supplements	1.5 g/l
		Emulsified sauces	30 g/l
		Pre-packaged fine bakery wares intended for retail sale	10 g/kg
		Pre-packaged ready-to-eat oriental noodles intended for retail sale	10 g/kg
		Pre-packaged ready-to-eat rice intended for retail sale	10 g/kg
		Pre-packaged processed potato and rice products (including frozen, deep-frozen, chilled and dried processed products) intended for retail sale	10 g/kg
		Dehydrated, concentrated, frozen and deep-frozen egg products	10 g/kg
		Jelly confectionery, except jelly mini-cups	10 g/kg

(d) in the third column of the entry relating to E 468, for the expression “Solid dietary supplements” substitute “Food supplements supplied in solid form”;

(e) in the third column of the entry relating to E 338 to E 452, for the expression “Dietary supplements” substitute “Food supplements”;

(f) in the third column of the entries relating to E 405, E 416, E 432 to E 436, E 473 and E 474, E 475, E 491 to E 495, E 551 to E 559 and E 901 to E 904, for the expression “Dietary food supplements” substitute “food supplements”;

(g) in the third column of the entries relating to E 1201 and E 1202, for the expression “Dietary food supplements in tablet and coated form” substitute “Food supplements in tablet and coated form”;

(h) in the third column of the entries relating to E 405, E 432 to E 436, E 473 and E 474, E 475, E 477, E 481 and E 482, and E 491 to E 495, for the expression “Dietetic foods intended for special medical purposes” substitute “Dietary foods for special medical purposes as defined in Directive 1999/21/EC”;

(i) in the fourth column of the entries relating to E 1505 to E 1520, after the expression “In the case of beverages,” insert the expression “with the exception of cream liqueurs,”;

(j) at the end of the table add the following entries —

“E 1204	Pullulan	Food supplements in capsule and tablet form	quantum satis
		Breath-freshening micro-sweets in the form of films	quantum satis
E 1452	Starch Aluminium Octenyl Succinate	Encapsulated vitamin preparations in food supplements	35 g/kg in food supplement”

11.  In Schedule 4 (permitted carriers and carrier solvents) —

(a) after the entry relating to E 967, in the first column insert “E 968” and in the second column opposite insert “Erythritol”;

(b) after the entry relating to E 461, in the first column insert “E 462” and in the second column opposite insert “Ethyl cellulose”;

(c) in the third column of the entry related to E 551 and E 552, add the expression “For E 551: in E 171 titanium dioxide and E 172 iron oxides and hydroxides (max. 90% relative to the pigment).”.

12.  In Schedule 7 (foods in which a limited number of miscellaneous additives listed in Schedule 1 may be used) —

(a) for the entry relating to ripened cheese, substitute the following —

“Ripened cheese	E 170 Calcium carbonate	quantum satis
	E 504 Magnesium carbonates
	E 509 Calcium chloride
	E 575 Glucono-delta-lactone
	E 500ii Sodium hydrogen carbonate	quantum satis (only for sour milk cheese)”

(b) in the entry relating to “pain courant français”, in the first column add the expression “Friss búzankenyér, fehér és félbarna kenyerek”;

(c) in the entry relating to “foie gras, foie gras entier, blocs de foie gras”, in the first column add the expression “Libamáj, libamáj egézben, libamáj tömbben”.

13.  In Schedule 8 (miscellaneous additives permitted in foods for infants and young children) —

(a) in paragraphs 1, 1A and 1B of the introductory notes, for the expression “weaning foods” substitute in each case the expression “processed cereal-based foods and baby foods”;

(b) in Part 3 (miscellaneous additives permitted in weaning foods for infants and young children in good health) —

(i) where it appears in the title and in the third column of the entries relating to E 170 to E 526, E 500 to E 503, E 338, E 410 to E 440, E 1404 to E 1450, and E 1451, for the expression “weaning foods” substitute “processed cereal-based foods and baby foods”; and

(ii) after the entry relating to E 472c insert the following entry —

“E 473

Sucrose esters of fatty acids

Products containing hydrolysed proteins, peptides and amino acids

120 mg/kg”

Amendments to the Sweeteners in Food Regulations 1995

14.—(1) The Sweeteners in Food Regulations 1995(6) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (interpretation) —

(a) in the definition of “Directive 94/35/EC”, for the expression “and by Directive 2003/115/EC” substitute “ and by European Parliament and Council Directives 2003/115/EC(7) and 2006/52/EC(8).”;

(b) in the definition of “Directive 95/31/EC”, for the expression “and by Directive 2004/46/EC” substitute “and by Directives 2004/46/EC and 2006/128/EC(9).”.

(3) In Schedule 1 (permitted sweeteners and the foods in or on which they may be used) —

(a) in column 1 after “E 967” add “E 968”; and

(b) in column 2 after “Xylitol” add “Erythritol”.

Signed by authority of the Secretary of State for Health

Caroline Flint

Minister of State

Department of Health

20th June 2007