# Colours in Food Regulations (Northern Ireland) 1996

S.R. 1996/49 · made 28 February 1996 · revised to 28 February 1996

These Regulations implement European Parliament and Council Directive 94/36/EC (O.J. No. L237, 10.9.94, p. 13) on colours for use in foodstuffs (which has to be read with Council Directive 89/107/EEC (O.J. No. 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 95/45/EC (O.J. No. L226, 22.9.95, p. 1) laying down specific criteria of purity concerning the colours for use in foodstuffs.

## Introductory text

FOOD
Made 28th February 1996
Coming into operation 22nd April 1996
The Department of Health and Social Services, and the Department of Agriculture being the Departments concerned in exercise of the powers conferred on them by Articles 15(1)(a), 16(1), 25(1) and (3), 26(3) and 47(2) of, and paragraph 1 of Schedule 1 to, the Food Safety (Northern Ireland) Order 1991 and of all other powers enabling them in that behalf and after consultation in accordance with Article 47(3) of that Order with such organisations as appear to them to be representative of interests likely to be substantially affected by these Regulations, hereby make the following Regulations:

## 1 Citation and commencement

These Regulations may be cited as the Colours in Food Regulations (Northern Ireland) 1996, and shall come into operation on 22nd April 1996.

## 2 Interpretation

(1) In these Regulations—
“colour” means a food additive which is used or intended to be used for the primary purpose of adding or restoring colouring in a food, and includes—
(a) any natural constituent of food and any natural source not normally consumed as food as such and not normally used as a characteristic ingredient of food, and
(b) any preparation obtained from food or from any other natural source material by, in either case—
(i) physical extraction,
(ii) chemical extraction, or
(iii) physical and chemical extraction
which results in the selective extraction of the pigment relative to the nutritive or aromatic constituent,
but does not include—
(aa) any food (including one in dried or concentrated form),
(bb) any flavouring,
used, in either case, in the manufacture of any compound food because of its aromatic, sapid or nutritive properties albeit that it may also be used secondarily to add or restore colouring to such compound food, and
(cc) any colour when it is used only for colouring any inedible external part of a food;
“Directive 94/36/EC” means European Parliament and Council Directive 94/36/EC on colours for use in foodstuffs;
“Directive 95/45/EC” means Commission Directive 95/45/EC laying down specific criteria of purity concerning colours for use in foodstuffs;
“food” means food sold, or intended for sale, for human consumption, and in regulation 8 and for the purposes of regulation 11 includes a colour;
“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;
“the Order” means the Food Safety (Northern Ireland) Order 1991;
“permitted colour” means any colour listed in Schedule 1 which satisfies the specific purity criteria for that colour set out in the annex to Directive 95/45/EC;
“processed” in relation to any food, means having undergone any treatment resulting in a substantial change in the original state of the food, but does not include dividing, parting, severing, boning, mincing, skinning, paring, peeling, grinding, cutting, cleaning, trimming, deep-freezing, freezing, chilling, milling, husking, packing or unpacking;
“sell” includes possess for sale, and offer, expose or advertise for sale;
“young children” means children aged between one and three years,
and other expressions used in these Regulations and in Directive 94/36/EC have the same meaning as they have in that Directive.
(2) Any reference in these Regulations to a Community instrument is a reference to it as amended, modified or otherwise adapted.
(3) Any reference in these Regulations to—
(a) a maximum level of permitted colour in or on a food is to the maximum amount, in milligrams, of colouring principle contained in that permitted colour per kilogram or, as the case may be, per litre of food which is ready to eat having been prepared according to any instructions for use;
(b) quantum satis, means that no maximum level of permitted colour in or on a corresponding food is specified but that in or on such food a permitted colour 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.

## 3 Use of colours in or on food

(1) No person shall use in or on any food any colour other than a permitted colour.
(2) No person shall use any permitted colour in or on any food listed in Schedule 2 except in accordance with paragraph (3)(a).
(3) Subject to paragraph (4) and to regulations 4, 5 and 6, no person shall use any permitted colour in or on any food unless—
(a) the food is one listed—
(i) in column 1 of Schedule 3, in which case there may be used in or on such food any permitted colour which is listed in relation to it in column 2 of Schedule 3 in an amount not exceeding the maximum level for such permitted colour in or on such food as listed in column 3 of Schedule 3;
(ii) in column 2 of Schedule 4, in which case there may be used in or on such food any permitted colour which is listed in relation to it in column 1 of Schedule 4 in an amount not exceeding the maximum level for such permitted colour in or on such food as listed in column 3 of Schedule 4; or
(iii) in Part III of Schedule 5, in which case there may be used in or on such food any of the permitted colours listed in Parts I and II of Schedule 5 in accordance with the conditions contained in that Schedule governing the use of such colours in or on such foods;
(b) the food is not listed in either Schedule 2 or in column 1 of Schedule 3, in which case there may be used in or on such food any one or more of the permitted colours listed in Part I of Schedule 5 up to an amount (in each case) of quantum satis.
(4) No person shall use any permitted colour listed in column 1 of Schedule 4 in or on any food other than the food or foods listed in relation to that permitted colour in column 2 of that Schedule.

## 4 Health marking etc. of certain meat and meat products

No person shall use any colour for the purpose of any health marking or any other marking required on any meat or meat product, other than the permitted colours—
(a) E 155 Brown HT;
(b) E 133 Brilliant Blue FCF;
(c) E 129 Allura Red AC; or
(d) an appropriate mixture of (b) and (c).

## 5 Use of colours on eggshells

No person shall use any colour for—
(a) the decorative colouring, or
(b) the stamping (as provided for in Regulation (EEC) No. 1274/91, introducing detailed rules for implementing Regulation (EEC) No. 1907/90 on certain marketing standards for eggs),
of eggshells, other than a permitted colour.

## 6 Use of colours in or on compound foods

(1) Subject to paragraph (3), any food in or on which a permitted colour is used without contravening any of the provisions of paragraphs (2), (3) and (4) of regulation 3 may itself be used as an ingredient in a compound food in or on which the use of such colour is not otherwise permitted, and the presence in or on that compound food of such colour as a result of its containing such an ingredient shall not constitute a contravention of any of the provisions of those paragraphs of regulation 3.
(2) There may be used in or on a food any permitted colour the use of which would otherwise constitute a contravention of any of the provisions of paragraphs (2), (3) and (4) of regulation 3, where such a food is destined to be used solely in the preparation of a compound food and the resulting presence in or on that compound food of such colour does not itself constitute a contravention of any of the provisions of those paragraphs of regulation 3.
(3) Paragraph (1) shall not apply in the case of any compound food listed in Schedule 2.

## 7 Sale of colours and food containing colours

(1) No person shall sell any colour for use in or on food unless such colour is a permitted colour.
(2) No person shall sell directly to the consumer any colour other than a specified permitted colour.
(3) For the purposes of paragraph (2), a “specified permitted colour” shall be any permitted colour other than—
(a) E 123 Amaranth;
(b) E 127 Erythrosine;
(c) E 128 Red 2G;
(d) E 154 Brown FK;
(e) E 160B Annatto, bixin, norbixin;
(f) E 161g Canthaxanthin;
(g) E 173 Aluminium; and
(h) E 180 Litholrubine BK.
(4) No person shall sell any food having in it or on it any added colour other than a permitted colour that has been used in or on that food without contravening any of the provisions of regulations 3, 4, 5 and 6.

## 8 Condemnation of food

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 Article 8 of the Order (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 Article 7(2) of the Order shall apply for the purposes of these Regulations as it applies for the purposes of the Order.

## 9 Offences, penalties and enforcement

(1) If any person contravenes 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) Subject to paragraph (3), these Regulations shall be enforced and executed by each district council within its district.
(3) The Department of Agriculture shall enforce and execute these Regulations in relation to milk in liquid milk plants.

## 10 Defence in relation to exports

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, the colour 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 colour complies with that legislation; and
(b) in the case of export to another member State, that the legislation complies with Council Directive 89/107/EEC on the approximation of the laws of the member States concerning food additives authorised for use in foodstuffs intended for human consumption, Directive 94/36/EC and Directive 95/45/EC.

## 11 Application of various provisions of the Order

The following provisions of the Order shall apply for the purposes of these Regulations as they apply for the purposes of Articles 7, 13 and 14 of the Order and any reference in them to the Order shall be construed as a reference to these Regulations:
(a) Articles 2(4) and 3 (extending meaning of “sale” etc.);
(b) Article 4 (presumptions that food intended for human consumption);
(c) Article 19 (offences due to fault of another person);
(d) Article 20 (defence of due diligence);
(e) Article 21 (defence of publication in the course of business);
(f) Article 30(8) (which relates to documentary evidence);
(g) Article 34 (obstruction, etc., of officers).

## 12 Revocations and amendments

(1) The Regulations and order specified in columns 1 and 2 of Schedule 6 shall be revoked to the extent specified in column 3 of that Schedule.
(2) In the Specified Sugar Products Regulations (Northern Ireland) 1976—
(a) in paragraph (3)(d) of regulation 5 (labelling and description of specified sugar products), for “colouring matter”, in both places where it occurs, there shall be substituted, in each case, “colour”;
(b) in sub-paragraph (b) of regulation 9 (permitted additional ingredients in specified sugar products), for “colouring matter”, in both cases where it occurs, there shall be substituted, in each case, “colour”.
(3) In the Jam and Similar Products Regulations (Northern Ireland) 1982—
(a) in paragraph (1) of regulation 2 (interpretation), for the definition of “permitted colouring matter” there shall be substituted—
““permitted colour” means any colour in so far as its use is permitted by the Colours in Food Regulations (Northern Ireland) 1996;”, and
(b) in Part III of Schedule 2 (permitted additional ingredients), for “permitted colouring matters” in column 1 there shall be substituted “permitted colours”.
(4) In the Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984, in paragraph (1) of regulation 2 (interpretation), in the definition of “additive”, for “the Colouring Matter in Food Regulations (Northern Ireland) 1973” there shall be substituted “the Colours in Food Regulations (Northern Ireland) 1996”.
(5) In the Food Additives Labelling Regulations (Northern Ireland) 1992, in Schedule 1 (categories of food additives)—
(a) in Part I (list of food additives), for item 1 there shall be substituted—
“1 Colour.”;
(b) in Part II (supplementary), for subparagraph (a) there shall be substituted—
“(a) “colour” means any substance which is a colour for the purposes of the Colours in Food Regulations (Northern Ireland) 1996;”.

## 13 Transitional provision and exemption

(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 colour 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 colour or, as the case may be, the food was put on the market or labelled.
(2) These Regulations shall not apply to any colour or, as the case may be, food which—
(a) is brought into Northern Ireland 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 colour or, as the case may be, the food.
(3) For the purpose of paragraph (2), “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.

## Signature

Sealed with the Official Seal of the Department of Health and Social Services on
L.S.
D. A. Baker
Assistant Secretary
28th February 1996.
Sealed with the Official Seal of the Department of Agriculture on
L.S.
P. T. Toal
Assistant Secretary
28th February 1996.

## Schedule 1 Permitted Colours

EC No.
Colour
Colour index No or description
Notes
Aluminium lakes prepared from colours listed in this Schedule are also permitted.
Colour index numbers are taken from the third edition 1982 of the Colour Index, volumes 1 to 7, 1315. Also amendments 37 to 40 (125), 41 to 44 (127-50), 45 to 48 (130), 49 to 52 (132-50), 53 to 56 (135).
The term caramel relates to products of a more or less intense brown colour which are intended for colouring. It does not correspond to the sugary aromatic product obtained from heating sugars and which is used for flavouring food (e.g. confectionery, pastry, alcoholic drinks).
E 100
Curcumin
75300
E 101
(i) Riboflavin
(ii) Riboflavin-5'-phosphate
E 102
Tartrazine
19140
E 104
Quinoline Yellow
47005
E 110
Sunset Yellow FCF Orange Yellow S
15985
E 120
Cochineal, Carminic acid, Carmines
75470
E 122
Azorubine, Carmoisine
14720
E 123
Amaranth
16185
E 124
Ponceau 4R, Cochineal Red A
16255
E 127
Erythrosine
45430
E 128
Red 2G
18050
E 129
Allura Red AC
16035
E 131
Patent Blue V
42051
E 132
Indigotine, Indigo carmine
73015
E 133
Brilliant Blue FCF
42090
E 140
Chlorophylls and
75810
Chlorophyllins:
(i) Chlorophylls
(ii) Chlorophyllins
75815
E 141
Copper complexes of chlorophylls and chlorophyllins:
(i) Copper complexes of chlorophylls
(ii) Copper complexes of chlorophyllins
75815
E 142
Green S
44090
E 150a
Plain caramel
E 150b
Caustic sulphite caramel
E 150c
Ammonia caramel
E 150d
Sulphite ammonia caramel
E 151
Brilliant Black BN, Black PN
28440
E 153
Vegetable carbon
E 154
Brown FK
E 155
Brown HT
20285
E 160a
Carotenes:
(i) Mixed carotenes
75130
(ii) Beta-carotene
40800
E 160b
Annatto, bixin, norbixin
75120
E 160c
Paprika extract, capsanthin, capsorubin
E 160d
Lycopene
E 160e
Beta-apo-8'-carotenal (C 30)
40820
E 160f
Ethyl ester of beta-apo-8'-carotenic acid (C 30)
40825
E 161b
Lutein
E 161g
Canthaxanthin
E 162
Beetroot Red, betanin
E 163
Anthocyanins
Prepared by physical means from fruits and vegetables
E 170
Calcium carbonate
77220
E 171
Titanium dioxide
77891
E 172
Iron oxides and hydroxides
77491
77492
77499
E 173
Aluminium
E 174
Silver
E 175
Gold
E180
Litholrubine BK

## Schedule 2: Foods which may not contain added colours, except where specifically provided for in Schedules 3, 4 or 5

## 1 

Unprocessed foodstuffs

## 2 

All bottled or packed waters

## 3 

Milk, semi-skimmed and skimmed milk, pasteurised or sterilised (including UHT sterilisation) (unflavoured)

## 4 

Chocolate milk

## 5 

Fermented milk (unflavoured)

## 6 

Preserved milks as mentioned in Directive 76/118/EEC

## 7 

Butter-milk (unflavoured)

## 8 

Cream and cream powder (unflavoured)

## 9 

Oils and fats of animal or vegetable origin

## 10 

Eggs and egg products as defined in Article 2(1) of Directive 89/437/EEC

## 11 

Flour and other milled products and starches

## 12 

Bread and similar products

## 13 

Pasta and gnocchi

## 14 

Sugar, including all mono- and disaccharides

## 15 

Tomato paste and canned and bottled tomatoes

## 16 

Tomato-based sauces

## 17 

Fruit juice and fruit nectar as mentioned in Directive 93/77/EEC and vegetable juice

## 18 

Fruit, vegetables (including potatoes) and mushrooms — canned, bottled or dried; processed fruit, vegetables (including potatoes) and mushrooms

## 19 

Extra jam, extra jelly, and chestnut purée as mentioned in Directive 79/693/EEC; crème de pruneaux

## 20 

Fish, molluscs and crustaceans, meat, poultry and game as well as their preparations, but not including prepared meals containing these ingredients

## 21 

Cocoa products and chocolate components in chocolate products as mentioned in Directive 73/241/EEC

## 22 

Roasted coffee, tea, chicory; tea and chicory extracts; tea, plant, fruit and cereal preparations for infusions, as well as mixes and instant mixes of these products

## 23 

Salt, salt substitutes, spices and mixtures of spices

## 24 

Wine and other products defined by Regulation (EEC) No. 822/87

## 25 

Korn, Kornbrand, fruit spirit drinks, fruit spirits, Ouzo, Grappa, Tsikoudia from Crete, Tsipouro from Macedonia, Tsipouro from Thessaly, Tsipouro from Tyrnavos, Eau de vie de marc Marque nationale luxembourgeoise, Eau de vie de seigle Marque nationale luxembourgeoise, London gin, as defined in Regulation (EEC) No. 1576/89

## 26 

Sambuca, Maraschino and Mistra as defined in Regulation (EEC) No. 1180/91

## 27 

Sangria, Clarea and Zurra as mentioned in Regulation (EEC) No. 1601/91

## 28 

Wine vinegar

## 29 

Foods for infants and young children as mentioned in Directive 89/398/EEC including foods for infants and young children not in good health

## 30 

Honey

## 31 

Malt and malt products

## 32 

Ripened and unripened cheese (unflavoured)

## 33 

Butter from sheep and goats' milk

## Schedule 3 Foods to which only certain permitted colours may be added

Column 1
Column 2
Column 3
Food
Permitted colour
Maximum level
Malt bread
E 150a Plain caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonia caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
Beer Cidre bouché
E 150a Plain caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonia caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
Butter (including reduced-fat butter and concentrated butter)
E 160a Carotenes
quantum satis
Margarine, minarine, other fat emulsions, and fats essentially free from water
E 160a Carotenes
quantum satis
E 100 Curcumin
quantum satis
E 160b Annatto, Bixin, Norbixin
10 mg/kg
Sage Derby cheese
E 140 Chlorophylls Chlorophyllins
quantum satis
E141 Copper complexes of chlorophylls and chlorophyllins
quantum satis
Ripened Orange, Yellow and broken- white cheese; unflavoured processed cheese
E 160a Carotenes
quantum satis
E 160c Paprika extract, Capsanthin, Capsorubin
quantum satis
E 160b Annatto, Bixin, Norbixin
15 mg/kg
Red Leicester cheese
E 160b Annatto, Bixin, Norbixin
50 mg/kg
Mimolette cheese
E 160b Annatto, Bixin, Norbixin
35 mg/kg
Morbier cheese
E 153 Vegetable carbon
quantun satis
Red marbled cheese
E 120 Cochineal, Carminic acid, Carmines
125 mg/kg
E 163 Anthocyanins
quantum satis
Vinegar
E 150a Plain caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonia caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
Whisky Whiskey, grain spirit, (other than Korn or Kornbrand or Eau de vie de seigle Marque nationale luxembourgeoise), wine spirit, rum, Brandy, Weinbrand, grape marc, grape marc spirit (other than Tsikoudia and Tsipouro and Eau de vie de marc Marque nationale luxembourgeoise), Grappa invecchiata, Bagaceira velha as mentioned in Regulation (EEC) No. 1576/89
E 150a Plain Caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonia caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
Aromatized wine- based drinks (except bitter soda) and aromatized wines as mentioned in Regulation (EEC) No. 1601/91
E 150a Plain caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonia caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
Americano
E 150a Plain caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonia caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
E 163 Anthocyanins
quantum satis
E 100 Curcumin
} 100 mg/l (individually or in combination)
E 101 (i) Riboflavin
(ii) Riboflav in-5'-phosphate
E 102 Tartrazine
E 104 Quinoline Yellow
E 120 Cochineal, Carminic acid, Carmines
E 122 Azorubine, Carmoisine
E 123 Amaranth
E 124 Ponceau 4R
Bitter soda, bitter vino as mentioned in Regulation (EEC) No. 1601/91
E 150a Plain caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonia caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
E 100 Curcumin
} 100 mg/l (individually or in combination)
E 101 (i) Riboflavin
(ii) Riboflavin-5'-phosphate
E 102 Tartrazine
E 104 Quinoline Yellow
E 110 Sunset Yellow FCF
Orange Yellow S
E 120 Cochineal, Carminic acid Carmines
E 122 Azorubine, Carmoisine
E 123 Amaranth
E 124 Ponceau 4R, Cochineal Red A
E 129 Allura Red AC
Liqueur wines and quality liqueur wines produced in specified regions
E 150a Plain caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonia caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
Vegetables in vinegar, brine or oil (excluding olives)
E 101 (i) Riboflavin
quantum satis
(ii) Riboflavin-5'-phosphate
E 140 Chlorophylls, Chlorophyllins
quantum satis
E 150a Plain caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonia caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
E 141 Copper complexes of chlorophylls and chlorophyllins
quantum satis
E 160a Carotenes:
(i) Mixed carotenes
quantum satis
(ii) Beta-carotene
E 162 Beetroot Red, betanin
quantum satis
E 163 Anthocyanins
quantum satis
Extruded, puffed and/or fruit-flavoured breakfast cereals
E 150c Ammonia caramel
quantum satis
E 160a Carotenes
quantum satis
E 160b Annatto, Bixin, Norbixin
25 mg/kg
E 160c Paprika extract, Capsanthin, Capsorubin
quantum satis
Fruit-flavoured breakfast cereals
E 120 Cochineal, Carminic acid Carmines
} 200 mg/kg (individually or in combination)
E 162 Beetroot Red, betanin
E 163 Anthocyanins
Jam, jellies and marmalades as mentioned in Directive 79/693/EEC and other similar fruit preparations including low calorie products
E 100 Curcumin
quantum satis
E 140 Chlorophylls and chlorophyllins
quantum satis
E 141 Copper complexes of chlorophylls and chlorophyllins
quantum satis
E 150a Plain caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonia caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
E 160a Carotenes:
(i) Mixed carotenes
quantum satis
(ii) Beta-carotene
E 160c Paprika extract, Capsanthin, Capsorubin
quantum satis
E 162 Beetroot Red, betanin
quantum satis
E 163 Anthocyanins
quantum satis
E 104 Quinoline Yellow
} 100 mg/kg (individually or in combination)
E 110 Sunset Yellow
E 120 Cochineal, Carminic acid, Carmines
E 124 Ponceau 4R, Cochineal Red A
E 142 Green S
E 160d Lypcopene
E 161b Lutein
Sausages, pâtés and terrines
E 100 Curcumin
20 mg/kg
E 120 Cochineal, Carminic acid, Carmines
100 mg/kg
E 150a Plain caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonium caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
E 160a Carotenes
20 mg/kg
E 160c Paprika extract, Capsanthin, Capsorubin
10 mg/kg
E 162 Beetroot Red, betanin
quantum satis
Luncheon meat
E 129 Allura Red
25 mg/kg
Breakfast sausages with a minimum cereal content of 6% Burger meat with a minimum vegetable and/or cereal content of 4%
E 129 Allura Red AC
25 mg/kg
E 120 Cochineal, Carminic acid, Carmines
100 mg/kg
E 128 Red 2G
20 mg/kg
E 150a Plain caramel
quantum satis
E 150b Caustic sulphite caramel
quantum satis
E 150c Ammonia caramel
quantum satis
E 150d Sulphite ammonia caramel
quantum satis
Chorizo sausage Salchichon
E 120 Cochineal, Carminic Acid, Carmines
200 mg/kg
E 124 Ponceau 4R, Cochineal Red A
250 mg/kg
Sobrasada
E 110 Sunset Yellow FCF
135 mg/kg
E 124 Ponceau 4R, Cochineal Red A
200 mg/kg
Pasturmas (edible external coating)
E 100 Curcumin
quantum satis
E 101 (i) Riboflavin
quantum satis
(ii) Riboflavin-5'-phosphate
E 120 Cochineal, Carminic acid, Carmines
quantum satis
Dried potato granules and flakes
E 100 Curcumin
quantum satis
Processed mushy and garden peas (canned)
E 102 Tatrazine
100 mg/kg
E 133 Brilliant Blue FCF
20 mg/kg
E 142 Green S
10 mg/kg

## Schedule 4 Colours permitted for use in certain foods only

Column 1
Column 2
Column 3
Permitted colour
Food
Maximum level
E 123 Amaranth
Americano
100 mg/l (but see the entry for Americano in Schedule 3)
Aperitif wines, spirit drinks including products with less than 15% alcohol by volume
30 mg/l
Bitter soda, bitter vino as mentioned in Regulation (EEC) No. 1601/91
100 mg/l (but see the entry for bitter soda, bitter vino in Schedule 3)
Fish roe
30 mg/kg
E 127 Erythrosine
Cocktail cherries and candied cherries
200 mg/kg
Bigarreaux cherries in syrup and in cocktails
150 mg/kg
E 128 Red 2G
Breakfast sausages with a minimum cereal content of 6%
Burger meat with a minimum vegetable and/or cereal content of 4%
} 20 mg/kg
E 154 Brown FK
Kippers
20 mg/kg
E 161g Canthaxanthin
Saucisses de Strasbourg
15 mg/kg
E 173 Aluminium
External coating of sugar confectionery for the decoration of cakes and pastries
quantum satis
E 174 Silver
External coating of confectionery
quantum satis
Decoration of chocolates
quantum satis
Liqueurs
quantun satis
E 175 Gold
External coating of confectionery
quantum satis
Decoration of chocolates
quantum satis
Liqueurs
quantum satis
E 180 Litholrubine BK
Edible cheese rind
quantum satis
E 160b Annatto, Bixin, Norbixin
Margarine, minarine, other fat emulsions, and fats essentially free from water
10 mg/kg
Decorations and coatings
20 mg/kg
Fine bakery wares
10 mg/kg
Edible ices
20 mg/kg
Liqueurs, including fortified beverages with less than 15% alcohol by volume
10 mg/l
Flavoured processed cheese
15 mg/kg
Ripened Orange, Yellow and broken-white cheese, Unflavoured processed cheese
15 mg/kg
Desserts
10 mg/kg
“Snacks”: dry, savoury potato, cereal or starch-based snack products:
— Extruded or expanded savoury snack products
20 mg/kg
— Other savoury snack products and savoury coated nuts
10 mg/kg
Smoked fish
10 mg/kg
Edible cheese rind and edible casings
20 mg/kg
Red Leicester cheese
50 mg/kg
Mimolette cheese
35 mg/kg
Extruded, puffed and/or fruit-flavoured breakfast cereals
25 mg/kg

## Schedule 5: Further permitted colours in certain foods

## I 

The following colours may be used, in each case at quantum satis, in foods listed in Part III of this Schedule and in any food other than one listed in Schedules 2 and 3.
E 101 (i) Riboflavin
(ii) Riboflavin-5'-phosphate
E 140 Chlorophylls and chlorophyllins
E 141 Copper complexes of chlorophylls and chlorophyllins
E 150a Plain caramel
E 150b Caustic sulphite caramel
E 150c Ammonia caramel
E 150d Sulphite ammonia caramel
E 153 Vegetable carbon
E 160a Carotenes
E 160c Paprika extract, capsanthin, capsorubin
E 162 Beetroot Red, betanin
E 163 Anthocyanins
E 170 Calcium carbonate
E 171 Titanium dioxide
E 172 Iron oxides and hydroxides

## II 

The following colours may be used singly or in combination in the foods listed in Part III of this Schedule, in each case up to the maximum level specified for such food. However, for non-alcoholic flavoured drinks, edible ices, desserts, fine bakery wares and confectionery, the colours may be used up to the limit indicated in Part III but the quantities of each of the colours E 110, E 122, E 124 and E 155 may not exceed 50 mg/kg or mg/l:
E 100 Curcumin
E 102 Tartrazine
E 104 Quinoline Yellow
E 110 Sunset Yellow FCF
Orange Yellow S
E 120 Cochineal, Carminic acid, Carmines
E 122 Azorubine, Carmoisine
E 124 Ponceau 4R, Cochineal Red A
E 129 Allura Red AC
E 131 Patent Blue V
E 132 Indigotine, Indigo carmine
E 133 Brilliant Blue FCF
E 142 Green S
E 151 Brilliant Black BN, Black PN
E 155 Brown HT
E 160d Lycopene
E 160e Beta-apo-8'-carotenal (C 30)
E 160f Ethyl ester of Beta-apo-8'-carotenic acid (C 30)
E 161b Lutein

## III 

Food
Maximum level
Non-alcoholic flavoured drinks
100 mg/l
Candied fruits and vegetables, Mostarda di frutta
200 mg/kg
Preserves of red fruits
200 mg/kg
Confectionery
300 mg/kg
Decorations and coatings
500 mg/kg
Fine bakery wares (e.g. viennoiserie, biscuits, cakes and wafers)
200 mg/kg
Edible ices
150 mg/kg
Flavoured processed cheese
100 mg/kg
Desserts including flavoured milk products
150 mg/kg
Sauces, seasoning (for example, curry powder, tandoori), pickles, relishes, chutney and piccalilli
500 mg/kg
Mustard
300 mg/kg
Fish paste and crustacean paste
100 mg/kg
Pre-cooked crustaceans
250 mg/kg
Salmon substitutes
500 mg/kg
Surimi
500 mg/kg
Fish roe
300 mg/kg
Smoked fish
100 mg/kg
“Snacks” dry, savoury potato, cereal or starch-based snack products:
— Extruded or expanded savoury snack products
200 mg/kg
— Other savoury snack products and savoury coated nuts
100 mg/kg
Edible cheese rind and edible casings
quantum satis
Complete formulae for weight control intended to replace total daily food intake or an individual meal
50 mg/kg
Complete formulae and nutritional supplements for use under medical supervision
50 mg/kg
Liquid food supplements/dietary integrators
100 mg/l
Solid food supplements/dietary integrators
300 mg/kg
Soups
50 mg/kg
Meat and fish analogues based on vegetable proteins
100 mg/kg
Spirituous beverages (including products less than 15% alcohol by volume) except any mentioned in Schedule 2 or 3
200 mg/l
Aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails as mentioned in Regulation (EEC) No. 1601/91, except any mentioned in Schedule 2 or 3
200 mg/l
Fruit wines (still or sparkling) Cider (except cidre bouché) and perry Aromatized fruit wines, cider and perry
200 mg/l

## Schedule 6 Revocations

Column 1
Column 2
Column 3
Regulations and order revoked
References
Extent of revocation
The Colouring Matter in Food Regulations (Northern Ireland) 1973
S.R. 1973 No. 466
The whole Regulations
The Colouring Matter in Food (Amendment) Regulations (Northern Ireland) 1975
S.R. 1975 No. 283
The whole Regulations
The Colouring Matter in Food (Amendment) Regulations (Northern Ireland) 1976
S.R. 1976 No. 382
The whole Regulations
The Colouring Matter in Food (Amendment) Regulations (Northern Ireland) 1979
S.R. 1979 No. 49
The whole Regulations
The Lead in Food Regulations (Northern Ireland) 1979
S.R. 1979 No. 407
In Schedule 2, the reference to the Colouring Matter in Food Regulations (Northern Ireland) 1973
The Food (Revision of Penalties and Mode of Trial) Regulations (Northern Ireland) 1987
S.R. 1987 No. 38
In Schedule 1, the reference to the Colouring Matter in Food Regulations (Northern Ireland) 1973
The Colouring Matter in Food (Amendment) Regulations (Northern Ireland) 1987
S.R. 1987 No. 471
The whole Regulations
The Food Safety (Northern Ireland) Order 1991 (Consequential Modifications) Order (Northern Ireland) 1991
S.R. 1991 No. 203
In Part I of Schedule 1 and in Schedules 2, 3, 5 and 6, the references to the Colouring Matter in Food Regulations (Northern Ireland) 1973
The Food Safety (Exports) Regulations (Northern Ireland) 1991
S.R. 1991 No. 344
In the Schedule, the reference to the Colouring Matter in Food Regulations (Northern Ireland) 1973
The Food Additives Labelling Regulations (Northern Ireland) 1992
S.R. 1992 No. 417
Regulation 7(1)

## Explanatory note

(This note is not part of the Regulations.)
These Regulations implement European Parliament and Council Directive 94/36/EC (O.J. No. L237, 10.9.94, p. 13) on colours for use in foodstuffs (which has to be read with Council Directive 89/107/EEC (O.J. No. 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 95/45/EC (O.J. No. L226, 22.9.95, p. 1) laying down specific criteria of purity concerning the colours for use in foodstuffs.
The principal provisions of the Regulations—
(1) prohibit the use of any colour in or on any food other than a permitted colour (regulation 3(1));
(2) prohibit the use of any permitted colour in or on any food, otherwise than in accordance with the Regulations (regulation 3(2), (3) and (4));
(3) prohibit the use of any colour other than certain permitted colours for the health marking etc. of certain meat and meat products (regulation 4);
(4) prohibit the use of any colour on eggshells other than a permitted colour (regulation 5);
(5) prohibit the sale for use in or on any food of any colour other than a permitted colour (regulation 7(1)); only certain permitted colours may be sold directly to consumers (regulation 7(2) and (3));
(6) prohibit the sale of any food containing any added colour other than a permitted colour used in or on it in accordance with the Regulations (regulation 7(4)).
The Regulations also—
(a) make provision in relation to compound foods (regulation 6);
(b) make provision in relation to the condemnation of food (regulation 8);
(c) create offences, prescribe a penalty and provide for the enforcement of the Regulations (regulation 9);
(d) provide a defence in relation to exports, in implementation of Articles 2 and 3 of Council Directive 89/397/EEC (O.J. No. L186, 30.6.89, p. 23) on the official control of foodstuffs, as read with the ninth recital to that Directive (regulation 10);
(e) incorporate specified provisions of the Food Safety (Northern Ireland) Order 1991 (regulation 11);
(f) revoke the Regulations and order specified in Schedule 6 to the extent specified in that Schedule, and make consequential amendments (regulation 12);
(g) contain a transitional provision and exemption (regulation 13).

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Source: https://www.legislation.gov.uk/nisr/1996/49 (the official version)
Page: https://openlegislation.uk/colours-in-food-regulations-northern-ireland-1996
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.