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Annex Ia Carry-over principle: Article 18(1)(a) – exceptionsF1

Original text. Later amendments are not shown.

F2Table 1

Foods in which the presence of an additive may not be permitted by virtue of the carry over principle set out in Article 18(1)(a) of Regulation (EC) No 1333/2008

F3Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 ( OJ L 181, 29.6.2013, p. 35 ).

F41 Unprocessed foods as defined in Article 3 of Regulation (EC) No 1333/2008, excluding meat preparations as defined by Regulation (EC) No 853/2004
2 Honey as defined in Council Directive 2001/110/EC f1
3 Non-emulsified oils and fats of animal or vegetable origin
4 Butter
5 Unflavoured pasteurised and sterilised (including UHT) milk and unflavoured plain pasteurised cream (excluding reduced fat cream)
6 Unflavoured fermented milk products, not heat-treated after fermentation
7 Unflavoured buttermilk (excluding sterilised buttermilk)
8 Natural mineral water as defined in Directive 2009/54/EC of the European Parliament and of the Council f2 and spring water and all other bottled or packed waters
9 Coffee (excluding flavoured instant coffee) and coffee extracts
10 Unflavoured leaf tea
11 Sugars as defined in Council Directive 2001/111/EC f3
12 Dry pasta, excluding gluten-free and/or pasta intended for hypoproteic diets, in accordance with Directive 2009/39/EC of the European Parliament and of the Council f4
13 Foods for infants and young children as referred to in Regulation (EU) No 609/2013 f5 , including foods for special medical purposes for infants and young children

Table 2

Foods in which the presence of a food colour may not be permitted by virtue of the carry over principle set out in Article 18(1)(a) of Regulation (EC) No 1333/2008

1 Unprocessed foods as defined in Article 3 of Regulation (EC) No 1333/2008
2 All bottled or packed waters
3 Milk, full fat, 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 Council Directive 2001/114/EC f6 (unflavoured)
7 Buttermilk (unflavoured)
8 Cream and cream powder (unflavoured)
9 Oils and fats of animal or vegetable origin
10 Ripened and unripened cheese (unflavoured)
11 Butter from sheep and goats’ milk
12 Eggs and egg products as defined in Regulation (EC) No 853/2004
13 Flour and other milled products and starches
14 Bread and similar products
15 Pasta and gnocchi
16 Sugar including all mono- and disaccharides
17 Tomato paste and canned and bottled tomatoes
18 Tomato-based sauces
19 Fruit juice and fruit nectar as mentioned in Council Directive 2001/112/EC f7 and vegetable juice and vegetable nectars
20 Fruit, vegetables (including potatoes) and mushrooms — canned, bottled or dried; processed fruit, vegetables (including potatoes) and mushrooms
21 Extra jam, extra jelly, and chestnut purée as mentioned in Council Directive 2001/113/EC f8 ; crème de pruneaux
22 Fish, molluscs and crustaceans, meat, poultry and game as well as their preparations, but not including prepared meals containing these ingredients
23 Cocoa products and chocolate components in chocolate products as mentioned in Directive 2000/36/EC of the European Parliament and of the Council f9
24 Roasted coffee, tea, herbal and fruit infusions, chicory; extracts of tea and herbal and fruit infusions and of chicory; tea, herbal and fruit infusions and cereal preparations for infusions, as well as mixes and instant mixes of these products
25 Salt, salt substitutes, spices and mixtures of spices
26 Wine and other products covered by Council Regulation (EC) No 1234/2007 f10 , as listed in its Annex I, Part XII
27

Spirit drinks defined in Annex II, paragraphs 1-14 of Regulation (EC) No 110/2008 of the European Parliament and of the Council f11 , spirits (preceded by the name of the fruit) obtained by maceration and distillation and London gin (Annex II paragraphs 16 and 22 of, respectively)

Sambuca, Maraschino, Marrasquino or Maraskino and Mistrà as defined in Annex II, paragraphs 38, 39 and 43 of Regulation (EC) No 110/2008, respectively

28 Sangria, Clarea and Zurra as mentioned in Council Regulation (EEC) No 1601/91 f12
29 Wine vinegar covered by Regulation (EC) No 1234/2007, as listed in its Annex I, Part XII
30 Foods for infants and young children as mentioned in Directive 2009/39/EC including foods for special medical purposes for infants and young children
31 Honey as defined in Directive 2001/110/EC
32 Malt and malt products

Annotations

Textual amendments

F1

Annex 1a heading inserted (E.W.S.) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), regs. 1(2), 8(26) (with reg. 23)

F2

Annex 1a Tables 1, 2: Annex 2 Section 2 Pt. A Tables 1, 2 renumbered as Annex 1a Tables 1, 2 (E.W.S.) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), regs. 1(2), 8(27) (with reg. 23)

F3

Inserted by Commission Regulation (EU) 2016/324 of 7 March 2016 amending and correcting Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of certain food additives permitted in all categories of foods (Text with EEA relevance).

F4

Substituted by Commission Regulation (EU) No 601/2014 of 4 June 2014 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the food categories of meat and the use of certain food additives in meat preparations (Text with EEA relevance).

Footnotes

f1

OJ L 10, 12.1.2002, p. 47 .

f2

OJ L 164, 26.6.2009, p. 45 .

f3

OJ L 10, 12.1.2002, p. 53 .

f4

OJ L 124, 20.5.2009, p. 21 .

f5

Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 ( OJ L 181, 29.6.2013, p. 35 ).

f6

OJ L 15, 17.1.2002, p. 19 .

f7

OJ L 10, 12.1.2002, p. 58 .

f8

OJ L 10, 12.1.2002, p. 67 .

f9

OJ L 197, 3.8.2000, p. 19 .

f10

OJ L 299, 16.11.2007, p. 1 .

f11

OJ L 39, 13.2.2008, p. 16 .

f12

OJ L 149, 14.6.1991, p. 1 .