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Article 18 Carry-over principle

United Kingdom

Original text. Later amendments are not shown.

1.

The presence of a food additive shall be permitted:

(a)

in a compound food other than as referred to in F1an authorisation for primary use for the food additive concerned, where the food additive is permitted in one of the ingredients of the compound food;

(b)

in a food to which a food additive, food enzyme F2, food flavouring or nutrient has been added, where the food additive:

  1. (i)

    is permitted in the food additive, food enzyme , food flavouring or nutrient in accordance with this Regulation; and

  2. (ii)

    has been carried over to the food via the food additive, food enzyme , food flavouring or nutrient; and

  3. (iii)

    has no technological function in the final food;

(c)

in a food which is to be used solely in the preparation of a compound food and provided that the compound food complies with this Regulation.

2.

Paragraph 1 shall not apply to infant formulae, follow-on formulae, processed cereal-based foods and baby foods and dietary foods for special medical purposes intended for infants and young children as referred to in Directive 89/398/EEC, except where specifically provided for.

3.

Where a food additive in a food flavouring, food additive F3, food enzyme or nutrient is added to a food and has a technological function in that food, it shall be considered a food additive of that food and not a food additive of the added flavouring, food additive , food enzyme or nutrient, and must then comply with the conditions of use for that food as provided for.

4.

Without prejudice to paragraph 1, the presence of a food additive used as a sweetener shall be permitted in a compound food with no added sugars, in an energy-reduced compound food, in compound dietary foods intended for low-calorie diets, in non-cariogenic compound foods, and in a compound food with an increased shelf-life, provided that the sweetener is permitted in one of the ingredients of the compound food.

F45.

Paragraph 1(a) does not apply to foods listed in Table 1, as regards food additives in general, or in Table 2, as regards food colours, in Annex Ia.

Annotations

Textual amendments

F1

Words in Art. 18(1)(a) substituted (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(20)(a) (with reg. 23)

F2

Words in Art. 18(1)(b) substituted (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(20)(b) (with reg. 23)

F3

Words in Art. 18(3) substituted (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(20)(c) (with reg. 23)

F4

Art. 18(5) 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(20)(d) (with reg. 23)