# The Food Additives (Scotland) Amendment Regulations 2012, Regulation 2: Amendment of the Food Additives (Scotland) Regulations 2009

Extent: S

(1) The Food Additives (Scotland) Regulations 2009 are amended in accordance with paragraphs (2) to (6).
(2) In paragraph (1) of regulation 2 (interpretation)—
(a) for the definition of “permitted colour” substitute—
““permitted colour” means—
(a)before 1st December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in Annex I to Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs, as amended by Commission Directive 2011/3/EU amending Directive 2008/128/EC laying down specific purity criteria on colours for use in foodstuffs;
(b)on or after 1st December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in the Annex to Regulation 231/2012;”;
(b) for the definition of “permitted sweetener” substitute—
““permitted sweetener” means—
(a)before 1st December 2012—
(i)any sweetener specified in the second column of the Annex to Directive 94/35 which satisfies the specific purity criteria for that sweetener set out in Annex I to Commission Directive 2008/60/EC laying down specific purity criteria concerning sweeteners for use in foodstuffs, as amended by Commission Directive 2010/37/EU amending Directive 2008/60/EC laying down specific purity criteria on sweeteners; or
(ii)in the case of E960 steviol glycosides, a sweetener which satisfies the specific purity criteria for that sweetener set out in the Annex to Regulation 231/2012;
(b)on or after 1st December 2012—
(i)any sweetener specified in the second column of the Annex to Directive 94/35; or
(ii)in the case of E960 steviol glycosides, a sweetener,
which satisfies the specific purity criteria for that sweetener set out in the Annex to Regulation 231/2012;”;
(c) for the definition of “purity criteria”, in relation to a miscellaneous additive, substitute—
““purity criteria”, in relation to a miscellaneous additive, means—
(a)before 1st December 2012—
(i)the specific purity criteria set out in relation to that additive in Annex I to Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners, as amended by Commission Directive 2010/67/EU amending Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners; or
(ii)in the case of E1205 basic methacrylate copolymer, the specific purity criteria set out in the Annex to Regulation 231/2012;
(b)on or after 1st December 2012, the specific purity criteria set out in relation to that additive in the Annex to Regulation 231/2012;”;
(d) at the end of the definition of “Regulation 1333/2008” insert “ as read with Regulation 231/2012 ”; and
(e) after the definition of “Regulation 1333/2008” insert the following definitions:—
““Regulation 1129/2011” means Commission Regulation (EU) No 1129/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives , as read with Commission Regulation (EU) No 1131/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council with regard to steviol glycosides ;
“Regulation 1130/2011” means Commission Regulation (EU) No 1130/2011 amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives by establishing a Union list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients ;
“Regulation 231/2012” means Commission Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council ;”.
(3) For paragraph (5) of regulation 2, substitute—
“(5) The EU instruments are Directive 94/35, Directive 95/2, Regulation 1333/2008 and Regulation 231/2012.”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For paragraph (1) of regulation 18 (consequential amendments), substitute—
“(1) In paragraph (1) of regulation 4 (exemptions from the prohibition of mineral hydrocarbon in food) of the Mineral Hydrocarbons in Food (Scotland) Regulations 1966 , for sub-paragraph (d) substitute—
“(d) any food containing mineral hydrocarbon that is used in the food as a miscellaneous additive as defined in the Food Additives (Scotland) Regulations 2009 in compliance with the provisions of those Regulations;”.”.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/ssi/2012/119/regulation/2 (the official version)
Page: https://openlegislation.uk/food-additives-scotland-amendment-regulations-2012/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.