# The Food Enzymes Regulations 2009 S.I. 2009/3235 · made 7 December 2009 · revised to 1 January 2024 PDFs: Printed copy https://openlegislation.uk/food-enzymes-regulations-2009/pdf/uksi_20093235_en.pdf; Explanatory Memorandum https://openlegislation.uk/food-enzymes-regulations-2009/pdf/uksiem_20093235_en.pdf ## Introductory text Food Made 7th December 2009 Laid before Parliament 11th December 2009 Coming into force 20th January 2010 The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 17(2), 26(1) and (3), and 48(1) of the Food Safety Act 1990 , (the 1990 Act) and now vested in him . In accordance with section 48(4A) of the 1990 Act, he has had regard to relevant advice given by the Food Standards Agency. In so far as these Regulations cannot be made under the powers in the 1990 Act cited above, the Secretary of State makes these Regulations as a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the description of, and other requirements relating to, spirit drinks. As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety , there has been open and transparent public consultation during the preparation and evaluation of these Regulations. ## 1 Title, commencement and extent (1) These Regulations may be cited as the Food Enzymes Regulations 2009 and come into force on 20th January 2010. (2) Regulations 1 and 11 extend to the United Kingdom and regulations 2 to 10 apply in relation to England only. ## 2 Interpretation (1) In these Regulations — “the Act” means the Food Safety Act 1990; “the EC Regulation” means Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 ; “food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority; “port health authority” means — (a)in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and (b)in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act. (2) Any other expression used in these Regulations and in the EC Regulation has the same meaning in these Regulations as it bears in the EC Regulation. (3) Unless indicated otherwise, any reference to a numbered Article is a reference to the Article so numbered in the EC Regulation. ## 3 Offences, penalties and savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 4 Enforcement and competent authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 5 Application of various sections of the Food Safety Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 6 Condemnation of Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 7 Amendment of the Food Labelling Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 8 Amendment of the Caseins and Caseinates Regulations 1985 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 9 Amendment of the Fruit Juices and Fruit Nectars (England) Regulations 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 10 Amendment of the Novel Food and Novel Food Ingredients Regulations 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 11 Amendment of the Spirit Drinks Regulations 2008 In the table in Part 2 of Schedule 2 to the Spirit Drinks Regulations 2008 , at the end of the entry in column 2 that appears opposite the entry “Article 9(9)” in column 1, add the words “ as last amended by Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes ”. ## Signature Signed by authority of the Secretary of State for Health Gillian Merron Minister of State, Department of Health ## Explanatory note (This note is not part of the Regulations) 1 These Regulations provide for the execution and enforcement in England of Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 (OJ No. L354, 31.12.2008, p.7), (“the EC Regulation”). 2 The Regulations provide that it is an offence — (a) once the list of food enzymes mentioned in Article 17 of the EC Regulation` has been adopted, to place on the market or use as food enzymes any that are not on that list (regulation 3(2)(a)); (b) to place on the market a food enzyme (or any food containing such an enzyme) that is not compliant with the EC Regulation and its implementing measures (regulation 3(2)(b)); (c) to fail to label food enzymes or enzyme preparations in accordance with the relevant requirements for business to business transactions (regulation 3(2)(c)) or for sales to the final consumer (regulation 3(2)(d)); or (d) to fail to provide certain technical information to the Commission in specified circumstances (regulation 3(2)(e)). 3 These Regulations also — (a) designate the authorities having the duty to enforce these Regulations and the EC Regulation (regulation 4); (b) apply certain specified provisions of the Food Safety Act 1990 for the purpose of these Regulations (regulation 5); and (c) provide that where food does not comply with these Regulations such that it would be an offence to place it on the market, it may be treated as failing to comply with food safety requirements for the purposes of seizure and destruction under section 9 of the Food Safety Act 1990 (regulation 6). 4 The Regulations make consequential amendments — (a) in relation to England only, to the Food Labelling Regulations 1996 (regulation 7), the Caseins and Caseinates Regulations 1985 (regulation 8) and the Novel Foods and Novel Food Ingredients Regulations 1997 (regulation 10); (b) to the Fruit Juices and Fruit Nectars (England) Regulations 2003 (regulation 9); and (c) in relation to the whole of the United Kingdom, to the Spirit Drinks Regulations 2008 (regulation 11). 5 A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Food Composition and Labelling Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. --- Source: https://www.legislation.gov.uk/uksi/2009/3235 (the official version) Page: https://openlegislation.uk/food-enzymes-regulations-2009 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.