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The Miscellaneous Food Additives (Amendment) (England) Regulations 2001

S.I. 2001/60 · Made 11 January 2001 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 15 January 2002.

FOOD, ENGLAND

Made 11th January 2001

Laid before Parliament 15th January 2001

Coming into force 30th March 2001

The Secretary of State, in exercise of the powers conferred by sections 16(1)(a), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990M1, and of all other powers enabling him in that behalf, after having regard, in accordance with section 48(4) of that Act, to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B) of that Act, hereby makes the following Regulations:

Annotations to the whole text

Marginal citations

M1

1990 c. 16; section 6(4)(a) of the Act was amended by the Deregulation and Contracting Out Act 1994 (c. 40) Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) Schedule 5, paragraph 10(3). Functions formerly exercisable by “the Ministers” are now exercisable, in relation to England, by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999; functions formerly exercisable by “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); those functions, so far as exercisable in relation to Scotland, were transferred to “the Scottish Ministers” by section 53 of the Scotland Act 1998 (c. 46). Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend existing Regulations made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.

Contents

  1. 1Title, commencement, extent and interpretation
  2. 2Amendment of the principal Regulations
  3. 3Regulation 3
  4. 4Regulation 4
  5. 5Regulation 5
  6. 6Consequential amendments
  7. Signature
  8. Schedule MISCELLANEOUS ADDITIVES FOR WHICH PURITY CRITERIA SPECIFIED OR REFERRED TO IN SCHEDULE 5 TO THE PRINCIPAL REGULATIONS ARE OMITTED
  9. Explanatory note

1Title, commencement, extent and interpretation

These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2001, shall come into force on 30th March 2001 and shall extend to England.

2Amendment of the principal Regulations

The Miscellaneous Food Additives Regulations 1995 M1 shall be amended, in so far as they extend to England, in accordance with regulations 3 to 5 below.

3

In regulation 2(1) (interpretation), in the definition of “Directive 96/77/EC” there shall be added at the end the words “ and Commission Directive 2000/63/EC ”M1.

4

In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1B) the following paragraph—

“(1C)

In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that—

(a)

the food additive or food concerned was put on the market or labelled before 31st March 2001; and

(b)

the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 and 5 of the Miscellaneous Food Additives (Amendment) (England) Regulations 2001 had not been made when that matter occurred.”.

5

In Schedule 5 (purity criteria) the entries relating to the miscellaneous additives listed in the Schedule to these Regulations shall be omitted.

6Consequential amendments

(1)

In so far as any Instrument listed in regulation 14(1) of the Miscellaneous Food Additives (Amendment) Regulations 1999 M1 extends to England, that provision shall cease to have effect in relation to that instrument.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Signed by authority of the Secretary of State for Health.

Gisela Stuart

Parliamentary Under-Secretary of State,

Department of Health

11th January 2001

MISCELLANEOUS ADDITIVES FOR WHICH PURITY CRITERIA SPECIFIED OR REFERRED TO IN SCHEDULE 5 TO THE PRINCIPAL REGULATIONS ARE OMITTED

E 296Malic acid
E 297Fumaric acid
E 350(i)Sodium malate
E 350(ii)Sodium hydrogen malate
E 351Potassium malate
E 352(i)Calcium malate
E 352(ii)Calcium hydrogen malate
E 355Adipic acid
E 363Succinic acid
E 380Triammonium citrate
E 500(i)Sodium carbonate
E 500(ii)Sodium hydrogen carbonate
E 500(iii)Sodium sesquicarbonate
E 501(i)Potassium carbonate
E 501(ii)Potassium hydrogen carbonate
E 503(i)Ammonium carbonate
E 503(ii)Ammonium hydrogen carbonate
E 507Hydrochloric acid
E 509Calcium chloride
E 513Sulphuric acid
E 514(i)Sodium sulphate
E 515(i)Potassium sulphate
E 516Calcium sulphate
E 522Aluminium potassium sulphate
E 524Sodium hydroxide
E 525Potassium hydroxide
E 526Calcium hydroxide
E 527Ammonium hydroxide
E 528Magnesium hydroxide
E 529Calcium oxide
E 530Magnesium oxide
E 535Sodium ferrocyanide
E 536Potassium ferrocyanide
E 541Sodium aluminium phosphate, acidic
E 551Silicon dioxide
E 552Calcium silicate
E 553a(i)Magnesium silicate
E 553a(ii)Magnesium trisilicate
E 575Glucono-delta-lactone
E 576Sodium gluconate
E 577Potassium gluconate
E 578Calcium gluconate
E 640Glycine
E 900Dimethylpolysiloxane
E 901Beeswax, white and yellow
E 903Carnauba wax
E 904Shellac
E 941Nitrogen
E 942Nitrous oxide
E 948Oxygen
E 999Extract of quillaia
E 1200Polydextrose
Propane-1, 2-diol (propylene glycol)

Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply to England only, amend the Miscellaneous Food Additives Regulations 1995, as amended (“the principal Regulations”).

The Regulations implement Commission Directive 2000/63/EC amending Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners (OJ No. L277, 30.10.2000, p. 1).

Subject to a transitional provision, the Regulations amend the existing requirements in the principal Regulations as regards the purity criteria for butylated hydroxyanisole (BHA) and specify new purity criteria in relation to the additives specified in Annex II to Commission Directive 2000/63/EC (regulations 3 to 5).

The Regulations also make consequential amendments to the instruments specified in regulation 4, as regards references in those instruments to the principal Regulations (regulation 6).

No regulatory impact assessment has been prepared in respect of these Regulations.