Statutory Rules of Northern Ireland

(a) a permitted miscellaneous additive is used in a flavouring;

(b) that flavouring is an ingredient of a compound food; and

(c) the permitted miscellaneous additive performs a technological purpose in the final food;

the permitted miscellaneous additive shall be regarded for the purposes of these Regulations as an additive of the final food.

    (2) No person shall use any permitted miscellaneous additive in or on any flavouring where -

(a) the level of such additives used exceeds the minimum necessary to guarantee the safety and quality of the flavouring and to facilitate its storage;

(b) the presence of such additives is a hazard to human health, or misleading to the consumer.".

(a) the food additive, food or flavouring concerned was put on the market or labelled before 27th January 2006; and

(b) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 to 6, 7(b), 8(a), 8(b) (ii), 9(a), 10, 11(a) to (c), (e) to (i) and (k) to (l) of the Miscellaneous Food Additives (Amendment No. 2) Regulations (Northern Ireland) 2005 had not been made when the food additive, food or flavouring was placed on the market or labelled.".

" Partially baked, pre-packed bakery wares intended for retail sale and energy-reduced bread intended for retail sale";

(a) the entries relating to E230 shall be omitted;

(b) in the entry relating to E1105, in the third and fourth columns (entitled respectively "Food" and "Maximum level") there shall be added -



"Wine in accordance with Regulation (EC) No. 1493/1999[9] and its implementing Regulation (EC) No. 1622/2000[10]

Pro memoria"

(a) in the entry relating to E310 to E320, in the third and fourth columns (entitled respectively "Food" and "Maximum level (mg/kg)"), the following shall be added -



"Essential oils	1000 mg/kg (gallates and BHA, individually or in combination) E310-E320 only
Flavourings other than essential oils	100 mg/kg (gallates, individually or in combination) or 200 mg/kg (BHA) E310-E320 only"

(b) in the entry relating to E315 and E316, for "semi-preserved and preserved meat product", there shall be substituted -

" Cured meat products and preserved meat products".

(a) in the entry relating to cocoa and chocolate products as defined in Directive 2000/36/EC, in the second and third columns (entitled respectively "Additive" and "Maximum level"), after the entry relating to E471, the following shall be added -



"E472c

Citric acid esters of mono- and diglycerides of fatty acids

quantum satis"

(b) in the entry relating to cocoa and chocolate products as defined in Directive 2000/36/EC, the entry relating to grape juice as defined in Directive 2001/112/EC, the entry relating to ripened cheese and the entry relating to sliced and grated ripened cheese, in the second column, for "E170 Calcium carbonates", there shall be substituted in each case -

" E170 Calcium carbonate".

(c) in the entry relating to frozen and deep-frozen unprocessed fruit and vegetables; pre-packed, refrigerated unprocessed fruit and vegetables ready for consumption and pre-packed, unprocessed and peeled potatoes, in the second and third columns, the following shall be added -



"E296

Malic acid

quantum satis (only for peeled potatoes)"

(d) in the entry relating to fruit compote, to the second and third columns, the following shall be added -



"E440	Pectin	quantum satis (only for fruit compote other than apple)
E509	Calcium chloride	"

(e) in the entry relating to mozzarella and whey cheese, in the second and third columns, the following shall be added -



"E460ii

Powdered cellulose

quantum satis (only for grated and sliced cheese)"

(f) the following shall be added to the table at the end -



"UHT goat milk	E331 Sodium citrates	4g/l
Chestnuts in liquid	E410 Locust bean gum	quantum satis
	E412 Guar gum
	E415 Xanthane gum	"

(a) in the Notes, after note 1A there shall be inserted -

     " 1B. Formulae and weaning foods for infants and young children may contain E1450 starch sodium octenyl succinate resulting from the addition of vitamin preparations or polyunsaturated fatty acid preparations. The carry over of E1450 in the product ready for consumption is not to be more than 100 mg/kg from vitamin preparations and 1000 mg/kg from polyunsaturated fatty acid preparations.";

(b) in Part III (miscellaneous additives permitted in weaning foods for infants and young children in good health), in the entry relating to E170, in the second column, for "Calcium carbonates" there shall be substituted -

" Calcium carbonate";

(c) in Part IV (miscellaneous additives permitted in foods for infants and young children for special medical purposes), for the title, the following shall be substituted -

(a) inserting a definition of flavouring, as the Regulations now apply to control the use of miscellaneous additives in flavourings (regulation 3(a) and (c));

(b) bringing up to date the definition of "Directive 95/2/EC" to cover the amendment of that Directive by Directive 2003/114/EC (regulation 3(b));

(c) substituting a new definition for the term "stabiliser" to include substances which increase the binding capacity of food (regulation 3(d));

(d) making an amendment to regulation 4 to ensure that a flavouring which lawfully has in or on it a permitted miscellaneous additive can be used as an ingredient in a compound food (regulation 4);

(e) providing that where a permitted miscellaneous additive used in a flavouring performs a technological function in the final food in which that flavouring is an ingredient, it is to be regarded as an additive of the final food (regulation 5);

(f) prohibiting the use of additives in flavourings in quantities greater than the minimum necessary, or in circumstances where they would be a hazard to human health or misleading to the consumer, and making contravention an offence (regulation 5);

(g) making transitional provision to allow the marketing of additives, flavourings or foods marketed or labelled before 27th January 2006, which are legal under existing rules (regulation 6);

(h) permitting standardisation of E407a, in addition to E407 and E440 with sugars, provided this is stated in addition to the number and designation of the additive (regulation 7(a));

(i) substituting "calcium carbonate" as the name for E170 (regulations 7(b), 13(b) and 14(b));

(j) adding to the acceptable names for E446, E468 and E469 (regulations 7(c) and (d) and 12(a));

(k) permitting a new additive, E907 to be used as a glazing agent in sugar confectionery and dried fruit (regulation 11(j));

(l) substituting new definitions of food categories in which permitted miscellaneous additives may be used (regulations 8(a) and 10(b));

(m) prohibiting the use of E230 as a permitted preservative for surface treatment of citrus fruits (regulation 9(a));

(n) extending food categories in which permitted miscellaneous additives can be used (regulations 8(b)(i), 9(b), 11(d), 13(a) and (c) - (f), 14(d));

(o) prohibiting the use of phosphates in cider and perry (regulation 11(a)(ii));

(p) providing numerical limits to restrict the use of E903 (regulation 11(h) - (i));

(q) making provision for the restricted use of additives in flavourings (regulations 8(b)(ii), 10(a), 11(a)(i), (b) - (c), (e) - (g) and (k));

(r) inserting a definition of spice oleoresins in Schedule 3 (regulation 11(l));

(s) permitting a new carrier solvent, E555 to be used in certain specified colours (regulation 12(b));

(t) clarifying the extent to which E1450 may be carried over into formulae and weaning foods for infants (regulation 14(a));

(u) bringing up to date the title of Part IV of Schedule 8 to take account of Commission Directive 1999/21/EC on dietary foods for special medical purposes (O.J. No. L91, 7.4.1999, p. 29) (regulation 14(c)).