The Miscellaneous Food Additives and the Sweeteners in Food (Amendment) Regulations (Northern Ireland) 2007 No. 325

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STATUTORY RULES OF NORTHERN IRELAND

2007 No. 325
FOOD
The Miscellaneous Food Additives and the Sweeteners in Food (Amendment) Regulations (Northern Ireland) 2007

	Made	28th June 2007
	Coming into operation	1st August 2007

The Department of Health, Social Services and Public Safety[1] makes the following Regulations in exercise of the powers conferred by Articles 15(1)(a), 16(1), 25(1) and (3), and 47(2) of, and paragraph 1 of Schedule 1 to, the Food Safety (Northern Ireland) Order 1991[2].

     It has had regard to relevant advice given by the Food Standards Agency as required by Article 47(3A) of that Order.

     There has been open and transparent public consultation during the preparation of the Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council[3] 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.

Citation and commencement
     1. These Regulations may be cited as the Miscellaneous Food Additives and the Sweeteners in Food (Amendment) Regulations (Northern Ireland) 2007 and come into operation on 1st August 2007.

Amendments to the Miscellaneous Food Additives Regulations (Northern Ireland) 1996
     2. The Miscellaneous Food Additives Regulations (Northern Ireland) 1996[4]("the Additives Regulations") are amended in accordance with regulations 3 to 13.

     3. In paragraph (1) of regulation 2 (interpretation) —

(a) the definition of "carrier" and "carrier solvent", after "miscellaneous additive," insert "flavouring,";

(b) in the definition of "Directive 95/2/EC" for "and European Parliament and Council Directive 2003/114/EC" substitute ", European Parliament and Council Directive 2003/114/EC[

" "food supplement" means a foodstuff the purpose of which is to supplement the normal diet and which is a concentrated source of vitamins or minerals or other substances with a nutritional or physiological effect, alone or in combination, marketed in dose form such as capsules, pastilles, tablets, pills and other similar forms, sachets of powder, ampoules of liquids, drop-dispensing bottles, and other similar forms of liquids and powders designed to be taken in measured small unit quantities;".

4. In regulation 11 (Transitional provision and exemptions), after paragraph (1F), insert—

" (1G) 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 —

5. In Schedule 1 (Miscellaneous Additives Generally Permitted for use in Foods not referred to in Schedule 6, 7 or 8) —

(a) as Note (5) add—

" (5) The substances E400, E401, E402, E403, E404, E406, E407, E407a, E410, E412, E413, E414, E415, E417, E418 and E440 may not be used in jelly cups, defined for the purpose of these Regulations as jelly confectionery of a firm consistency, contained in semi-rigid mini-cups or mini-capsules, intended to be ingested in a single bite by exerting pressure on the mini-cup or mini-capsule so as to project the confectionery into the mouth.";

(b) after the entry relating to E461 insert—

E 462

Ethyl cellulose

6. In Schedule 2 (Conditionally Permitted Preservatives and Antioxidants) Part A (sorbates, benzoates and p-hydroxybenzoates) —

(a) omit E 216 Propyl p-hydroxybenzoate and E 217 Sodium propyl p-hydroxybenzoate in the first table;

(b) omit the entries for "Shrimps, cooked" and "Crayfish tails, cooked and pre-packed Marinated cooked molluscs" in the second table;

(c) in the first column (entitled "Food") of the second table, for "Dietetic foods intended for special medical purposes" substitute "Dietary foods for special medical purposes as defined in Directive 1999/21/EC[

"Crustaceans and molluscs, cooked		1000		2000
Food supplements supplied in liquid form				2000		"

7. In Schedule 2 Part B (sulphur dioxide and sulphites), in the second table —

(a) for the entries relating to crustaceans and cephalopods substitute—

Crustaceans and cephalopods:
fresh, frozen and deep frozen	150*
crustaceans, Panaeidae, Solenoceridae, Aristaeidae family:
— ≤ 80 units	150*
— > 80 units but ≤ 120 units	200*
— > 120 units	300*
Cooked	50*
cooked crustaceans, Panaeidae, Solenoceridae, Arisateidae family:
— ≤ 80 units	135*
— > 80 units but ≤ 120 units	180*
— > 120 units	270*
* In edible parts	"

(b) for "Starches (excluding starches for weaning foods, follow-on furmulae and infant formulae)" substitute "Starches (excluding starches in infant formulae, follow-on formulae and processed cereal-based foods and baby foods)";

(c) at the end of the table add—

"Salsicha fresca 450

Table grapes 10

Fresh lychees 10 (measured on edible parts)"

     8. In Schedule 2 Part C (other preservatives) the table relating to E 249, E 250, E 251 and E 252 is replaced by the table set out in Schedule 1.

     9. In Schedule 2 Part D (other antioxidants) the table is replaced by the table set out in Schedule 2.

     10. In Schedule 3 (Other Permitted Miscellaneous Additives)—

(a) in the entry relating to E385 in the third and fourth columns (entitled respectively "Food" and "Maximum level") add—

"Libamáj, egézben és tömbben

250 mg/kg"

(b) after the entry relating to E 967 insert—

E 968 Erythritol Food in general (except drinks and those foods referred to in Article 2(3) of Directive 95/2/EC quantum satis

                      Frozen and deep-frozen unprocessed fish, crustaceans, molluscs and cephalopods quantum satis

                      Liqueurs quantum satis

                                 For purposes other than sweetening

(c) after the entry relating to E 425 insert—

E 426 Soybean hemicellulose Dairy-based drinks intended for retail sale 5 g/l

                      Food supplements 1.5 g/l

                      Emulsified sauces 30 g/l

                      Pre-packaged fine bakery wares intended for retail sale 10 g/l

                      Pre-packaged ready-to-eat oriental noodles intended for retail sale 10 g/l

                      Pre-packaged ready-to-eat rice intended for retail sale 10 g/kg

                      Pre-packaged processed potato and rice products (including frozen, deep-frozen, chilled and dried processed products) intended for retail sale 10 g/kg

                      Dehydrated, concentrated, frozen and deep-frozen egg products 10 g/kg

                      Jelly confectionery, except jelly mini-cups 10 g/kg

(d) in the third column of the entry relating to E 468, for "Solid dietary supplements" substitute "Food supplements supplied in solid form";

(e) in the third column of the entry relating to E 338 to E 452, for "Dietary supplements" substitute "Food supplements";

(f) in the third column of the entries relating to E 405, E 416, E 432 to E 436, E 473 and E 474, E 475, E 491 to E 495, E 551 to E 559 and E 901 to E 904, for "Dietary food supplements" substitute "Food supplements";

(g) in the third column of the entries relating to E 1201 and E 1202, for "Dietary food supplements in tablet and coated tablet form" substitute "Food supplements in tablet and coated tablet form";

(h) in the third column of the entries relating to E 405, E 432 to E 436, E 473 and E 474, E 475, E477, E481 and E482, and E 491 to E 495, for "Dietetic foods intended for special medical purposes" substitute "Dietary foods for special medical purposes as defined in Directive 1999/21/EC";

(i) in the fourth column of the entries relating to E 1505 to E 1520, after "In the case of beverages," insert "with the exception of cream liqueurs,";

(j) at the end of the table add—

"E 1204 Pullulan Food supplements in capsule and tablet form quantum satis

                      Breath-freshening micro-sweets in the form of films quantum satis

E 1452 Starch Aluminium Octenyl Succinate Encapsulated vitamin preparations in food supplements 35 g/kg in food supplement"

11. In Schedule 4 (Permitted Carriers and Carrier Solvents) —

(a) after the entry relating to E 967, in the first column insert "E 968" and in the second column opposite insert "Erythritol";

(b) after the entry relating to E 461, in the first column insert "E 462" and in the second column opposite insert "Ethyl cellulose";

(c) in the third column of the entry related to E 551 and E 552, add the expression "For E 551: in E 171 titanium dioxide and E 172 iron oxides and hydroxides (max. 90% relative to the pigment).".

12. In Schedule 7 (Foods in which a limited number of Miscellaneous Additives listed in Schedule 1 may be used) —

(a) for the entry relating to ripened cheese, substitute—

"Ripened cheese	E 170 calcium carbonate	quantum satis
	E 504 Magnesium carbonates
	E 509 Calcium chloride
	E 575 Glucono-delta-lactone
	E 500ii Sodium hydrogen carbonate	quantum satis (only for sour milk cheese)"

(b) in the entry relating to "pain courant français", in column 1 add "Friss búzankenyér, fehér és félbarna kenyerek";

(c) in the entry relating to "foie gras, foie gras entler, blocs de foie gras", in column 1 add "Libamáj, libamáj egézben, libamáj tömbben".

13. In Schedule 8 (Miscellaneous Additives permitted in Foods for Infants and Young Children) —

(a) in paragraphs 1, 1A and 1B of the introductory notes, for "weaning foods" substitute in each case "processed cereal-based foods and baby foods";

(b) in Part III (miscellaneous additives permitted in weaning foods for infants and young children in good health) —

"E 473

Sucrose esters of fatty acids

Products containing hydrolysed proteins, peptides and amino acids

120 mg/kg"

Amendment of the Sweeteners in Food Regulations (Northern Ireland) 1996
14. —(1) The Sweeteners in Food Regulations 1996[9] are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (interpretation) —

(3) In Schedule 1 (Permitted sweeteners and the foods in or on which they may be used) —

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on

28th June 2007.

L.S.

Don Hill
A senior officer of the Department of Health, Social Services and Public Safety

SCHEDULE 1Regulation 8

Entries to be substituted in Part C of Schedule 2 to the Additives Regulations

EC No.	Name	Food	Maximum amount that may be added during manufacture (expressed as NaNO₂)	Maximum residual level (expressed as NaNO₂)
			mg/kg	mg/kg
E 249	Potassium nitrite⁽^x⁾	Meat Products	150
E 250	Sodium nitrite⁽^x⁾	Sterilised meat products (Fo > 3,00)⁽^y⁾	100
		Traditional immersion cured meat products⁽¹⁾:
		Wiltshire bacon⁽¹^.¹⁾;		175
		Entremeada, entrecosto, chispe, orelheira e cabeça (salgados)
		Toucinho fumado⁽¹^.²⁾;
		and similar products
		Wiltshire ham⁽¹^.¹⁾;		100
		and similar products
		Rohschinken, nassgepökelt⁽¹^.⁶⁾; and similar products		50
		Cured tongue⁽¹^.³⁾		50
		Traditional dry cured meat products⁽²⁾:
		Dry cured bacon⁽²^.¹⁾; and similar products		175
		Dry cured ham⁽²^.¹⁾;		100
		Jamón curado, paleta curada, lomo embuchado y cecina⁽²^.²⁾; Presunto, presunto da pà and paio do lombo⁽²^.³⁾; and similar products
		Rohschinken, trockengepökelt⁽²^.⁵⁾; and similar products		50
		Other traditionally cured meat products⁽³⁾;
		Vysočina	180
		Selský salám
		Turistický trvanlivý salám
		Poličan
		Herkules
		Lovecký salám
		Dunajská klobása
		Paprikáŝ⁽³^.⁵⁾;
		and similar products
		Rohschinken, trocken-/nassgepökelt⁽³^.¹⁾; and similar products		50
		Jellied veal and brisket⁽³^.²⁾
EC No.	Name	Food	Maximum amount that may be added during manufacture, (expressed as NaNO3)	Maximum residual level (expressed as NaNO3)
			mg/kg	mg/kg
E 251	Potassium nitrate⁽^z⁾	Non-heat-treated meat products	150
E 252	Sodium nitrate⁽^z⁾
		Traditional immersion cured meat products⁽¹⁾;
		Kylmäsavustettu poronliha/Kallrökt renkött⁽¹^.⁴⁾;	300
		Wiltshire bacon and Wiltshire ham⁽¹^.¹⁾		250
		Entremeada, entrecosto, chispe, orelheira a cabeça (salgados),
		Toucinho fumado⁽¹^.²⁾;
		Rohschinken, nassgepökelt⁽¹^.⁶⁾;
		and similar products
		Bacon, Filet de bacon⁽¹^.⁵⁾; and similar products		250 without added E 249 or E 250
		Cured tongue⁽¹^.³⁾		10
		Traditional dry cured meat products⁽²⁾;
		Dry cured bacon and Dry cured ham⁽²^.¹⁾;		250
		Jamón curado ,paleta curada, lomo embuchado y cecina⁽²^.²⁾;
		Presunto, presunto da pá and paio do lombo⁽²^.³⁾;
		Rohschinken, trockengepökelt⁽²^.⁵⁾; and similar products
		Jambon sec, jambon sel sec et autres pièces maturées séchées similaires⁽²^.⁴⁾		250 without added E 249 or E 250
		Other traditionally cured meat products⁽³⁾:
		Rohwürste (Salami and Kantwurst)⁽³^.³⁾;	300 (without added E 249 or E 250)
		Rohschinken, trocken-/nassgepökelt⁽³^.¹⁾ ; and similar products		250
		Salchichón y chorizo tradicionales de larga curación⁽³^.⁴⁾; Saucissons secs⁽³^.⁶⁾; and similar products	250 (without added E 249 or E 250)
		Jellied veal and brisket⁽³^.²⁾;		10
		Hard, semi-hard and semi-soft cheese	150 in the cheese milk or equivalent level if added after removal of whey and addition of water
		Dairy-based cheese analogue
		Pickled herring and sprat	500

⁽^x⁾ When labelled "for food use", nitrite may be sold only in a mixture with salt or a salt substitute.

⁽^y⁾ Fo-value 3 is equivalent to 3 minutes heating at 121°C (reduction of the bacterial load of one billion spores in each 1,000 cans to one spore in a thousand cans).

⁽^z⁾ Nitrates may be present in some heat-treated meat products resulting from natural conversion of nitrites to nitrates in a low-acid environment.

⁽¹⁾ Meat products are immersed in curing solution containing nitrites and/or nitrates, salt and other components. The meat products may undergo further treatments eg. smoking.

⁽¹^.¹⁾ Meat is injected with curing solution followed by immersion curing for 3 to 10 days. The immersion brine solution also includes microbiological starter cultures.

⁽¹^.²⁾ Immersion cured for 3 to 5 days. Product is not heat-treated and has a high water activity.

⁽¹^.³⁾ Immersion cured for at least 4 days and pre-cooked.

⁽¹^.⁴⁾ Meat is injected with curing solution followed by immersion curing. Curing time is 14 to 21 days followed by maturation in cold-smoke for 4 to 5 weeks.

⁽¹^.⁵⁾ Immersion cured for 4 to 5 days at 5 to 7°C, matured for typically 24 to 40 hours at 22°C, possibly smoked for 24 hrs at 20 to 25°C and stored for 3 to 6 weeks at 12 to 14°C.

⁽¹^.⁶⁾ Curing time depending on the shape and weight of meat pieces for approximately 2 days/kg followed by stabilisation/maturation.

⁽²⁾ Dry curing process involves dry application of curing mixture containing nitrites and/or nitrates, salt and other components to the surface of the meat followed by a period of stabilisation/maturation. The meat products may undergo further treatments eg. smoking.

⁽²^.¹⁾ Dry curing followed by maturation for at least 4 days.

⁽²^.²⁾ Dry curing with a stabilisation period of at least 10 days and a maturation period of more than 45 days.

⁽²^.³⁾ Dry cured for 10 to 15 days followed by a 30 to 45 day stabilisation period and a maturation period of at least 2 months.

⁽²^.⁴⁾ Dry cured for 3 days + 1 day/kg followed by a one week post-salting period and an ageing/ripening period of 45 days to 18 months.

⁽²^.⁵⁾ Curing time depending on the shape and weight of meat pieces for approximately 10 to 14 days followed by stabilisation/maturation.

⁽³⁾ Immersion and dry cured processes used in combination or where nitrite and/or nitrate is included in a compound product or where the curing solution is injected into the product prior to cooking. The products may undergo further treatments eg. smoking.

⁽³^.¹⁾ Dry curing and immersion curing used in combination (without injection of curing solution). Curing time depending on the shape and weight of meat pieces for approximately 14 to 35 days followed by stabilisation/maturation.

⁽³^.²⁾ Injection of curing solution followed, after a minimum of 2 days, by cooking in boiling water for up to 3 hours.

⁽³^.³⁾ Product has a minimum 4-week maturation period and a water/protein ratio of less than 1:7.

⁽³^.⁴⁾ Maturation period of at least 30 days.

⁽³^.⁵⁾ Dried product cooked to 70°C followed by 8 to 12 day drying and smoking process. Fermented product subject to 14 to 30 day three-stage fermentation process followed by smoking.

⁽³^.⁶⁾ Raw fermented dried sausage without added nitrites. Product is fermented at temperatures in the range of 18 to 22°C or lower (10 to 12°C) and then has a minimum aging/ripening period of 3 weeks. Product has a water/protein ratio of less than 1:7.

SCHEDULE 2Regulation 9

Entries to be substituted in Part D of Schedule 2 to the Additives Regulations

EC No.	Name	Food	Maximum level (mg/kg)
E 310	Propyl gallate	Fats and oils for the professional manufacture of heat-treated foods	200* (gallates, TBHQ and BHA, individually or in combination)
E 311	Octyl gallate	Frying oil and frying fat, excluding olive pomace oil	100* (BHT), both expressed on fat
E 312	Dodecyl gallate
E 319	Tertiary-butyl hydroquinone (TBHQ)	Lard; fish oil; beef, poultry and sheep fat
E 320	Butylated hydroxyanisole (BHA)	Cake mixes; cereal-based snack foods; milk powder for vending machines	200 (gallates, TBHQ and BHA, individually or in combination) expressed on fat
E 321	Butyolated hydroxytoluene (BHT)	Dehydrated soups and broths; sauces; dehydrated meat; processed nuts; pre-cooked cereals
		Seasonings and condiments	200 (gallates and BHA, individually or in combination) expressed on fat
		Dehydrated potatoes	25 (gallates, TBHQ and BHA, individually or in combination)
		Chewing gum; food supplements	400 (gallates, TBHQ, BHT and BHA, individually or in combination)
		Essential oils	1,000 (gallates, TBHQ and BHA, individually or in combination)
		Flavourings other than essential oils	100(gallates, individually or in combination) 200(TBHQ and BHA, individually or in combination)
E 315	Erythorbic acid	Cured meat products and preserved meat products	500 expressed as erythorbic acid
E 316	Sodium erythorbate	Preserved and semi-preserved fish products; Frozen and deep-frozen fish with red skin	1,500 expressed as erythorbic acid
E 586	4-Hexylresorcinol	Fresh, frozen and deep-frozen crustaceans	2 as residues in crustacean meat
* When combinations of gallates, TBHQ, BHA and BHT are used, the individual levels must be reduced proportionally

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Miscellaneous Food Additives Regulations (Northern Ireland) 1996 (S.R. 1996 No.50 as amended) ("the Additives Regulations") in order to provide for the implementation of —

These Regulations also amend the Sweeteners in Food Regulations (Northern Ireland) 1996 (S.R. 1996 No.48 as amended) in order to provide for the implementation of Directive 2006/52/EC mentioned above and of Commission Directive 2006/128/EC amending and correcting Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs.

In particular these Regulations amend the Additives Regulations by —

regulation 8 and Schedule 1

regulation 9 and Schedule 2

These Regulations amend the Sweeteners in Food Regulations (Northern Ireland) 1996 by —

regulation 14(2)

regulation 14(3)

Notes:

[1] Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6)back

[2] S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R.2004 Nos. 482 and 505 back

[3] OJ No. L31, 1.2.2002, p. 1 as last amended by Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3) amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the Permanent Scientific Panels of the European Food Safety Authority (OJ No. L100, 8.4.2006, p.3). By virtue of Regulation 5 of the Food Safety (Northern Ireland) Order 1991 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004 No.482), with effect from 7th December 2004 the consultation requirement contained in Article 47(3) of the 1991 Order is disapplied in any case in which consultation Is required by Article 9 of Regulation (EC) No. 178/2002 back

[4] S.R. 1996 No.50, amended by S.R. 1997 No. 340, S.R. 1999 No.244, S.R. 2001 No.45, S.R. 2001 No.46, S.R. 2001 No.419, S.R. 2003 No.158, S.R. 2003 No.300, S.R. 2003 No.301, S.R. 2003 No.305, S.R. 2003 No.313, S.R. 2003 No.383, S.R. 2003 No.519, S.R. 2003 No.535, S.R. 2004 No.439, S.R. 2005 No.19 and S.R. 2005 No.201 back

[5] OJ No. L24, 29.1.2004, p.58 back

[6] S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R.2004 Nos. 482 and 505 back

[7] OJ No. L346, 9.12.2006, p.15 back

[8] OJ No. L91, 7.4.1999, p.29 back

[9] S.R. 1996 No.48, amended by S.R. 1997 No.257, S.R. 1999 No.216, S.R. 2002 No.39, S.R. 2003 No.257. and S.R. 2005 No.18 back

[10] OJ No. L24, 29.1.2004, p.65 back

[11] OJ No. L204, 26.7.2006, p.10 back

[12] OJ No. L346, 9.12.2006, p.6 back

ISBN 978 0 337 97074 0

Prepared 11 July 2007

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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Miscellaneous Food Additives and the Sweeteners in Food (Amendment) Regulations (Northern Ireland) 2007 No. 325 URL: http://www.bailii.org/nie/legis/num_reg/2007/20070325.html

"Salsicha fresca	450
Table grapes	10
Fresh lychees	10 (measured on edible parts)"

E 968	Erythritol	Food in general (except drinks and those foods referred to in Article 2(3) of Directive 95/2/EC	quantum satis
		Frozen and deep-frozen unprocessed fish, crustaceans, molluscs and cephalopods	quantum satis
		Liqueurs	quantum satis
			For purposes other than sweetening

E 426	Soybean hemicellulose	Dairy-based drinks intended for retail sale	5 g/l
		Food supplements	1.5 g/l
		Emulsified sauces	30 g/l
		Pre-packaged fine bakery wares intended for retail sale	10 g/l
		Pre-packaged ready-to-eat oriental noodles intended for retail sale	10 g/l
		Pre-packaged ready-to-eat rice intended for retail sale	10 g/kg
		Pre-packaged processed potato and rice products (including frozen, deep-frozen, chilled and dried processed products) intended for retail sale	10 g/kg
		Dehydrated, concentrated, frozen and deep-frozen egg products	10 g/kg
		Jelly confectionery, except jelly mini-cups	10 g/kg

"E 1204	Pullulan	Food supplements in capsule and tablet form	quantum satis
		Breath-freshening micro-sweets in the form of films	quantum satis
E 1452	Starch Aluminium Octenyl Succinate	Encapsulated vitamin preparations in food supplements	35 g/kg in food supplement"