The Miscellaneous Food Additives Regulations 1995 No. 3187


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Statutory Instruments

1995 No. 3187

FOOD

The Miscellaneous Food Additives Regulations 1995

Made

4th December 1995

Laid before Parliament

11th December 1995

Coming into force

1st January 1996

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1)(a), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990(1) and of all other powers enabling them in that behalf, hereby make the following Regulations, after consultation in accordance with section 48(4) of the said Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations:

Title and commencement

1. These Regulations may be cited as the Miscellaneous Food Additives Regulations 1995, and shall come into force on 1st January 1996.

Interpretation

2.-(1) In these Regulations, unless the context otherwise requires-

"acid" means any substance which increases the acidity of a food or imparts a sour taste to it, or both;

"acidity regulator" means any substance which alters or controls the acidity or alkalinity of a food;

"the Act" means the Food Safety Act 1990;

"anti-caking agent" means any substance which reduces the tendency of individual particles of a food to adhere to one another;

"anti-foaming agent" means any substance which prevents or reduces foaming;

"antioxidant" means any substance which prolongs the shelf-life of a food by protecting it against deterioration caused by oxidation, including fat rancidity and colour changes;

"bulking agent" means any substance which contributes to the volume of a food without contributing significantly to its available energy value;

"carrier" and "carrier solvent" mean any substance, other than a substance generally considered as food, used to dissolve, dilute, disperse or otherwise physically modify a miscellaneous additive, colour or sweetener, or an enzyme which is not acting as a processing aid, without altering its technological function (and without exerting any technological effect itself) in order to facilitate its handling, application or use;

"colour" has the same meaning as in the Colours in Food Regulations 1995(2);

"Directive 89/107/EEC" means Council Directive 89/107/EEC(3) on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption;

"Directive 89/398/EEC" means Council Directive 89/398/EEC(4) on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses;

"Directive 95/2/EC" means European Parliament and Council Directive 95/2/EC(5) on food additives other than colours and sweeteners (as corrected)(6);

"emulsifier" means any substance which makes it possible to form or maintain a homogenous mixture of two or more immiscible phases, such as oil and water, in a food;

"emulsifying salt" means any substance which converts proteins contained in cheese into a dispersed form, thereby bringing about homogenous distribution of fat and other components;

"firming agent" means any substance which makes or keeps tissues of fruit or vegetables firm or crisp or which interacts with a gelling agent to produce or strengthen a gel;

"flavour enhancer" means any substance which enhances the existing taste or odour, or both, of a food;

"foaming agent" means any substance which makes it possible to form a homogenous dispersion of a gaseous phase in a liquid or solid food;

"food" means food sold, or intended for sale, for human consumption and in regulation 6 and for the purposes of regulation 9 includes a food additive;

"food additive" means-

(a)

any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food, whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food results, or may reasonably be expected to result, in it or its by-products becoming directly or indirectly a component of such foods; or

(b)

a carrier or carrier solvent;

but does not include-

(i)

any substance used for the treatment of drinking water as provided for in Council Directive 80/778/EEC(7) relating to the quality of water intended for human consumption, as amended by Council Directive 81/858/EEC(8) and Council Directive 91/692/EEC(9);

(ii)

any product containing pectin and derived from dried apple pomace or peel of citrus fruit, or from a mixture of both, by the action of dilute acid followed by partial neutralisation with sodium or potassium salts (liquid pectin);

(iii)

chewing gum bases;

(iv)

white or yellow dextrin, roasted or dextrinated starch, starch modified by acid or alkali treatment, bleached starch, physically modified starch and starch treated by amylolitic enzymes;

(v)

ammonium chloride;

(vi)

blood plasma, edible gelatin, protein hydrolysates and their salts, milk protein and gluten;

(vii)

amino acids and their salts (other than glumatic acid, glycine, cysteine and cystine and their salts) having no additive function;

(viii)

caseinates and casein;

(ix)

inulin;

"gelling agent" means any substance which gives a food texture through the formation of a gel;

"glazing agent" means any substance which, when applied to the external surface of a food, imparts a shiny appearance or provides a protective coating, and includes lubricants;

"humectant" means any substance which prevents a food from drying out by counteracting the effect of an atmosphere having a low degree of humidity, or which promotes the dissolution of a powder in an aqueous medium;

"infants" means children under the age of twelve months;

"member State" means a member State of the European Community;

"miscellaneous additive" means any food additive which is used or intended to be used primarily as an acid, acidity regulator, anti-caking agent, anti-foaming agent, antioxidant, bulking agent, carrier, carrier solvent, emulsifier, emulsifying salt, firming agent, flavour enhancer, foaming agent, gelling agent, glazing agent, humectant, modified starch, packaging gas, preservative, propellant, raising agent, sequestrant, stabiliser or thickener, but does not include any processing aid;

"modified starch" means any substance obtained by one or more chemical treatments of edible starch, which may have undergone a physical or enzymatic treatment, and may be acid or alkali thinned or bleached;

"packaging gas" means any gas, other than air, which is introduced into a container before, during or after the placing of a food in that container;

"permitted miscellaneous additive" means any miscellaneous additive listed in Schedule 1, 2, 3 or 4, which satisfies the purity criteria (if any) for that additive;

"preservative" means any substance which prolongs the shelf-life of a food by protecting it against deterioration caused by micro-organisms;

"processed", in relation to any food, means having undergone any treatment resulting in a substantial change in the original state of the food, but does not include dividing, parting, severing, boning, mincing, skinning, paring, peeling, grinding, cutting, cleaning, trimming, deep-freezing, freezing, chilling, milling, husking, packing or unpacking, and "unprocessed" shall be construed accordingly;

"processing aid" means any substance not consumed as a food by itself, intentionally used in the processing of raw materials, foods or their ingredients to fulfil a certain technological purpose during treatment or processing, and which may result in the unintentional but technically unavoidable presence of residues of the substance or its derivatives in the final product, provided that these residues do not present any health risk and do not have any technological effect on the finished product;

"propellant" means any gas, other than air, which expels a food from a container;

"purity criteria" means the purity criteria (if any) for that miscellaneous additive specified or referred to in Schedule 5;

"raising agent" means any substance or combination of substances which liberates gas and thereby increases the volume of a dough or a batter;

"relevant food additive" means any miscellaneous additive, colour or sweetener, or an enzyme which is not acting as a processing aid;

"sell" includes possess for sale, and offer, expose or advertise for sale, and "sale" and "sold" shall be construed accordingly;

"sequestrant" means any substance which forms a chemical complex with metallic ions;

"stabiliser" means any substance which makes it possible to maintain the physico-chemical state of a food, including any substance which enables a homogenous dispersion of two or more immiscible substances in a food to be maintained, and any substance which stabilises, retains or intensifies an existing colour of a food;

"sweetener" has the same meaning as in the Sweeteners in Food Regulations 1995(10);

"thickener" means any substance which increases the viscosity of a food;

"young children" means children aged between one and three years.

(2) Other expressions used in these Regulations and in Directive 95/2/EC have, in so far as the context admits, the same meaning in these Regulations as they bear in that Directive.

(3) Any reference in these Regulations to a Community instrument is a reference to it as amended, modified or otherwise adapted.

(4) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations, and in the case of a Schedule shall be read with any note thereto.

(5) Any reference in these Regulations to-

(a)a maximum level of permitted miscellaneous additive in or on a food, or in respect of a food additive, is to the maximum level of that permitted miscellaneous additive in or on the food, or in respect of the food additive, as sold, unless otherwise indicated;

(b)quantum satismeans that no maximum level of permitted miscellaneous additive in or on a corresponding food is specified but that in or on such food a permitted miscellaneous additive may be used in accordance with good manufacturing practice at a level not higher than is necessary to achieve the intended purpose and provided that such use does not mislead the consumer.

Use of miscellaneous additives

3.-(1) No person shall use in or on any food any miscellaneous additive other than a permitted miscellaneous additive.

(2) Subject to regulation 4(2) and Note 2 to Schedule 1, no person shall use any permitted miscellaneous additive listed in Schedule 1 in or on any food which is listed in Schedule 6 but not in column 1 of Schedule 7.

(3) Subject to regulation 4(2) and Note 2 to Schedule 1, no person shall use any permitted miscellaneous additive listed in Schedule 1 in or on any food listed in column 1 of Schedule 7, except a permitted miscellaneous additive which is listed, or referred to, in relation to that food in column 2 of that Schedule in an amount not exceeding the maximum level (if any) for such additive in or on such food as listed in column 3 of that Schedule.

(4) No person shall use any permitted miscellaneous additive listed in Schedule 1 in or on any food which is not listed in Schedule 6 or in column 1 of Schedule 7 and is not referred to in paragraph (7) below in an amount higher thanquantum satisor otherwise than in compliance with Notes 1 and 3 to Schedule 1.

(5) Subject to paragraphs (1) and (2) of regulation 4, no person shall use any permitted miscellaneous additive listed in Schedule 2 or 3 in or on any food which is not referred to in paragraph (7) below, other than a food listed in either of those Schedules in relation to that additive and in accordance with the provisions contained in those Schedules governing the use of such additive in or on such food.

(6) No person shall use any miscellaneous additive primarily as a carrier or carrier solvent unless that additive is a permitted miscellaneous additive listed in Schedule 4 and its use complies with the restrictions (if any) mentioned in relation to that additive in column 3 of that Schedule.

(7) Subject to Note 2 to Schedule 1, no person shall use any permitted miscellaneous additive in or on any food for infants or young children as referred to in Directive 89/398/EEC (including any food for infants and young children not in good health) unless that additive is listed in Schedule 8, in which case it may be used only in accordance with the conditions contained in that Schedule.

(8) No person shall use in or on any food for infants or young children as referred to in Directive 89/398/EEC (including any food for infants and young children not in good health) any relevant food additive in combination with a miscellaneous additive which has been used primarily as a carrier or carrier solvent unless that miscellaneous additive is listed in Schedule 8 and its presence in or on the food is in accordance with the conditions contained in that Schedule.

Use of miscellaneous additives in or on compound foods

4.-(1) Subject to paragraphs (3) and (4) below, any food in or on which a permitted miscellaneous additive is used without contravening any of the provisions of paragraphs (2) to (5) or (7) of regulation 3 may itself be used as an ingredient in a compound food in or on which the use of such miscellaneous additive is not otherwise permitted; and the presence in or on that compound food of such miscellaneous additive as a result of its containing such an ingredient shall not constitute a contravention of any of the provisions of those paragraphs of regulation 3.

(2) Subject to paragraph (4) below, there may be used in or on a food any permitted miscellaneous additive the use of which would otherwise constitute a contravention of any of the provisions of paragraphs (2) to (5) or (7) of regulation 3, where such a food is destined to be used solely in the preparation of a compound food and the resulting presence in or on that compound food of such miscellaneous additive does not itself constitute a contravention of any of the provisions of those paragraphs of regulation 3.

(3) Paragraph (1) above shall not apply in the case of any compound food listed in Schedule 6 or in column 1 of Schedule 7.

(4) Paragraphs (1) and (2) above shall not apply in the case of any food for infants or young children as referred to in Directive 89/398/EEC, except where specifically provided in these Regulations.

Sale of food additives and food containing miscellaneous additives

5.-(1) No person shall sell any miscellaneous additive for use in or on food unless that additive is a permitted miscellaneous additive.

(2) No person shall sell any miscellaneous additive for use primarily as a carrier or carrier solvent unless that additive is a permitted miscellaneous additive listed in Schedule 4.

(3) No person shall sell directly to the consumer any miscellaneous additive other than a permitted miscellaneous additive.

(4) No person shall sell any food having in it or on it any added miscellaneous additive other than a permitted miscellaneous additive which has been used, or is present, in or on that food without contravening any of the provisions of paragraphs (1) to (5), (7) or (8) of regulation 3.

(5) No person shall sell any relevant food additive in combination with a miscellaneous additive which has been used primarily as a carrier or carrier solvent unless that miscellaneous additive has been used in respect of that relevant food additive without contravening the provisions of regulation 3(6).

Condemnation of food

6. Where any food is certified by a food analyst as being food which it is an offence against these Regulations to sell, that food may be treated for the purposes of section 9 of the Act (under which a food may be seized and destroyed on the order of a justice of the peace) as failing to comply with food safety requirements, and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.

Offences, penalties and enforcement

7.-(1) If any person contravenes or fails to comply with any of the provisions of these Regulations he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(3) Subject to paragraph (4) below, each food authority shall enforce and execute these Regulations in its area.

(4) In this regulation "food authority" does not include-

(a)the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change,

(b)until 1st April 1996, the council of a district in Wales, or

(c)the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).

Defence in relation to exports

8. In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove-

(a)that the food or, as the case may be, the food additive in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that such food or food additive complies with that legislation; and

(b)in the case of export to another member State, that the legislation complies with Directive 89/107/EEC and Directive 95/2/EC.

Application of various provisions of the Act

9. The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations-

(a)section 2 (extended meaning of "sale" etc.);

(b)section 3 (presumption that food intended for human consumption);

(c)section 20 (offences due to fault of another person);

(d)section 21 (defence of due diligence);

(e)section 22 (defence of publication in the course of business);

(f)section 30(8) (which relates to documentary evidence);

(g)section 33 (obstruction etc. of officers);

(h)section 36 (offences by bodies corporate);

(i)section 44 (protection of officers acting in good faith).

Revocations and amendments

10.-(1) The Regulations specified in columns 1 and 2 of Schedule 9 shall be revoked to the extent specified in column 3 of that Schedule.

(2) In the Mineral Hydrocarbons in Food Regulations 1966(11), in regulation 3 (exemptions)-

(a)there shall be substituted for paragraph (1) the following paragraph-

"(1) Regulation 4 of these regulations shall not apply in relation to-

(a)any food containing mineral hydrocarbon by reason not of the inclusion of mineral hydrocarbon as an ingredient in such food but because of the use of mineral hydrocarbon as a lubricant or greasing agent on some surface with which such food has necessarily to come into contact during the course of preparation if such food contains by reason thereof not more than 0.2 part by weight of mineral hydrocarbon per 100 parts by weight of the food;

(b)any chewing compound which-

(i)contains no more than 60 parts by weight of solid mineral hydrocarbon per 100 parts by weight of chewing compound, and

(ii)contains no mineral hydrocarbon other than any mineral hydrocarbon which complies with the specification therefor set forth in paragraph 4 of Part I of the Schedule to these regulations;

(c)the rind of any whole pressed cheese;

(d)any food containing mineral hydrocarbon where the use of that mineral hydrocarbon in or on that food is as a miscellaneous additive, as defined in the Miscellaneous Food Additives Regulations 1995, and complies with the provisions of those Regulations.";

(b)in the proviso to paragraph (2), for the words "paragraph (1)(e)" there shall be substituted the words "paragraph (1)(b)";

(c)in paragraph (3), for the words "paragraph (1)(a) to (g)" there shall be substituted the words "paragraph (1)(a) to (c)".

(3) In the Mineral Hydrocarbons in Food (Scotland) Regulations 1966(12), in regulation 4 (exemptions)-

(a)there shall be substituted for paragraph (1) the following paragraph-

"(1) Regulation 5 of these regulations shall not apply in relation to-

(a)any food containing mineral hydrocarbon by reason not of the inclusion of mineral hydrocarbon as an ingredient in such food but because of the use of mineral hydrocarbon as a lubricant or greasing agent on some surface with which such food has necessarily to come into contact during the course of preparation if such food contains by reason thereof not more than 0.2 part by weight of mineral hydrocarbon per 100 parts by weight of the food;

(b)any chewing compound which-

(i)contains no more than 60 parts by weight of solid mineral hydrocarbon per 100 parts by weight of chewing compound, and

(ii)contains no mineral hydrocarbon other than any mineral hydrocarbon which complies with the specification therefor set forth in paragraph 4 of Part I of the Schedule to these regulations;

(c)the rind of any whole pressed cheese;

(d)any food containing mineral hydrocarbon where the use of that mineral hydrocarbon in or on that food is as a miscellaneous additive, as defined in the Miscellaneous Food Additives Regulations 1995, and complies with the provisions of those Regulations.";

(b)in the proviso to paragraph (2), for the words "paragraph (1)(e)" there shall be substituted the words "paragraph (1)(b)";

(c)in paragraph (3), for the words "paragraph (1)(a) to (g)" there shall be substituted the words "paragraph (1)(a) to (c)".

(4) In the Specified Sugar Products Regulations 1976(13) and the Specified Sugar Products (Scotland) Regulations 1976(14)-

(a)in regulation 2(1) (interpretation)-

(i)after the definition of "the Act" there shall be inserted the following definition-

(ii)there shall be substituted for the definition of "anti-foaming agent" the following definition-

(iii)there shall be substituted for the definition of "appropriate designation" the following definition-

(iv)after the definition of "loaf sugar" there shall be inserted the following definition-

""permitted miscellaneous additive" means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;";

(b)there shall be substituted for paragraph (3) of regulation 2 the following paragraph-

"(3) Any permitted miscellaneous additive (other than E 220 sulphur dioxide) specified in Part B of Schedule 2 to the Miscellaneous Food Additives Regulations 1995, if calculated as, may be used in place of, E 220 sulphur dioxide, and any reference in these regulations to the permitted miscellaneous additive sulphur dioxide shall be construed accordingly.";

(c)in regulation 5(3) (labelling and description of specified sugar products)-

(i)there shall be substituted for sub-paragraph (c) the following sub-paragraph-

"(c)for glucose syrup or dried glucose syrup containing more than 20 milligrams per kilogram of the permitted miscellaneous additive sulphur dioxide, a declaration that the product is not for sale by retail;";

(ii)there shall be substituted for sub-paragraph (e) the following sub-paragraph-

"(e)for icing sugar or icing dextrose containing any permitted miscellaneous additive used primarily as an anti-caking agent or any starch in accordance with paragraph (a) or (c) of the proviso to regulation 9, the declaration "contains X" or "contains starch" respectively, the declaration in the former case being completed by inserting at X an appropriate designation or the common or usual name of each anti-caking agent present;";

(iii)in sub-paragraph (f) there shall be substituted for the words "any anti-foaming agent in accordance with paragraph (d) of the proviso" the words "any permitted miscellaneous additive used primarily as an anti-foaming agent in accordance with paragraph (a) of the proviso";

(d)in regulation 8 (declarations of sulphur dioxide in glucose syrup and dried glucose syrup) there shall be substituted for the words from "of which the sulphur dioxide" to "20 milligrammes per kilogramme" the words "containing more than 20 milligrams per kilogram of the permitted miscellaneous additive sulphur dioxide";

(e)in the proviso to regulation 9 (permitted additional ingredients in specified sugar products)-

(i)there shall be substituted for paragraph (a) the following paragraph-

"(a)any specified sugar product may contain any permitted miscellaneous additive;";

(ii)there shall be substituted for paragraph (c) the following paragraph-

"(c)any icing sugar or icing dextrose which does not contain any permitted miscellaneous additive used primarily as an anti-caking agent may contain not more than 5 per centum of starch.".

(5) In the Cocoa and Chocolate Products Regulations 1976(15) and the Cocoa and Chocolate Products (Scotland) Regulations 1976(16)-

(a)in regulation 2(1) (interpretation)-

(i)in the definition of "edible substance" there shall be substituted for paragraph (c) the following paragraph-

"(c)any permitted miscellaneous additive";

(ii)after the definition of "permitted cocoa butter" there shall be inserted the following definition-

""permitted miscellaneous additive" means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;";

(b)in the proviso to regulation 15 (permitted additional ingredients in cocoa and chocolate products) there shall be substituted for paragraphs (a) to (c) the following paragraph-

"(a)any cocoa product or chocolate product may contain any permitted miscellaneous additive;".

(6) In the Fruit Juices and Fruit Nectars Regulations 1977(17) and the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977(18)-

(a)in regulation 2(1) (interpretation) after the definition of "human consumption" there shall be inserted the following definition-

""permitted miscellaneous additive" means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;";

(b)in the proviso to regulation 11(1) (permitted additional ingredients in fruit juice, concentrated fruit juice, dried fruit juice and fruit nectar)-

(i)there shall be substituted for sub-paragraphs (a), (e), (g), (j) and (k) the following sub-paragraph-

"(a)any such food may contain any permitted miscellaneous additive, so however that no apple juice, grape juice, pineapple juice or concentrated pineapple juice shall contain both added sugar and added acid;";

(ii)there shall be substituted for sub-paragraph (f) the following sub-paragraph-

"(f)the fruit nectars referred to in Schedule 4 may contain lemon juice, in total or partial replacement of citric acid, in a proportion not exceeding 5 grams per litre;";

(c)there shall be substituted for Schedule 4 (fruit juices, concentrated fruit juices and fruit nectars which may contain added permitted acid and the nature and proportion of added permitted acid in each case) the following Schedule-

Regulation 11

"SCHEDULE 4FRUIT NECTARS WHICH MAY CONTAIN LEMON JUICE IN PLACE OF CITRIC ACID

1. Apple nectar obtained exclusively from apple purée or concentrated apple purée or an admixture thereof

2. Peach nectar obtained exclusively from peach purée or concentrated peach purée or an admixture thereof

3. Pear nectar obtained exclusively from pear purée or concentrated pear purée or an admixture thereof

4. Any admixture of the fruit nectars referred to in items 1 to 3 above."

(7) In the Condensed Milk and Dried Milk Regulations 1977(19) and the Condensed Milk and Dried Milk (Scotland) Regulations 1977(20)-

(a)in regulation 2(1) (interpretation) there shall be substituted for the definition of "permitted miscellaneous additive" the following definition-

""permitted miscellaneous additive" means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;";

(b)in regulation 5(1) (labelling and description of condensed milk and dried milk products for retail sale) in sub-paragraph (b) there shall be substituted for the words "paragraph (c)" the words "paragraph (a)";

(c)in the proviso to regulation 9 (permitted additional ingredients in condensed milk and dried milk) there shall be substituted for paragraphs (a) to (d) the following paragraph-

"(a)any condensed milk product or dried milk product may contain any permitted miscellaneous additive;".

(8) In the Coffee and Coffee Products Regulations 1978(21) and the Coffee and Coffee Products (Scotland) Regulations 1979(22)-

(a)in regulation 2(1) (interpretation) after the definition of "human consumption" there shall be inserted the following definition-

""permitted miscellaneous additive" means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;";

(b)in the proviso to regulation 8 (permitted additional ingredients in certain designated products)-

(i)there shall be substituted for paragraphs (a), (b) and (e) the following paragraph-

"(a)any designated product may contain any permitted miscellaneous additive;"; and

(ii)in paragraph (d) there shall be inserted after the words "liquid coffee and chicory extract," the words "chicory and coffee essence,".

(9) In the Jam and Similar Products Regulations 1981(23) and the Jam and Similar Products (Scotland) Regulations 1981(24)-

(a)in regulation 2(1) (interpretation)-

(i)immediately before the definition of "permitted sweetener" there shall be inserted the following definition-

""permitted miscellaneous additive" means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;";

(ii)after the definition of "prepacked" there shall be inserted the following definition-

(b)in regulation 8(4) (miscellaneous labelling requirements) there shall be substituted for sub-paragraph (c) the following sub-paragraph-

"(c)the food contains a permitted miscellaneous additive used primarily as a preservative.";

(c)in regulation 14(1) (permitted additional ingredients) there shall be inserted at the end the words "or any permitted miscellaneous additive".

(10) In the Meat Products and Spreadable Fish Products Regulations 1984(25)-

(a)in regulation 2(1) (interpretation) in the definition of "additive" there shall be substituted for the words from "the Antioxidants in Food Regulations 1978" to "the Miscellaneous Additives in Food Regulations 1980" the words "the Miscellaneous Food Additives Regulations 1995";

(b)in regulation 5(2) (name of the food for certain meat products) in sub-paragraph (b) there shall be inserted after the words "the conditions" the words "(if any)";

(c)in Schedule 1 (ingredients of cured meat)-

(i)in the first division of ingredients in column 1 there shall be inserted after the entry "Water" the following entry-

(ii)in the third division of ingredients in column 1 there shall be substituted for the entry "Additives" the following entry-

(11) In the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984(26)-

(a)in regulation 2(1) (interpretation) in the definition of "additive" there shall be substituted for the words from "the Antioxidants in Food (Scotland) Regulations 1978" to "the Miscellaneous Additives in Food (Scotland) Regulations 1980" the words "the Miscellaneous Food Additives Regulations 1995";

(b)in regulation 5(2) (name of the food for certain meat products) in sub-paragraph (b) there shall be inserted after the words "the conditions" the words "(if any)";

(c)in Schedule 1 (ingredients of cured meat)-

(i)in the first division of ingredients in column 1 there shall be inserted after the entry "Water" the following entry-

(ii)in the third division of ingredients in column 1 there shall be substituted for the entry "Additives" the following entry-

(12) In the Food Additives Labelling Regulations 1992(27)-

(a)in regulation 2 (interpretation) after the definition of "food additive" there shall be inserted the following definitions-

(b)in Schedule 1 (categories of food additives) in Part I (list of food additives)-

(i)there shall be substituted for item 9 the following item-

"9. Flavour enhancers.";

(ii)there shall be substituted for item 19 the following item-

"19. Flour treatment agents.";

(iii)there shall be substituted for item 25 the following item-

"25. Propellants.";

(iv)there shall be inserted at the end the following item-

"27. Carriers and carrier solvents.";

(c)in Schedule 1 in Part II (supplementary)-

(i)there shall be substituted for sub-paragraphs (b) to (m) the following sub-paragraph-

"(b)"antioxidant", "preservative", "emulsifier", "emulsifying salt", "thickener", "gelling agent", "stabiliser", "flavour enhancer", "acid", "acidity regulator", "anti-caking agent" and "modified starch" mean any miscellaneous additive primarily used as an antioxidant, preservative, emulsifier, emulsifying salt, thickener, gelling agent, stabiliser, flavour enhancer, acid, acidity regulator, anti-caking agent or modified starch, as the case may be, as defined in the 1995 Regulations;";

(ii)there shall be substituted for sub-paragraphs (o) to (q) the following sub-paragraph-

"(o)"raising agent", "anti-foaming agent" and "glazing agent" mean any miscellaneous additive primarily used as a raising agent, anti-foaming agent or glazing agent, as the case may be, as defined in the 1995 Regulations;";

(iii)there shall be substituted for sub-paragraphs (r) and (s) the following sub-paragraphs-

"(r)"flour bleaching agent" means any substance primarily used to remove colour from flour;

(s)"flour treatment agent" means any substance which is added to flour or dough to improve its baking quality;";

(iv)there shall be substituted for sub-paragraphs (t) and (u) the following sub-paragraph-

"(t)"firming agent" and "humectant" mean any miscellaneous additive primarily used as a firming agent or humectant, as the case may be, as defined in the 1995 Regulations;";

(v)there shall be substituted for sub-paragraphs (w) to (z) the following sub-paragraph-

"(w)"sequestrant", "bulking agent", "propellant", "packaging gas", "carrier" and "carrier solvent" mean any miscellaneous additive primarily used as a sequestrant, bulking agent, propellant, packaging gas, carrier or carrier solvent, as the case may be, as defined in the 1995 Regulations.";

(d)in Schedule 3 (requirement for sales) in Part I in paragraph 2 and in Part II in paragraph 1 there shall be substituted for the words "EEC number" (wherever they occur) the words "EC number".

Transitional provision and exemptions

11.-(1) In any proceedings for an offence against these Regulations it shall be a defence to prove that-

(a)(i)the act was committed before 25th March 1997, or

(ii)the act was that of selling a food additive or a food which, in either case, was put on the market or labelled before 25th March 1997; and

(b)the matter constituting the offence would not have constituted an offence under any Regulations now revoked or amended by these Regulations if those Regulations had been in operation (in the case of Regulations now being amended, as if such amendments had not been made) when the act was committed or the food additive or, as the case may be, the food was put on the market or labelled.

(2) These Regulations shall not apply in respect of any food additive or, as the case may be, food which-

(a)is brought into Great Britain before 25th March 1997 from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and

(b)is suitably labelled to give the nature of the food additive or, as the case may be, the food.

(3) In so far as the purity criteria specified or referred to in Schedule 5 are not set out in any Community instrument, those purity criteria shall not apply in relation to any food additive or, as the case may be, food which-

(a)is brought into Great Britain on or after 25th March 1997 from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and

(b)is suitably labelled to give the nature of the food additive or, as the case may be, the food.

(4) For the purposes of paragraphs (2) and (3) above, "free circulation" shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.

Angela Browning

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

4th December 1995

Signed by authority of the Secretary of State for Health:

Cumberlege

Parliamentary Under Secretary of State,

Department of Health

17th November 1995

Signed by authority of the Secretary of State for Wales:

Rod Richards

Parliamentary Under Secretary of State, Welsh Office

23rd November 1995

Lindsay

Parliamentary Under Secretary of State, Scottish Office

21st November 1995

Regulations 2(1) and 3(2) to (4) and (7)

SCHEDULE 1MISCELLANEOUS ADDITIVES GENERALLY PERMITTED FOR USE IN FOODS NOT REFERRED TO IN SCHEDULE 6, 7 OR 8

Notes

(1) The substances listed under numbers E 407 and E 440 may be standardised with sugars, on condition that this is stated in addition to the number and designation.

(2) The substances E 290, E 938, E 939, E 941, E 942 and E 948 may also be used atquantum satisin the foods referred to in Schedules 6, 7 and 8.

(3) The substances E 410, E 412, E 415 and E 417 may not be used to produce dehydrated foods intended to rehydrate on ingestion.

EC No.Name
E 170

Calcium carbonates

(i)

Calcium carbonate

(ii)

Calcium hydrogen carbonate

E 260Acetic acid
E 261Potassium acetate
E 262

Sodium acetates

(i)

Sodium acetate

(ii)

Sodium hydrogen acetate (sodium diacetate)

E 263Calcium acetate
E 270Lactic acid
E 290Carbon dioxide
E 296Malic acid
E 300Ascorbic acid
E 301Sodium ascorbate
E 302Calcium ascorbate
E 304

Fatty acid esters of ascorbic acid

(i)

Ascorbyl palmitate

(ii)

Ascorbyl stearate

E 306Tocopherol-rich extract
E 307Alpha-tocopherol
E 308Gamma-tocopherol
E 309Delta-tocopherol
E 322Lecithins
E 325Sodium lactate
E 326Potassium lactate
E 327Calcium lactate
E 330Citric acid
E 331

Sodium citrates

(i)

Monosodium citrate

(ii)

Disodium citrate

(iii)

Trisodium citrate

E 332

Potassium citrates

(i)

Monopotassium citrate

(ii)

Tripotassium citrate

E 333

Calcium citrates

(i)

Monocalcium citrate

(ii)

Dicalcium citrate

(iii)

Tricalcium citrate

E 334Tartaric acid (L(+)−)
E 335

Sodium tartrates

(i)

Monosodium tartrate

(ii)

Disodium tartrate

E 336

Potassium tartrates

(i)

Monopotassium tartrate

(ii)

Dipotassium tartrate

E 337Sodium potassium tartrate
E 350

Sodium malates

(i)

Sodium malate

(ii)

Sodium hydrogen malate

E 351Potassium malate
E 352

Calcium malates

(i)

Calcium malate

(ii)

Calcium hydrogen malate

E 354Calcium tartrate
E 380Triammonium citrate
E 400Alginic acid
E 401Sodium alginate
E 402Potassium alginate
E 403Ammonium alginate
E 404Calcium alginate
E 406Agar
E 407Carrageenan
E 410Locust bean gum
E 412Guar gum
E 413Tragacanth
E 414Acacia gum (gum arabic)
E 415Xanthan gum
E 417Tara gum
E 418Gellan gum
E 422Glycerol
E 440

Pectins

(i)

pectin

(ii)

amidated pectin

E 460

Cellulose

(i)

Microcrystalline cellulose

(ii)

Powdered cellulose

E 461Methyl cellulose
E 463Hydroxypropyl cellulose
E 464Hydroxypropyl methyl cellulose
E 465
Ethyl methyl cellulose
E 466Carboxy methyl cellulose Sodium carboxy methyl cellulose
E 470aSodium, potassium and calcium salts of fatty acids
E 470bMagnesium salts of fatty acids
E 471Monoand diglycerides of fatty acids
E 472aAcetic acid esters of monoand diglycerides of fatty acids
E 472bLactic acid esters of monoand diglycerides of fatty acids
E 472cCitric acid esters of monoand diglycerides of fatty acids
E 472dTartaric acid esters of monoand diglycerides of fatty acids
E 472eMonoand diacetyl tartaric acid esters of monoand diglycerides of fatty acids
E 472fMixed acetic and tartaric acid esters of monoand diglycerides of fatty acids
E 500

Sodium carbonates

(i)

Sodium carbonate

(ii)

Sodium hydrogen carbonate

(iii)

Sodium sesquicarbonate

E 501

Potassium carbonates

(i)

Potassium carbonate

(ii)

Potassium hydrogen carbonate

E 503

Ammonium carbonates

(i)

Ammonium carbonate

(ii)

Ammonium hydrogen carbonate

E 504

Magnesium carbonates

(i)

Magnesium carbonate

(ii)

Magnesium hydroxide carbonate (syn.: Magnesium hydrogen carbonate)

E 507Hydrochloric acid
E 508Potassium chloride
E 509Calcium chloride
E 511Magnesium chloride
E 513Sulphuric acid
E 514

Sodium sulphates

(i)

Sodium sulphate

(ii)

Sodium hydrogen sulphate

E 515

Potassium sulphates

(i)

Potassium sulphate

(ii)

Potassium hydrogen sulphate

E 516Calcium sulphate
E 524Sodium hydroxide
E 525Potassium hydroxide
E 526Calcium hydroxide
E 527Ammonium hydroxide
E 528Magnesium hydroxide
E 529Calcium oxide
E 530Magnesium oxide
E 570Fatty acids
E 574Gluconic acid
E 575Glucono-delta-lactone
E 576Sodium gluconate
E 577Potassium gluconate
E 578Calcium gluconate
E 640Glycine and its sodium salt
E 938Argon
E 939Helium
E 941Nitrogen
E 942Nitrous oxide
E 948Oxygen
E 1200Polydextrose
E 1404Oxidised starch
E 1410Monostarch phosphate
E 1412Distarch phosphate
E 1413Phosphated distarch phosphate
E 1414Acetylated distarch phosphate
E 1420Acetylated starch
E 1422Acetylated distarch adipate
E 1440Hydroxy propyl starch
E 1442Hydroxy propyl distarch phosphate
E 1450Starch sodium octenyl succinate

Regulations 2(1) and 3(5)

SCHEDULE 2CONDITIONALLY PERMITTED PRESERVATIVES AND ANTIOXIDANTS

PART ASorbates, benzoates and p-hydroxybenzoates

EC No.NameAbbreviation
a

Benzoic acid may be present in certain fermented products resulting from the fermentation process following good manufacturing practice.

E 200

E 202

E 203

Sorbic acid

Potassium sorbate

Calcium sorbate

} Sa

E 210

E 211

E 212

E 213

Benzoic acid

Sodium benzoate

Potassium benzoate

Calcium benzoate

} Baa

E 214

E 215

E 216

E 217

E 218

E 219

Ethyl p-hydroxybenzoate

Sodium ethyl p-hydroxybenzoate

Propyl p-hydroxybenzoate

Sodium propyl p-hydroxybenzoate

Methyl p-hydroxybenzoate

Sodium methyl p-hydroxybenzoate

} PHB

Notes

1. The levels of all substances mentioned above are expressed as the free acid.

2. The abbreviations used in the table mean the following: Sa + Ba: Sa and Ba used singly or in combination

Sa + PHB: Sa and PHB used singly or in combination

Sa + Ba + PHB: Sa, Ba and PHB used singly or in combination.

3. The maximum levels of use indicated refer to foods ready for consumption prepared following manufacturers' instructions.

FoodMaximum level (mg/kg or mg/l as appropriate)
SaBaPHBSa + BaSa + PHBSa + Ba + PHB
Wine-based flavoured drinks including products covered by Regulation (EEC) No. 1601/91(28)200
Non-alcoholic flavoured drinks (excluding dairy-based drinks)300150250 Sa+ 150 Ba
Liquid tea concentrates and liquid fruit and herbal infusion concentrates600
Grape juice, unfermented, for sacramental use2000
Wines as referred to in Regulation (EEC) No. 822/87(29); alcohol-free wine; fruit wine (including alcohol-free);made wine; cider and perry (including alcohol-free)200
Sød-� Saft or Sødet-� Saft500200
Alcohol-free beer in keg200
Mead200
Spirits with less than 15% alcohol by volume200200400
Fillings of ravioli and similar products1000
Low-sugar jams, jellies, marmalades and similar low calorie or sugar-free products and other fruit-based spreads;Mermeladas5001000
Candied, crystallised and glacé fruit and vegetables1000
Dried fruit1000
FrugtgrødandRote Grütze1000500
Fruit and vegetable preparations including fruit-based sauces, excluding purée, mousse, compote, salads and similar products, canned or bottled1000
Vegetables in vinegar, brine or oil (excluding olives)2000
Potato dough and pre-fried potato slices2000
Gnocchi1000
Polenta200
Olives and olive-based preparations1000
Jelly coatings of meat products (cooked, cured or dried); Paté1000
Surface treatment of dried meat productsquantum satis
Semi-preserved fish products including fish roe products2000
Salted, dried fish200
Shrimps, cooked2000
Crangon crangonandCrangon vulgaris,cooked6000
Cheese, pre-packed, sliced1000
Unripened cheese1000
Processed cheese2000
Layered cheese and cheese with added foods1000
Non-heat-treated dairy-based desserts300
Curdled milk1000
Liquid egg (white, yolk or whole egg)5000
Dehydrated, concentrated, frozen and deep-frozen egg products1000
Pre-packed sliced bread and rye-bread2000
Partially baked, pre-packed bakery wares intended for retail sale2000
Fine bakery wares with a water activity of more than 0.652000
Cerealor potato-based snacks and coated nuts1000 (max. 300 PHB)
Batters2000
Confectionery (excluding chocolate)1500 (max. 300 PHB)
Chewing gum1500
Toppings (syrups for pancakes, flavoured syrups for milkshakes and ice cream; similar products)1000
Fat emulsions (excluding butter) with a fat content of 60% or more1000
Fat emulsions with a fat content less than 60%2000
Emulsified sauces with a fat content of 60% or more1000
Emulsified sauces with a fat content less than 60%2000
Non-emulsified sauces1000
Prepared salads1500
Mustard1000
Seasonings and condiments1000
Liquid soups and broths (excluding canned)500
Aspic1000500
Liquid dietary food supplements2000
Dietetic foods intended for special medical purposes excluding foods for infants and young children as referred to in Directive 89/398/EEC dietetic formulae for weight control intended to replace total daily food intake or an individual meal1500

PART BSulphur dioxide and sulphites

EC No.Name
E 220Sulphur dioxide
E 221Sodium sulphite
E 222Sodium hydrogen sulphite
E 223Sodium metabisulphite
E 224Potassium metabisulphite
E 226Calcium sulphite
E 227Calcium hydrogen sulphite
E 228Potassium hydrogen sulphite

Notes

(1) Maximum levels are expressed as SO2 in mg/kg or mg/l as appropriate and relate to the total quantity, available from all sources.

(2) An SO2 content of not more than 10 mg/kg or 10 mg/l is not considered to be present.

FoodMaximum level (mg/kg or mg/l as appropriate) Expressed as SO2
Burger meatwith a minimum vegetable and/or cereal content of 4%450
Breakfast sausages450
Longaniza frescaandButifarra fresca450
Dried salted fish of the `Gadidae' species200
Crustaceans and cephalopods -� fresh, frozen and deep-frozen crustaceans,150(30)
penaeidae solenceridae, aristeidaefamily:
up to 80 units150(30)
between 80 and 120 units200(30)
over 120 units300(30)
cooked50(30)
Dry biscuit50
Starches (excluding starches for weaning foods, follow-on formulae and infant formulae)50
Sago30
Pearl barley30
Dehydrated granulated potatoes400
Cereal-and potato-based snacks50
Peeled potatoes50
Processed potatoes (including frozen and deep-frozen potatoes)100
Potato dough100
White vegetables, dried400
White vegetables, processed (including frozen and deep-frozen white vegetables)50
Dried ginger150
Dried tomatoes200
Horseradish pulp800
Onion, garlic and shallot pulp300
Vegetables and fruits in vinegar, oil or brine (except olives and golden peppers in brine)100
Golden peppers in brine500
Processed mushrooms (including frozen mushrooms)50
Dried mushrooms100
Dried fruits
apricots, peaches, grapes, prunes and figs2000
bananas1000
apples and pears600
other (including nuts in shell)500
Dried coconut50
Candied, crystallised or glacé fruit, vegetables, angelica and citrus peel100
Jam, jelly and marmalade as defined in Directive 79/693/EEC(31) (except extra jam and extra jelly) and other similar fruit spreads including low-calorie products50
Jams, jelliesandmarmaladesmade with sulphited fruit100
Fruit-based pie fillings100
Citrus-juice-based seasonings200
Concentrated grape juice for home wine-making2000
Mostarda di frutta100
Jellying fruit extract, liquid pectin for sale to the final consumer800
Bottled whiteheart cherries, rehydrated dried fruit and lychees100
Bottled, sliced lemon250
Sugars as defined in Directive 73/437/EEC(32) except glucose syrup, whether or not dehydrated15
Glucose syrup, whether or not dehydrated20
Treacle and molasses70
Other sugars40
Toppings (syrups for pancakes, flavoured syrups for milkshakes and ice cream; similar products)40
Orange, grapefruit, apple and pineapple juice for bulk dispensing in catering establishments50
Lime and lemon juice350
Concentrates based on fruit juice and containing not less than 2.5% barley (barley water)350
Other concentrates based on fruit juice or comminuted fruit;capilé groselha250
Non-alcoholic flavoured drinks containing fruit juice20 (carry-over from concentrates only)
Non-alcoholic flavoured drinks containing at least 235 g/l glucose syrup50
Grape juice, unfermented, for sacramental use70
Glucose-syrup-based confectionery50 (carry-over from the glucose syrup only)
Beer including low-alcohol and alcohol-free beer20
Beer with a second fermentation in the cask50
Wines

in accordance with Regulations (EEC) No. 822/87, (EEC) No. 4252/88(33), (EEC) No. 2332/92(34) and (EEC) No. 1873/84(35) and their implementing regulations;

(pro memoria) in accordance with Regulation (EEC) No. 1873/84 authorising the offer or disposal for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No. 337/79(36).

Alcohol-free wine200
Made wine260
Cider, perry, fruit wine, sparkling fruit wine (including alcohol-free products)200
Mead200
Fermentation vinegar170
Mustard, excluding Dijon mustard250
Dijon mustard500
Gelatin50
Vegetableand cereal-protein-based meat, fish and crustacean analogues200

PART COther preservatives

EC No.NameFoodMaximum level
E 230Biphenyl, diphenylSurface treatment of citrus fruits70 mg/kg

E 231

E 232

Orthophenyl phenol }

Sodium orthophenyl phenol }

Surface treatment of citrus fruits12 mg/kg individually or in combination expressed as orthophenyl phenol
E 233ThiabendazoleSurface treatment of: citrus fruit bananas6 mg/kg 3 mg/kg
E 234Nisin(37)

Semolina and tapioca puddings and similar products

Ripened cheese and processed cheese

Clotted cream

3 mg/kg

12.5 mg/kg

10 mg/kg

E 235NatamycinSurface treatment of: hard, semi-hard and semi-soft cheese dried, cured sausages} 1 mg/dm2 surface (not present at a depth of 5 mm)
E 239Hexamethylene tetramineProvolonecheese25 mg/kg residual amount, expressed as formaldehyde
E 242Dimethyl dicarbonateNon-alcoholic flavoured drinks Alcohol-free wine Liquid-tea concentrate} 250 mg/l ingoing amount, residues not detectable

E 284

E 285

Boric acid

Sodium tetraborate (borax)

Sturgeons' eggs (Caviar)4 g/kg expressed as boric acid
EC No.NameFoodIndicative ingoing amount mg/kgResidual amount mg/kg

E 249

E 250

Potassium nitrite(38)

Sodium nitrite(38)

Non-heat-treated, cured, dried meat products

Other cured meat products Canned meat productsFoie gras, foie gras entier, blocs de foie gras

Cured bacon

150(39)

150(39)

50(40)

100(40)

175(40)

E 251

E 252

Sodium nitrate

Potassium nitrate

Cured meat products Canned meat products

Hard, semi-hard and semi-soft cheese Dairy-based cheese analogue

Pickled herring and sprat

300

250(41)

50(41)

200(42)

E 280

E 281

E 282

E 283

Propionic acid(43)

Sodium propionate(43)

Calcium propionate(43)

Potassium propionate(43)

Pre-packed sliced bread and rye bread

Energy reduced bread Partially baked, pre-packed bread

Pre-packed fine bakery wares (including flour confectionery) with a water activity of more than 0.65

Pre-packed Rolls, buns andpitta

Christmas puddingPre-packed bread

3000 mg/kg expressed as propionic acid

2000 mg/kg expressed as propionic acid

1000 mg/kg expressed as propionic acid

E 1105LysozymeRipened cheesequantum satis

PART DOther antioxidants

EC No.NameFoodMaximum level (mg/kg)

E 310

E 311

E 312

E 320

E 321

Propyl gallate

Octyl gallate

Dodecyl gallate

Butylated hydroxyanisole (BHA)

Butylated hydroxytoluene (BHT)

Fats and oils for the professional manufacture of heat-treated foods Frying oil and frying fat, excluding olive pomace oil Lard; fish oil; beef, poultry and sheep fat

Cake mixes Cereal-based snack foods Milk powder for vending machines Dehydrated soups and broths Sauces Dehydrated meat Processed nuts Seasonings and condiments Pre-cooked cereals

Dehydrated granulated potatoes

Chewing gum Dietary supplements

200(44) (gallates and BHA, individually or in combination)

100(44)

(BHT) both expressed on fat

200 (gallates and BHA, individually or in combination)

expressed on fat

25 (gallates and BHA, individually or in combination)

400 (gallates, BHT and BHA, individually or in combination)

E 315

E 316

Erythorbic acid

Sodium erythorbate

Semi-preserved and preserved meat products

Preserved and semi-preserved fish products Frozen and deep-frozen fish with red skin

500 expressed as erythorbic acid

1500 expressed as erythorbic acid

Regulations 2(1) and 3(5)

SCHEDULE 3OTHER PERMITTED MISCELLANEOUS ADDITIVES

The maximum levels of use indicated refer to foods ready for consumption prepared following manufacturers' instructions.

EC No.NameFoodMaximum level
E 297Fumaric acid(pro memoria)Wine in accordance with Regulation (EEC) No. 1873/84 authorising the offer or disposal for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No. 337/79
Fillings and toppings for fine bakery wares2.5 g/kg
Sugar confectionery1 g/kg
Gel-like desserts Fruit-flavoured desserts Dry powdered dessert mixes4 g/kg
Instant powders for fruit based drinks1 g/lInstant tea powder1 g/l
Chewing gum2 g/kg
In the following applications, the indicated maximum quantities of phosphoric acid and the phosphates E 338, E 339, E 340, E 341, E 450, E 451 and E 452 may be added individually or in combination (expressed as P2O5).

E 338

E 339

E 340

E 341

E 450

E 451

Phosphoric acid

Sodium phosphates

(i)

Monosodium phosphate

(ii)

Disodium phosphate

(iii)

Trisodium phosphate

Potassium phosphates

(i)

Monopotassium phosphate

(ii)

Dipotassium phosphate

(iii)

Tripotassium phosphate

Calcium phosphates

(i)

Monocalcium phosphate

(ii)

Dicalcium phosphate

(iii)

Tricalcium phosphate

Diphosphates

(i)

Disodium diphosphate

(ii)

Trisodium diphosphate

(iii)

Tetrasodium diphosphate

(iv)

Dipotassium diphosphate

(v)

Tetrapotassium diphosphate

(vi)

Dicalcium diphosphate

(vii)

Calcium dihydrogen diphosphate

Triphosphates

(i)

Pentasodium triphosphate

(ii)

Pentapotassium triphosphate

Non-alcoholic flavoured drinks

Sterilised and UHT milk

Partly dehydrated milk with less than 28% solids

Partly dehydrated milk with more than 28% solids

Dried milk and dried skimmed milk

Pasteurised, sterilised and UHT creams

Whipped cream and vegetable fat analogues

Unripened cheese (exceptMozzarella)

Processed cheese and processed cheese analogues

Meat Products

Sport drinks and prepared table waters

Dietary supplements

Salt and its substitutes

Vegetable protein drinks

Beverage whiteners

Beverage whiteners for vending machines

Edible ices

700 mg/l(45)

1 g/l

1 g/kg

1.5 g/kg

2.5 g/kg

5 g/kg

5 g/kg

2 g/kg

20 g/kg

5 g/kg

0.5 g/l

quantum satis

10 g/kg

20 g/l

30 g/kg

50 g/kg

1 g/kg

E 452

Polyphosphates

(i)

Sodium polyphosphate

(ii)

Potassium polyphosphate

(iii)

Sodium calcium polyphosphate

(iv)

Calcium polyphosphates

Desserts

Dry powdered dessert mixes

Fine bakery wares

Flour

Flour, self raising

Soda bread

Liquid egg (white, yolk or whole egg)

Sauces

Soups and broths

Tea and herbal infusions

Cider and perry

Chewing gum

Dried powdered foods

Chocolate and malt dairy-based drinks

Alcoholic drinks (excluding wine and beer)

Breakfast cereals

Snacks

Surimi

Fish and crustacean paste

Toppings (syrups for pancakes, flavoured syrups for milkshakes and ice cream; similar products)

Special formulae for particular nutritional uses

Glazings for meat and vegetable products

Sugar confectionery

Icing sugar

Noodles

Batters

Fillets of unprocessed fish, frozen and deep-frozen

Frozen and deep-frozen crustacean products

Processed potato products (including frozen, deep-frozen, chilled and dried processed products)

3 g/kg

7 g/kg

20 g/kg

2.5 g/kg

20 g/kg

20 g/kg

10 g/kg

5 g/kg

3 g/kg

2 g/l

2 g/l

quantum satis(46)

10 g/kg(47)

2 g/l

1 g/l

5 g/kg

5 g/kg

1 g/kg

5 g/kg

3 g/kg

5 g/kg

4 g/kg

5 g/kg

10 g/kg

2 g/kg

5 g/kg

5 g/kg

5 g/kg

5 g/kg

E 431Polyoxyethylene (40) stearate(pro memoria)Wine in accordance with Regulation (EEC) No. 1873/84 authorising the offer or disposal for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No. 337/79
E 353Metatartaric acidWine in accordance with Regulatins (EEC) No. 822/87, (EEC) No. 4252/88, (EEC) No. 2332/92 and (EEC) No. 1873/84 and their implementing regulations
Made wine100 mg/l

E 355

E 356

E 357

Adipic acid

Sodium adipate

Potassium adipate

Fillings and toppings for fine bakery wares

Dry powdered dessert mixes

Gel-like desserts

Fruit-flavoured desserts

Powders for home preparation of drinks

2 g/kg

1 g/kg

6 g/kg

1 g/kg

10 g/l

expressed as adipic acid

E 363Succinic acid

Desserts

Soups and broths

Powders for home preparation of drinks

6 g/kg

5 g/kg

3 g/l

E 385Calcium disodium ethylene diamine tetra-acetate (Calcium disodium EDTA)

Emulsified sauces

Canned and bottled pulses, legumes, mushrooms and artichokes

Canned and bottled crustaceans and molluscs

Canned and bottled fish

Minarine

Frozen and deep-frozen crustaceans

75 mg/kg

250 mg/kg

75 mg/kg

75 mg/kg

100 mg/kg

75 mg/kg

E 405Propane-1,2-diol alginate

Fat emulsions

Fine bakery wares

Fillings, toppings and coatings for fine bakery wares and desserts

Sugar confectionery

Water-based edible ices

Cereal-and potato-based snacks

Sauces

Beer

Chewing gum

Fruit and vegetable preparations

Non-alcoholic flavoured drinks

Emulsified liqueur

Dietetic foods intended for special medical purposes

Dietetic formulae for weight control intended to replace total daily food intake or an individual meal

Dietary food supplements

3 g/kg

2 g/kg

5 g/kg

1.5 g/kg

3 g/kg

3 g/kg

8 g/kg

100 mg/l

5 g/kg

5 g/kg

300 mg/l

10 g/l

1.2 g/kg

1 g/kg

E 416Karaya gumCerealand potato-based snacks

Nut coatings

Fillings, toppings and coatings for fine bakery wares

Desserts

Emulsified sauces

Egg-based liqueurs

Dietary food supplements

Chewing gum

5 g/kg

10 g/kg

5 g/kg

6 g/kg

10 g/kg

10 g/l

quantum satis

5 g/kg

E 420

E 421

E 953

E 965

E 966

E 967

Sorbitol

(i)

Sorbitol

(ii)

Sorbitol syrup

Mannitol

Isomalt

Maltitol

(i)

Maltitol

(ii)

Maltitol syrup

Lactitol

Xylitol

Foods in general (except drinks and those foods referred to in Schedules 6, 7 and 8)

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

Liqueurs

quantum satis(for purposes other than sweetening)

E 432

E 433

E 434

E 435

E 436

Polyoxyethylene sorbitan monolaurate (polysorbate 20)

Polyoxyethylene sorbitan monooleate (polysorbate 80)

Polyoxyethylene sorbitan monopalmitate (polysorbate 40)

Polyoxyethylene sorbitan monostearate (polysorbate 60)

Polyoxyethylene sorbitan tristearate (polysorbate 65)

Fine bakery wares

Fat emulsions for baking purposes

Milk and cream analogues

Edible ices

Desserts

Sugar confectionery

Emulsified sauces

Soups

Chewing gum

Dietary food supplements

Dietetic foods intended for special medical purposes

Dietetic formulae for weight control intended to replace total daily food intake or an individual meal

3 g/kg

10 g/kg

5 g/kg

1 g/kg

3 g/kg

1 g/kg

5 g/kg

1 g/kg

5 g/kg

quantum satis1 g/kg

Individually or in combination

E 442Ammonium phosphatides

Cocoa and chocolate products as defined in Directive 73/241/EEC(48)

Cocoa-based confectionery

10 g/kg

10 g/kg

E 444Sucrose acetate isobutyrateNon-alcoholic flavoured cloudy drinks300 mg/l
E 445Glycerol esters of wood rosinsNon-alcoholic flavoured cloudy drinks100 mg/l

E 473

E 474

Sucrose esters of fatty acids

Sucroglycerides

Canned liquid coffee

Heat-treated meat products

Fat emulsions for baking purposes

Fine bakery wares

Beverage whiteners

Edible ices

Sugar confectionery

Desserts

Sauces

Soups and broths

Fresh fruits, surface treatment

Non-alcoholic aniseed-based drinks

Non-alcoholic coconut and almond drinks

Spirituous beverages (excluding wine and beer)

Powders for the preparation of hot beverages

Dairy-based drinks

Dietary food supplements

Dietetic foods intended for special medical purposes

Dietetic formulae for weight control intended to replace total daily food intake or an individual meal

Chewing gum

1 g/l

5 g/kg

(on fat) 10 g/kg

10 g/kg

20 g/kg

5 g/kg

5 g/kg

5 g/kg

10 g/kg

2 g/kg

quantum satis5 g/l

5 g/l

5 g/l

10 g/l

5 g/l

quantum satis5 g/kg

10 g/kg

Individually or in combination

E 475Polyglycerol esters of fatty acids

Fine bakery wares

Emulsified liqueurs

Egg products

Beverage whiteners

Chewing gum

Fat emulsions

Milk and cream analogues

Sugar confectionery

Desserts

Dietary food supplements

Dietetic foods intended for special medical purposes

Dietetic formulae for weight control intended to replace total daily food intake or an individual meal

Granola-type breakfast cereals

10 g/kg

5 g/l

1 g/kg

0.5 g/kg

5 g/kg

5 g/kg

5 g/kg

2 g/kg

2 g/kg

quantum satis5 g/kg

10 g/kg

E 476Polyglycerol polyricinoleate

Low and very low fat spreads and dressings

Cocoa-based confectionery, including chocolate

4 g/kg

5 g/kg

E 477Propane-1,2-diol esters of fatty acids

Fine bakery wares

Fat emulsions for baking purposes

Milk and cream analogues

Beverage whiteners

Edible ices

Sugar confectionery

Desserts

Whipped dessert toppings other than cream

Dietetic foods intended for special medical purposes

Dietetic formulae for weight control intended to replace total daily food intake or an individual meal

5 g/kg

10 g/kg

5 g/kg

1 g/kg

3 g/kg

5 g/kg

5 g/kg

30 g/kg

1 g/kg

E 479bThermally oxidised soya bean oil interacted with monoand diglycerides of fatty acidsFat emulsions for frying purposes5 g/kg

E 481

E 482

Sodium stearoyl-2-lactylate

Calcium stearoyl-2-lactylate

Fine bakery wares

Quick-cook rice

Breakfast cereals

Emulsified liqueur

Spirits with less than 15% alcohol by volume

Cereal-based snacks

Chewing gum

Fat emulsions

Desserts

Sugar confectionery

Beverage whiteners

Cerealand potato-based snacks

Minced and diced canned meat products

Powders for the preparation of hot beverages

Dietetic foods intended for special medical purposes

Dietetic formulae for weight control intended to replace total daily food intake or an individual meal

Bread (except that referred to in Schedule 7)

Mostarda di frutta

5 g/kg

4 g/kg

5 g/kg

8 g/l

8 g/l

2 g/kg

2 g/kg

10g/kg

5 g/kg

5 g/kg

3 g/kg

5 g/kg

4 g/kg

2 g/l

2 g/kg

3 g/kg

2 g/kg

Individually or in combination

E 483Stearyl tartrate

Bakery wares (except breads referred to in Schedule 7)

Desserts

4 g/kg

5 g/kg

E 491

E 492

E 493

E 494

E 495

Sorbitan monostearate

Sorbitan tristearate

Sorbitan monolaurate

Sorbitan monooleate

Sorbitan monopalmitate

Fine bakery wares

Toppings and coatings for fine bakery wares

Jelly marmalade

Fat emulsions

Milk and cream analogues

Beverage whiteners

Liquid tea concentrates and liquid fruit and herbal infusions concentrates

Edible ices

Desserts

Sugar confectionery

Cocoa-based confectionery, including chocolate

Emulsified sauces

Dietary food supplements

Yeast for baking

Chewing gum

Dietetic foods intended for special medical purposes

Dietetic formulae for weight control intended to replace total daily food intake or an individual meal(pro memoria)For E 491 only, wine in accordance with Regulation (EEC) No. 1873/84 authorising the offer or disposal for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No. 337/79

10 g/kg

5 g/kg

25 mg/kg(49)

10 g/kg

5 g/kg

5 g/kg

0.5 g/l

0.5 g/kg

5 g/kg

5 g/kg

10 g/kg(50)

5 g/kg

quantum satis

quantum satis

5 g/kg

5 g/kg

Individually or in combination

E 512Stannous chlorideCanned and bottled white asparagus25 mg/kg as tin

E 520

E 521

E 522

E 523

Aluminium sulphate

Aluminium sodium sulphate

Aluminium potassium sulphate

Aluminium ammonium sulphate

Egg white

Candied, crystallised and glacé fruit and vegetables

30 mg/kg

200 mg/kg

Individually or in combination, expressed as aluminium

E 541Sodium aluminium phosphate, acidicFine bakery wares (sconesand sponge wares only)1 g/kg expressed as aluminium

E 535

E 536

E 538

Sodium ferrocyanide

Potassium ferrocyanide

Calcium ferrocyanide

Salt and its substitutes

20 mg/kg

Individually or in combination, expressed as anhydrous potassium ferrocyanide

E 551

E 552

E 553a

E 553b

E 554

E 555

E 556

E 559

Silicon dioxide Calcium silicate

(i)

Magnesium silicate

(ii)

Magnesium trisilicate(51)

Talc(51)

Sodium aluminium silicate

Potassium aluminium silicate

Calcium aluminium silicate

Aluminium silicate (Kaolin)

Dried powdered foods (including sugars)

Salt and its substitutes

Dietary food supplements

Foods in tablet and coated tablet form

Sliced hard cheese and sliced processed cheese

Chewing gum

Rice

Sausages (surface treatment only)

Moulded jelly sweets (surface treatment only)

10 g/kg

10 g/kg

quantum satis

quantum satis

10 g/kg

Individually or in combination

quantum satis(52)

E 579

E 585

Ferrous gluconate

Ferrous lactate

Olives darkened by oxidation150 mg/kg as iron

E 620

E 621

E 622

E 623

E 624

E 625

Glutamic acid

Monosodium glutamate

Monopotassium glutamate

Calcium diglutamate

Monoammonium glutamate

Magnesium diglutamate

Foods in general (except those referred to in Schedules 6, 7 and 8)

Condiments and seasonings

10 g/kg

Individually or in combination

quantum satis

E 626

E 627

E 628

E 629

E 630

E 631

E 632

E 633

E 634

E 635

Guanylic acid

Disodium guanylate

Dipotassium guanylate

Calcium guanylate

Inosinic acid

Disodium inosinate

Dipotassium inosinate

Calcium inosinate

Calcium 5'-ribonucleotides

Disodium 5'-ribonucleotides

Foods in general (except those referred to in Schedules 6, 7 and 8)

Seasonings and condiments

500 mg/kg individually or in combination, expressed as guanylic acid

quantum satis

E 900Dimethyl polysiloxane

Jam, jellies and marmalades as defined in Directive 79/693/EEC and similar fruit spreads, including low calorie products

Soups and broths

Oils and fats for frying

Confectionery (excluding chocolate)

Non-alcoholic flavoured drinks

Pineapple juice

Canned and bottled fruit and vegetables

Chewing gum

(pro memoria)Wine in accordance with Regulation (EEC) No. 1873/84 authorising the offer or disposal for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No. 337/79

Sød-�saft

Batters

10 mg/kg

10 mg/kg

10 mg/kg

10 mg/kg

10 mg/l

10 mg/l

10 mg/kg

100 mg/kg

10 mg/l

10 mg/kg

E 901

E 902

E 903

E 904

Beeswax, white and yellow

Candelilla wax

Carnauba wax

Shellac

As glazing agents only for:

Confectionery (including chocolate)

Small products of fine bakery wares coated with chocolate

Snacks

Nuts

Coffee beans

Dietary food supplements

Fresh citrus fruits, melons, apples and pears (surface treatment only)

quantum satis

quantum satis

quantum satis

E 912

E 914

Montan acid esters

Oxidised polyethylene wax

Fresh citrus fruits (surface treatment only)quantum satis
E 927bCarbamideChewing gum without added sugars30 g/kg

E 950

E 951

E 957

Acesulfame-K

Aspartame

Thaumatin

Chewing gum with added sugars

800 mg/kg(53)

2500 mg/kg(53)

10 mg/kg(53) (as flavour enhancer only)

E 959Neohesperidine DC

Chewing gum with added sugars

Margarine

Minarine

Meat products

Fruit jellies

Vegetable proteins

150 mg/kg(53)

5 mg/kg (as flavour enhancer only)

E 999Quillaia extractWater-based flavoured non-alcoholic drinks200 mg/l calculated as anhydrous extract

E 1201

E 1202

Polyvinylpyrrolidone

Polyvinylpolypyrrolidone

Dietary food supplements in tablet and coated tablet formquantum satis
E 1505Triethyl citrateDried egg whitequantum satis

Propane(54)

Butane(54)

Iso-Butane(54)

Garlic flavoured oil spray for producing garlic bread and pizza

Vegetable oil pan spray for professional use only

quantum satis

Regulations 2(1), 3(6) and 5(2)

SCHEDULE 4PERMITTED CARRIERS AND CARRIER SOLVENTS

EC No.NameRestricted use
Propan-1,2-diol (propylene glycol)Colours, emulsifiers, antioxidants and enzymes (maximum 1 g/kg in or on the food)

E 422

E 420

E 421

E 953

E 965

E 966

E 967

Glycerol

Sorbitol

Mannitol

Isomalt

Maltitol

Lactitol

Xylitol

E 400-404Alginic acid and its sodium, potassium, calcium and ammonium salts

E 405

E 406

E 407

E 410

E 412

E 413

E 414

E 415

E 440

Propan-1,2-diol alginate

Agar

Carrageenan

Locust bean gum

Guar gum

Tragacanth

Acacia gum (gum arabic)

Xanthan gum

Pectins

E 432

E 433

E 434

E 435

E 436

Polyoxyethylene sorbitan monolaurate (polysorbate 20)

Polyoxyethylene sorbitan monooleate (polysorbate 80)

Polyoxyethylene sorbitan monopalmitate (polysorbate 40)

Polyoxyethylene sorbitan monostearate (polysorbate 60)

Polyoxyethylene sorbitan tristearate (polysorbate 65)

Antifoaming agents, colours and fat-soluble antioxidants
E 442Ammonium phosphatidesAntioxidants

E 460

E 461

E 463

E 464

E 465

E 466

Cellulose (microcrystalline or powdered)

Methyl cellulose

Hydroxypropyl cellulose

Hydroxypropyl methyl cellulose

Ethyl methyl cellulose

Carboxy methyl cellulose

Sodium carboxy methyl cellulose

E 322

E 470b

E 471

E 472a

E 472c

E 472e

E 473

E 475

Lecithins

Magnesium salts of fatty acids

Monoand diglycerides of fatty acids

Acetic acid esters of monoand diglycerides of fatty acids

Citric acid esters of monoand diglycerides of fatty acids

Monoand diacetyl tartaric acid esters of monoand diglycerides of fatty acids

Sucrose esters of fatty acids

Polyglycerol esters of fatty acids

Colours and fat-soluble antioxidants

E 491

E 492

E 493

E 494

E 495

Sorbitan monostearate

Sorbitan tristearate

Sorbitan monolaurate

Sorbitan monooleate

Sorbitan monopalmitate

Colours and anti-foaming agents

E 1404

E 1410

E 1412

E 1413

E 1414

E 1420

E 1422

E 1440

E 1442

E 1450

Oxidised starch

Monostarch phosphate

Distarch phosphate

Phosphated distarch phosphate

Acetylated distarch phosphate

Acetylated starch

Acetylated distarch adipate

Hydroxy propyl starch

Hydroxy propyl distarch phosphate

Starch sodium octenyl succinate

E 170

E 263

E 331

E 332

E 341

E 501

E 504

E 508

E 509

E 511

E 514

E 515

E 516

E 517

Calcium carbonates

Calcium acetate

Sodium citrates

Potassium citrates

Calcium phosphates

Potassium carbonates

Magnesium carbonates

Potassium chloride

Calcium chloride

Magnesium chloride

Sodium sulphate

Potassium sulphate

Calcium sulphate

Ammonium sulphate

E 577

E 640

E 1505

E 1518

Potassium gluconate

Glycine and its sodium salt

Triethyl citrate

Glyceryl triacetate (triacetin)

E 551

E 552

Silicon dioxide

Calcium silicate

Emulsifiers and colours, max. 5%

E 553b

E 558

E 559

Talc

Bentonite

Aluminium silicate (Kaolin)

Colours, max. 5%
E 901BeeswaxColours
E 1200Polydextrose

E 1201

E 1202

Polyvinylpyrrolidone

Polyvinylpolypyrrolidone

Sweeteners

Regulations 2(1) and 11(3)

SCHEDULE 5PURITY CRITERIA

Each miscellaneous additive for which specific purity criteria are specified or referred to below shall not contain-

(a)more than 3 milligrams per kilogram of arsenic;

(b)more than 10 milligrams per kilogram of lead;

(c)more than 50 milligrams per kilogram of copper, or 25 milligrams per kilogram of zinc or 50 milligrams per kilogram of any combination of copper and zinc,

except in so far as those specific purity criteria provide otherwise or in the case of E 957 Thaumatin.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 65/66/EEC(55) as amended by Council Directive 67/428/EEC(56) and Council Directive 76/463/EEC(57).

In the case of:-

the appropriate specific purity criteria contained in Council Directive 65/66/EEC as amended by Council Directive 76/463/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 65/66/EEC as amended by Council Directive 67/428/EEC and Council Directive 76/463/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 65/66/EEC as amended by Council Directive 76/463/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 65/66/EEC as amended by Council Directive 67/428/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 65/66/EEC as amended by Council Directive 76/463/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 65/66/EEC as amended by Council Directive 67/428/EEC and Council Directive 76/463/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 65/66/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 65/66/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 65/66/EEC as amended by Council Directive 67/428/EEC and Council Directive 76/463/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive No. 78/664/EEC(59).

In the case of:-

the appropriate specific purity criteria contained in Council Directive no. 78/664/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 78/663/EEC(61) as amended by Article 1.2(a) of Council Directive 82/504/EEC(62).

In the case of:-

the appropriate specific purity criteria contained in Council Directive 78/663/EEC.

In the case of:-

the appropriate specific purity criteria contained in Commission Directive 95/31/EC(64).

In the case of:-

the appropriate specific purity criteria contained in Council Directive 78/663/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 78/663/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 78/663/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 78/663/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 78/663/EEC.

In the case of:-

the appropriate specific purity criteria contained in Council Directive 78/663/EEC.

In the case of:-

the appropriate specific purity criteria contained in Commission Directive 95/31/EEC.

Regulations 3(2) and (4) and 4(3)

SCHEDULE 6FOODS IN WHICH MISCELLANEOUS ADDITIVES LISTED IN SCHEDULE 1 ARE GENERALLY PROHIBITED

Unprocessed foods

Honey as defined in Directive 74/409/EEC(66)

Non-emulsified oils and fats of animal or vegetable origin

Butter

Pasteurised and sterilised (including UHT sterilisation) milk and cream (including skimmed, plain and semi-skimmed)

Unflavoured, live fermented milk products

Natural mineral water as defined in Directive 80/777/EEC(67) and spring water

Coffee (excluding flavoured instant coffee) and coffee extracts

Unflavoured leaf tea

Sugars as defined in Directive 73/437/EEC

Dry pasta

Natural unflavoured buttermilk (excluding sterilised buttermilk)

Regulations 3(2) to (4) and 4(3)

SCHEDULE 7FOODS IN WHICH A LIMITED NUMBER OF MISCELLANEOUS ADDITIVES LISTED IN SCHEDULE 1 MAY BE USED

FoodAdditiveMaximum level
Cocoa and chocolate products as defined in Directive 73/241/EEC(68)

E 330 Citric acid

E 322 Lecithins

E 334 Tartaric acid

E 422 Glycerol E 471 Monoand diglycerides of fatty acids

E 170 Calcium carbonates E 500 Sodium carbonates

E 501 Potassium carbonates E 503 Ammonium carbonates E 504 Magnesium carbonates E 524 Sodium hydroxide E 525 Potassium hydroxide E 526 Calcium hydroxide E 527 Ammonium hydroxide E 528 Magnesium hydroxide E 530 Magnesium oxide

E 414 Acacia gum

E 440 Pectins

0.5 %

quantum satis

0.5%

quantum satis

7% on dry matter without fat expressed as potassium carbonates

as glazing agents only quantum satis

Fruit juices and nectars as defined in Directive 93/77/EEC(69)E 300 Ascorbic acidquantum satis
Pineapple juice as defined in Directive 93/77/EECE 296 Malic acid3 g/l
Nectars as defined in Directive 93/77/EEC

E 330 Citric acid

E 270 Lactic acid

5 g/l

5 g/l

Grape juice as defined in Directive 93/77/EEC

E 170 Calcium carbonates

E 336 Potassium tartrates

quantum satis
Fruit juices as defined in Directive 93/77/EECE 330 Citric acid3 g/l
Extra jam and extra jelly, as defined in Directive 79/693/EEC

E 270 Lactic acid

E 296 Malic acid

E 300 Ascorbic acid

E 327 Calcium lactate

E 330 Citric acid

E 331 Sodium citrates

E 333 Calcium citrates

E 334 Tartaric acid

E 335 Sodium tartrates

E 350 Sodium malates

E 440 Pectins

E 471 Monoand diglycerides of fatty acids

quantum satis
Jam, jellies and marmalades as defined in Directive 79/693/EEC and other similar fruit spreads including low-calorie products

E 270 Lactic acid

E 296 Malic acid

E 300 Ascorbic acid

E 327 Calcium lactate

E 330 Citric acid

E 331 Sodium citrates

E 333 Calcium citrates

E 334 Tartaric acid

E 335 Sodium tartrates

E 350 Sodium malates

E 400 Alginic acid

E 401 Sodium alginate

E 402 Potassium alginate

E 403 Ammonium alginate

E 404 Calcium alginate

E 406 Agar

E 407 Carrageenan

E 410 Locust bean gum

E 412 Guar gum

E 415 Xanthan gum

E 418 Gellan gum

E 440 Pectins

E 509 Calcium chloride

E 524 Sodium hydroxide

quantum satis

10 g/kg (individually or in combination)

quantum satis

Partially dehydrated and dehydrated milk as defined in Directive 76/118/EEC(70)

E 300 Ascorbic acid

E 301 Sodium ascorbate

E 304 Fatty acid esters of ascorbic acid

E 322 Lecithins

E 331 Sodium citrates

E 332 Potassium citrates

E 407 Carrageenan

E 500 (ii) Sodium bicarbonate

E 501 (ii) Potassium bicarbonate E 509 Calcium chloride

quantum satis
Sterilised, pasteurised and UHT cream, low-calorie cream and pasteurised low-fat cream

E 270 Lactic acid

E 322 Lecithins

E 325 Sodium lactate

E 326 Potassium lactate

E 327 Calcium lactate

E 330 Citric acid

E 331 Sodium citrates

E 332 Potassium citrates

E 333 Calcium citrates

E 400 Alginic acid

E 401 Sodium alginate

E 402 Potassium alginate

E 403 Ammonium alginate

E 404 Calcium alginate

E 406 Agar

E 407 Carrageenan

E 410 Locust bean gum

E 415 Xanthan gum

E 440 Pectins

E 460 Celluloses

E 461 Methyl cellulose

E 463 Hydroxypropyl cellulose

E 464 Hydroxypropyl methyl cellulose

E 465 Ethyl methyl cellulose

E 466 Carboxy methyl cellulose

Sodium carboxy methyl cellulose

E 471 Monoand diglycerides of fatty acids

E 508 Potassium chloride

E 509 Calcium chloride

E 1404 Oxidised starch

E 1410 Monostarch phosphate

E 1412 Distarch phosphate

E 1413 Phosphated distarch phosphate

E 1414 Acetylated distarch phosphate

E 1420 Acetylated starch

E 1422 Acetylated distarch adipate

E 1440 Hydroxy propyl starch

E 1442 Hydroxy propyl distarch phosphate

E 1450 Starch sodium octenyl succinate

quantum satis
Frozen and deepfrozen unprocessed fruit and vegetables Fruit compote Unprocessed fish, crustaceans and molluscs, including such products frozen and deep-frozen

E 300 Ascorbic acid

E 301 Sodium ascorbate

E 302 Calcium ascorbate

E 330 Citric acid

E 331 Sodium citrates

E 332 Potassium citrates

E 333 Calcium citrates

quantum satis
Quick-cook rice

E 471 Monoand diglycerides of fatty acids

E 472a Acetic acid esters of monoand diglycerides of fatty acids

quantum satis
Non emulsified oils and fats of animal or vegetable origin (except virgin oils and olive oils)

E 304 Fatty acid esters of ascorbic acid

E 306 Tocopherol-rich extract

E 307 Alpha-tocopherol

E 308 Gamma-tocopherol

E 309 Delta-tocopherol

E 322 Lecithins

E 471 Monoand diglycerides of fatty acids

E 330 Citric acid

E 331 Sodium citrates

E 332 Potassium citrates

E 333 Calcium citrates

quantum satis

30 g/l

10 g/l

quantum satis

Refined olive oil, including olive pomace oilE 307 Alpha-tocopherol200 mg/l
Ripened cheese

E 170 Calcium carbonates

E 504 Magnesium carbonates

E 509 Calcium chloride

E 575 Glucono-delta-lactone

quantum satis
Mozzarella and whey cheese

E 270 Lactic acid

E 330 Citric acid

E 575 Glucono-delta-lactone

quantum satis
Canned and bottled fruit and vegetables

E 260 Acetic acid

E 261 Potassium acetate

E 262 Sodium acetates

E 263 Calcium acetate

E 270 Lactic acid

E 300 Ascorbic acid

E 301 Sodium ascorbate

E 302 Calcium ascorbate

E 325 Sodium lactate

E 326 Potassium lactate

E 327 Calcium lactate

E 330 Citric acid

E 331 Sodium citrates

E 332 Potassium citrates

E 333 Calcium citrates

E 334 Tartaric acid

E 335 Sodium tartrates

E 336 Potassium tartrates

E 337 Sodium potassium tartrate

E 509 Calcium chloride

E 575 Glucono-delta-lactone

quantum satis
Gehakt

E 330 Citric acid

E 331 Sodium citrates

E 332 Potassium citrates

E 333 Calcium citrates

quantum satis
Pre-packed preparations of fresh minced meat

E 300 Ascorbic acid

E 301 Sodium ascorbate

E 302 Calcium ascorbate

E 330 Citric acid

E 331 Sodium citrates

E 332 Potassium citrates

E 333 Calcium citrates

quantum satis
Bread prepared solely with the following ingredients: wheat-flour, water, yeast or leaven, salt

E 260 Acetic acid

E 261 Potassium acetate

E 262 Sodium acetates

E 263 Calcium acetate

E 270 Lactic acid

E 300 Ascorbic acid

E 301 Sodium ascorbate

E 302 Calcium ascorbate

E 304 Fatty acid esters of ascorbic acid

E 322 Lecithins

E 325 Sodium lactate

E 326 Potassium lactate

E 327 Calcium lactate

E 471 Monoand diglycerides of fatty acids

E 472a Acetic acid esters of monoand diglycerides of fatty acids

E 472d Tartaric acid esters of monoand diglycerides of fatty acids

E 472e Monoand diacetyl tartaric acid esters of monoand diglycerides of fatty acids

E 472f Mixed acetic and tartaric acid esters of monoand diglycerides of fatty acids

quantum satis
Pain courant français

E 260 Acetic acid

E 261 Potassium acetate

E 262 Sodium acetates

E 263 Calcium acetate

E 270 Lactic acid

E 300 Ascorbic acid

E 301 Sodium ascorbate

E 302 Calcium ascorbate

E 304 Fatty acid esters of ascorbic acid

E 322 Lecithins

E 325 Sodium lactate

E 326 Potassium lactate

E 327 Calcium lactate

E 471 Monoand diglycerides of fatty acids

quantum satis
Fresh pasta

E 270 Lactic acid

E 300 Ascorbic acid

E 301 Sodium ascorbate

E 322 Lecithins

E 330 Citric acid

E 334 Tartaric acid

E 471 Monoand diglycerides of fatty acids

E 575 Glucono-delta-lactone

quantum satis
Wines and sparkling wines and partially fermented grape mustAdditives authorised: in accordance with Regulations (EEC) No. 822/87, (EEC) No. 4252/88, (EEC) No. 2332/92 and (EEC) No. 1873/84 and their implementing regulations; in accordance with Regulation (EEC) No. 1873/84 authorising the offer or disposal for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No. 337/79pro memoria
Beer

E 270 Lactic acid

E 300 Ascorbic acid

E 301 Sodium ascorbate

E 330 Citric acid

E 414 Acacia gum

quantum satis
Foie gras, foie gras entier, blocs de foie gras

E 300 Ascorbic acid

E 301 Sodium ascorbate

quantum satis

Regulation 3(7) and (8)

SCHEDULE 8MISCELLANEOUS ADDITIVES PERMITTED IN FOODS FOR INFANTS AND YOUNG CHILDREN

Notes

1. Formulae and weaning foods for infants and young children may contain E 414 acacia gum (gum arabic) and E 551 silicon dioxide resulting from the addition of nutrient preparations containing not more than 10 g/kg

of each of these substances, as well as E 421 mannitol when used as a carrier for vitamin B 12 (not less than 1 part vitamin B 12 to 1000 parts mannitol).

2. The maximum levels of use indicated refer to foods ready for consumption prepared following manufacturers' instructions.

PART 1MISCELLANEOUS ADDITIVES PERMITTED IN INFANT FORMULAE FOR INFANTS IN GOOD HEALTH

Notes

(a)For the manufacture of acidified milks, non-pathogenic L(+)-lactic acid producing cultures may be used.

(b)If more than one of the substances E 322 and E 471 is added to a food, the maximum level established for that food for each of those substances is lowered with that relative part as is present of the other substance in that food.

EC No.NameMaximum level

E 270

E 330

E 338

Lactic acid (L(+)-form only)

Citric acid

Phosphoric acid

quantum satis

quantum satis

In conformity with the limits set in Annex 1 to Directive 91/321/EEC

E 306

E 307

E 308

E 309

Tocopherol-rich extract

Alpha-tocopherol

Gamma-tocopherol

Delta-tocophorol

10 mg/l individually or in combination

E 322

E 471

Lecithins

Monoand diglycerides of fatty acids

1 g/l

4 g/l

PART 2MISCELLANEOUS ADDITIVES PERMITTED IN FOLLOW-ON FORMULAE FOR INFANTS IN GOOD HEALTH

Notes

(a)For the manufacture of acidified milks, non-pathogenic L(+)-lactic acid producing cultures may be used.

(b)If more than one of the substances E 322 and E 471 is added to a food, the maximum level established for that food for each of those substances is lowered with that relative part as is present of the other substance in that food.

(c)If more than one of the substances E 407, E 410 and E 412 is added to a food, the maximum level established for that food for each of those substances is lowered with that relative part as is present of the other substances together in that food.

EC No.NameMaximum level

E 270

E 330

Lactic acid (L(+)-form only)

Citric acid

quantum satis

quantum satis

E 306

E 307

E 308

E 309

Tocopherol-rich extract

Alpha-tocopherol

Gamma-tocopherol

Delta-tocopherol

10 mg/l individually or in combination
E 338Phosphoric acidIn conformity with the limits set in Annex II to Directive 91/321/EEC
E 440Pectins5 g/l in acidified follow-on formulae only

E 322

E 471

Lecithins

Monoand diglycerides of fatty acids

1 g/l

4 g/l

E 407

E 410

E 412

Carrageenan

Locust bean gum

Guar gum

0.3 g/l

1 g/l

1 g/l

PART 3MISCELLANEOUS ADDITIVES PERMITTED IN WEANING FOODS FOR INFANTS AND YOUNG CHILDREN IN GOOD HEALTH

EC No.NameFoodMaximum level

E 170

E 260

E 261

E 262

E 263

E 270

E 296

E 325

E 326

E 327

E 330

E 331

E 332

E 333

E 507

E 524

E 525

E 526

Calcium carbonates

Acetic acid

Potassium acetate

Sodium acetates

Calcium acetate

Lactic acid(71)

Malic acid(71)

Sodium lactate(71)

Potassium lactate(71)

Calcium lactate(71)

Citric acid

Sodium citrates

Potassium citrates

Calcium citrates

Hydrochloric acid

Sodium hydroxide

Potassium hydroxide

Calcium hydroxide

Weaning foodsquantum satis (only for pH adjustment)

E 500

E 501

E 503

Sodium carbonates

Potassium carbonates

Ammonium carbonates

Weaning foodsquantum satis (only as raising agents)

E 300

E 301

E 302

L-ascorbic acid

Sodium L-ascorbate

Calcium L-ascorbate

Fruit and vegetable-based drinks, juices and baby foods

Fat-containing cereal-based foods including biscuits and rusks

0.3 g/kg

0.2 g/kg

individually or in combination, expressed as ascorbic acid

E 304

E 306

E 307

E 308

E 309

L-ascorbyl palmitate

Tocopherol-rich extract

Alpha-tocopherol

Gamma-tocopherol

Delta-tocopherol

Fat-containing cereals, biscuits, rusks and baby foods0.1 g/kg individually or in combination
E 338Phosphoric acidWeaning foods1 g/kg as P2O5 (only for pH adjustment)

E 339

E 340

E 341

Sodium phosphates

Potassium phosphates

Calcium phosphates

Cereals1 g/kg individually or in combination, expressed as P2O5
E 322Lecithins

Biscuits and rusks

Cereal-based foods

Baby foods

10 g/kg

E 471

E 472a

E 472b

E 472c

Mono- and diglycerides of fatty acids

Acetic acid esters of monoand diglycerides of fatty acids

Lactic acid esters of monoand diglycerides of fatty acids

Citric acid esters of monoand diglycerides of fatty acids

Biscuits and rusks

Cereal-based foods

Baby foods

5 g/kg individually or in combination

E 400

E 401

E 402

E 404

Alginic acid

Sodium alginate

Potassium alginate

Calcium alginate

Desserts Puddings0.5 g/kg individually or in combination

E 410

E 412

E 414

E 415

E 440

Locust bean gum

Guar gum

Acacia gum (gum arabic)

Xanthan gum

Pectins

Weaning foods

Gluten-free cereal-based foods

10 g/kg individually or in combination

20 g/kg individually or in combination

E 551Silicon dioxideDry cereals2 g/kg

E 334

E 335

E 336

E 354

E 450a

E 575

Tartaric acid(72)

Sodium tartrate(72)

Potassium tartrate(72)

Calcium tartrate(72)

Disodium diphosphate

Glucono-delta-lactone

Biscuits and rusks5 g/kg as a residue

E 1404

E 1410

E 1412

E 1413

E 1414

E 1420

E 1422

E 1450

Oxidised starch

Monostarch phosphate

Distarch phosphate

Phosphated distarch phosphate

Acetylated distarch phosphate

Acetylated starch

Acetylated distarch adipate

Starch sodium octenyl succinate

Weaning foods50 g/kg

PART 4MISCELLANEOUS ADDITIVES PERMITTED IN FOODS FOR INFANTS AND YOUNG CHILDREN FOR SPECIAL MEDICAL PURPOSES

The tables in Parts 1 to 3 of this Schedule are applicable.

Regulation 10(1)

SCHEDULE 9REVOCATIONS

Column 1Column 2Column 3
Regulations revokedReferencesExtent of revocation
The Meat (Treatment) Regulations 1964.S.I. 1964/19.The whole Regulations.
The Meat (Treatment) (Scotland) Regulations 1964.S.I. 1964/44.The whole Regulations.
The Mineral Hydrocarbons in Food Regulations 1966.S.I. 1966/1073.In regulation 2(1), the definition of dried fruit.
The Mineral Hydrocarbons in Food (Scotland) Regulations 1966.S.I. 1966/1263.In regulation 2(1), the definition of dried fruit.
The Solvents in Food Regulations 1967.S.I. 1967/1582.The whole Regulations.
The Solvents in Food (Amendment) Regulations 1967.S.I. 1967/1939.The whole Regulations.
The Solvents in Food (Scotland) Regulations 1968.S.I. 1968/263.The whole Regulations.
The Specified Sugar Products Regulations 1976.S.I. 1976/509.In regulation 2(1), the definitions of "permitted anti-caking agent", "permitted anti-foaming agent", "permitted emulsifier" and "permitted preservative".
In the proviso to regulation 9, paragraph (d).
Regulation 15.
Schedule 3.
The Cocoa and Chocolate Products Regulations 1976.S.I. 1976/541.In regulation 2(1), the definitions of "permitted acid", "permitted base" and "permitted emulsifier".
In Schedule 2, Part I.
The Cocoa and Chocolate Products (Scotland) Regulations 1976.S.I. 1976/914.In regulation 2(1), the definitions of "permitted acid", "permitted base" and "permitted emulsifier".
In Schedule 2, Part I.
The Specified Sugar Products (Scotland) Regulations 1976.S.I. 1976/946.In regulation 2(1), the definitions of "permitted anti-caking agent", "permitted anti-foaming agent", "permitted emulsifier" and "permitted preservative".
In the proviso to regulation 9, paragraph (d).
Regulation 16.
Schedule 3.
The Fruit Juices and Fruit Nectars Regulations 1977.S.I. 1977/927.In regulation 2(1), the definitions of "anti-foaming agent", "permitted acid", "permitted anti-foaming agent" and "permitted preservative".
Regulation 2(3).
Regulation 6(a).
Regulation 17.
In Part III of Schedule 2, in the definition of "sucrose solution", paragraph (e).
Schedule 3.
The Condensed Milk and Dried Milk Regulations 1977.S.I. 1977/928.In regulation 2(1), the definitions of "permitted anti-caking agent", "permitted antioxidant" and "permitted emulsifier".
Regulation 2(5).
Regulation 5A(e).
Schedule 2.
The Fruit Juices and Fruit Nectars (Scotland) Regulations 1977.S.I. 1977/1026.In regulation 2(1), the definitions of "anti-foaming agent", "permitted acid", "permitted anti-foaming agent" and "permitted preservative".
Regulation 2(3).
Regulation 6(a).
Regulation 18.
In Part III of Schedule 2, in the definition of "sucrose solution", paragraph (e).
Schedule 3.
The Condensed Milk and Dried Milk (Scotland) Regulations 1977.S.I. 1977/1027.In regulation 2(1), the definitions of "permitted anti-caking agent", "permitted antioxidant" and "permitted emulsifier".
Regulation 2(5).
Regulation 5A(e).
Schedule 2.
The Antioxidants in Food Regulations 1978.S.I. 1978/105.The whole Regulations.
The Antioxidants in Food (Scotland) Regulations 1978.S.I. 1978/492.The whole Regulations.
The Coffee and Coffee Products Regulations 1978.S.I. 1978/1420.In regulation 2(1), the definitions of "permitted anti-caking agent" and "permitted preservative".
Regulation 5A(d).
Regulation 14.
The Coffee and Coffee Products (Scotland) Regulations 1979.S.I. 1979/383.In regulation 2(1), the definitions of "permitted anti-caking agent" and "permitted preservative".
Regulation 5A(d).
Regulation 15.
The Antioxidants in Food (Amendment) Regulations 1980.S.I. 1980/1831.The whole Regulations.
The Solvents in Food (Amendment) Regulations 1980.S.I. 1980/1832.The whole Regulations.
The Miscellaneous Additives in Food Regulations 1980.S.I. 1980/1834.The whole Regulations.
The Antioxidants in Food (Scotland) (Amendment) Regulations 1980.S.I. 1980/1886.The whole Regulations.
The Solvents in Food (Scotland) (Amendment) Regulations 1980.S.I. 1980/1887.The whole Regulations.
The Miscellaneous Additives in Food (Scotland) Regulations 1980.S.I. 1980/1889.The whole Regulations.
The Jam and Similar Products Regulations 1981.S.I. 1981/1063.Regulation 11(5).
Regulation 12(2).
In regulation 12(2C), the words "Subject to paragraph (2D) of this regulation,".
Regulation 12(2D) and (3).
In regulation 14(1) and (2), the figure ", II".
Regulation 15.
In Schedule 1, in entry 13 relating to mincemeat, in column 2, paragraph (c).
Schedule 2, Part II.
In Schedule 2, Part III, in the heading the words ", other than preservatives," and all the entries following the entry for edible oils and fats, except the entry for liquid pectin.
The Note to Schedule 2.
Schedule 3.
In Schedule 4, paragraph (e).
The Jam and Similar Products (Scotland) Regulations 1981.S.I. 1981/1320.Regulation 11(5).
Regulation 12(2).
In regulation 12(2C), the words "Subject to paragraph (2D) of this regulation,".
Regulation 12(2D) and (3).
In regulation 14(1) and (2), the figure ", II".
Regulation 15.
In Schedule 1, in entry 13 relating to mincemeat, in column 2, paragraph (c).
Schedule 2, Part II.
In Schedule 2, Part III, in the heading the words ", other than preservatives," and all the entries following the entry for edible oils and fats, except the entry for liquid pectin.
The Note to Schedule 2.
Schedule 3.
In Schedule 4, paragraph (e).
The Miscellaneous Additives in Food (Amendment) Regulations 1982.S.I. 1982/14.The whole Regulations.
The Cocoa and Chocolate Products (Amendment) Regulations 1982.S.I. 1982/17.Regulation 2(5).
The Schedule.
The Cocoa and Chocolate Products (Scotland) (Amendment) Regulations 1982.S.I. 1982/108.Regulation 2(5).
The Schedule.
The Miscellaneous Additives in Food (Scotland) (Amendment) Regulations 1982.S.I. 1982/515.The whole Regulations.
The Fruit Juices and Fruit Nectars (Amendment) Regulations 1982.S.I. 1982/1311.Regulation 8.
The Fruit Juices and Fruit Nectars (Scotland) (Amendment) Regulations 1982.S.I. 1982/1619.Regulation 8.
The Food (Revision of Penalties) Regulations 1982.S.I. 1982/1727.In Schedule 1, the references to the Meat (Treatment) Regulations 1964, the Solvents in Food Regulations 1967, the Antioxidants in Food Regulations 1978 and the Miscellaneous Additives in Food Regulations 1980.
The Food and Drugs (Scotland) Act 1956 (Transfer and Enforcement Functions) Regulations 1983.S.I. 1983/270.In Schedule 2, the references to the Antioxidants in Food (Scotland) Regulations 1978 and the Miscellaneous Additives in Food (Scotland) Regulations 1980.
In Schedule 3, the references to the Meat Treatment (Scotland) Regulations 1964 and the Solvents in Food (Scotland) Regulations 1968.
The Meat Products and Spreadable Fish Products Regulations 1984.S.I. 1984/1566.In regulation 2(1), in the definition of "additive", the words from "in so far as their use" to the end.
The Meat Products and Spreadable Fish Products (Scotland) Regulations 1984.S.I. 1984/1714.In regulation 2(1), in the definition of "additive", the words from "in so far as their use" to the end.
The Food (Revision of Penalties) Regulations 1985.S.I. 1985/67.In Part I of the Schedule, the references to the Meat (Treatment) Regulations 1964, the Solvents in Food Regulations 1967, the Antioxidants in Food Regulations 1978 and the Miscellaneous Additives in Food Regulations 1980.
The Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 1985.S.I. 1985/1068.In Schedule 1, the references to the Meat Treatment (Scotland) Regulations 1964, the Solvents in Food (Scotland) Regulations 1968, the Antioxidants in Food (Scotland) Regulations 1978 and the Miscellaneous Additives in Food (Scotland) Regulations 1980.
The Condensed Milk and Dried Milk (Amendment) Regulations 1986.S.I. 1986/2299.Regulation 2(b).
The Condensed Milk and Dried Milk (Scotland) (Amendment) Regulations 1987.S.I. 1987/26.Regulation 2(b).
The Preservatives in Food Regulations 1989.S.I. 1989/533.The whole Regulations.
The Preservatives in Food (Scotland) Regulations 1989.S.I. 1989/581.The whole Regulations.
The Emulsifiers and Stabilisers in Food Regulations 1989.S.I. 1989/876.The whole Regulations.
The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989.S.I. 1989/945.The whole Regulations.
The Preservatives in Food (Scotland) (Amendment) Regulations 1989.S.I. 1989/2216.The whole Regulations.
The Preservatives in Food (Amendment) Regulations 1989.S.I. 1989/2287.The whole Regulations.
The Jam and Similar Products (Amendment) Regulations 1990.S.I. 1990/2085.Regulation 7(1) and (3).
Regulation 8(a) and (e).
Regulation 11(b).
The Jam and Similar Products (Scotland) (Amendment) Regulations 1990.S.I. 1990/2180.Regulation 7(1) and (3).
Regulation 8(a) and (e).
Regulation 11(b).
The Fruit Juices and Fruit Nectars (England, Wales and Scotland) (Amendment) Regulations 1991.S.I. 1991/1284.Regulation 6(a).
Regulation 8.
The Food Safety (Exports) Regulations 1991.S.I. 1991/1476.In Part I of Schedule 1, the references to the Solvents in Food Regulations 1967, the Antioxidants in Food Regulations 1978, the Miscellaneous Additives in Food Regulations 1980, the Preservatives in Food Regulations 1989 and the Emulsifiers and Stabilisers in Food Regulations 1989.
In Schedule 2, the references to the Solvents in Food (Scotland) Regulations 1968, the Antioxidants in Food (Scotland) Regulations 1978, the Miscellaneous Additives in Food (Scotland) Regulations 1980, the Preservatives in Food (Scotland) Regulations 1989 and the Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989.
The Antioxidants in Food (Amendment) Regulations 1991.S.I. 1991/2540.The whole Regulations.
The Emulsifiers and Stabilisers in Food (Amendment) Regulations 1992.S.I. 1992/165.The whole Regulations.
The Food Additives Labelling Regulations 1992.S.I. 1992/1978.Regulation 8(2), (3) and (5).
Regulation 9(2), (3) and (5).
The Emulsifiers and Stabilisers in Food (Amendment) Regulations 1993.S.I. 1993/1161.The whole Regulations.

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, implement European Parliament and Council Directive 95/2/EC (OJ No. L61, 18.3.95, p.1) on food additives other than colours and sweeteners (which has to be read with Council Directive 89/107/EEC (OJ No. L40, 11.2.89, p.27) on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption).

The principal provisions of the Regulations-

(1) prohibit the use in or on any food of any miscellaneous additive (as defined in regulation 2(1)) other than a permitted miscellaneous additive (also defined in regulation 2(1)) (regulation 3(1));

(2) prohibit the use in or on any food of any permitted miscellaneous additive otherwise than in accordance with the Regulations (regulation 3(2) to (5) and (7));

(3) restrict the use of miscellaneous additives primarily as a carrier or carrier solvent (regulation 3(6)) and the presence of such additives in certain food (regulation 3(8));

(4) prohibit the sale for use in or on food, or the sale direct to the consumer, of any miscellaneous additive other than a permitted miscellaneous additive (regulation 5(1) and (3));

(5) restrict the sale of miscellaneous additives for use primarily as a carrier or carrier solvent (regulation 5(2)) and the sale of food additives in combination with miscellaneous additives which have been so used (regulation 5(5));

(6) prohibit the sale of any food containing any added miscellaneous additive other than a permitted miscellaneous additive used or present in accordance with regulation 3 (regulation 5(4)).

Pending adoption of specific purity criteria for all permitted miscellaneous additives in accordance with Article 3(3)(a) of Directive 89/107/EEC, the purity criteria specified or referred to in Schedule 5 apply (definition of "purity criteria" in regulation 2(1)).

The Regulations also-

(a)make provision in relation to compound foods (regulation 4);

(b)make provision in relation to the condemnation of food (regulation 6);

(c)create offences, prescribe a penalty and provide for the Regulations to be enforced by food authorities (regulation 7);

(d)provide a defence in relation to exports, in implementation of Articles 2 and 3 of Council Directive 89/397/EEC (OJ No. L186, 30.6.89, p.23) on the official control of foodstuffs, as read with the ninth recital to that Directive (regulation 8);

(e)incorporate specified provisions of the Food Safety Act 1990 (regulation 9);

(f)revoke the Regulations specified in Schedule 9 to the extent specified in that Schedule, and make consequential amendments (regulation 10);

(g)contain a transitional provision and exemptions (regulation 11).

A compliance cost assessment of the effect that this instrument would have on the cost of business is available from Branch B of the Additives and Novel Foods Division of the Ministry of Agriculture, Fisheries and Food, Ergon House, c/o Nobel House, 17 Smith Square, London SW1P 3JR.

(1)

1990 c. 16; "the Ministers" is defined in section 4(1) of the Act; section 6(4)(a) of the Act was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6.

(2)

S.I. 1995/3124.

(3)

OJ No. L40, 11.2.89, p.27.

(4)

OJ No. L186, 30.6.89, p.27.

(5)

OJ No. L61, 18.3.95, p.1.

(6)

OJ No. L248, 14.10.95, p.60.

(7)

OJ No. L229, 30.8.80, p.11.

(8)

OJ No. L319, 7.11.81, p.19.

(9)

OJ No. L337, 31.12.91, p.48.

(10)

S.I. 1995/3123.

(11)

S.I. 1966/1073; the relevant amending instrument is S.I. 1991/1476.

(12)

S.I. 1966/1263; the relevant amending instrument is S.I. 1991/1476.

(13)

S.I. 1976/509; the relevant amending instruments are S.I. 1980/1849, 1990/2486, 1995/3124.

(14)

S.I 1976/946; the relevant amending instruments are S.I. 1981/137, 1990/2625, 1995/3124.

(15)

S.I. 1976/541; the relevant amending instrument is S.I. 1982/17.

(16)

S.I. 1976/914; the relevant amending instrument is S.I. 1982/108.

(17)

S.I. 1977/927; the relevant amending instruments are S.I. 1982/1311, 1991/1284.

(18)

S.I. 1977/1026; the relevant amending instruments are S.I. 1982/1619, 1991/1284.

(19)

S.I. 1977/928; the relevant amending instrument is S.I. 1986/2299.

(20)

S.I. 1977/1027; the relevant amending instrument is S.I. 1987/26.

(21)

S.I. 1978/1420; the relevant amending instruments are S.I. 1982/254, 1987/1986.

(22)

S.I. 1979/383; the relevant amending instruments are S.I. 1982/409, 1987/2014.

(23)

S.I. 1981/1063; the relevant amending instruments are S.I. 1990/2085, 1995/3124, 1995/3123.

(24)

S.I. 1981/1320; the relevant amending instruments are S.I. 1990/2180, 1995/3124, 1995/3123.

(25)

S.I. 1984/1566; the relevant amending instruments are S.I. 1995/3124, 1995/3123.

(26)

S.I. 1984/1714; the relevant amending instruments are S.I. 1995/3124, 1995/3123.

(27)

S.I. 1992/1978; the relevant amending instruments are S.I. 1995/3124, 1995/3123.

(28)

OJ No. L149,14.6.91, pp. 1-9.

(29)

OJ No. L84, 27.3.87, p.1.

(30)

In edible parts.

(31)

OJ No. L205, 13.8.79, p.5.

(32)

OJ No. L356, 27.12.73, p.71.

(33)

OJ No. L373, 31.12.88, p.59.

(34)

OJ No. L231, 13.8.92, p.1.

(35)

OJ No. L176, 3.7.84, p.6.

(36)

OJ No. L54, 5.3.79, p.1.

(37)

This substance may be present naturally in certain cheeses as a result of fermentation processes.

(38)

When labelled `for food use', nitrite may only be sold in a mixture with salt or a salt substitute.

(39)

Expressed as NaNO2.

(40)

Residual amount at point of sale to the final consumer, expressed as NaNO2.

(41)

Expressed as NaNO3.

(42)

Residual amount nitrite formed from nitrate included, expressed as NaNO2.

(43)

Propionic acid and its salts may be present in certain fermented products resulting from the fermentation process following good manufacturing practice.

(44)

When combinations of gallates, BHA and BHT are used, the individual levels must be reduced proportionally.

(45)

E 338 only.

(46)

E 341 (ii) only.

(47)

E 341 (iii) only.

(48)

OJ No. L228, 16.8.73, p.23.

(49)

E 493 only.

(50)

E 492 only.

(51)

Asbestos free.

(52)

E 553b only.

(53)

If E 950, E 951, E 957 and E 959 are used in combination in chewing gum, the maximum level for each is reduced proportionally.

(54)

Authorised until 31 December 1997 in accordance with Article 5 of Directive 89/107/EEC pending consideration for inclusion in Directive 95/2/EC.

(55)

OJ No. L22, 9.2.65, p.373/65 (OJ/SE 1965-66 p.25).

(56)

OJ No. L148, 11.7.67, p.148/10 (OJ/SE 1967 p.178).

(57)

OJ No. L126, 14.5.76, p.33.

(58)

OJ No. L352, 13.12.86, p.45.

(59)

OJ No. L223, 14.8.78, p.30.

(60)

OJ No. L297, 23.10.82, p.31.

(61)

OJ No. L223, 14.8.78, p.7.

(62)

OJ No. L230, 5.8.82, p.35.

(63)

OJ No. L326, 24.11.90, p.58.

(64)

OJ No. L178, 28.7.95, p.1.

(65)

OJ No. L55, 29.2.92, p.96.

(66)

OJ No. L221, 12.8.74, p.10.

(67)

OJ No. L229, 30.8.80, p.1.

(68)

Cocoa and chocolate products energy-reduced or with no added sugars are not covered by Schedule 7.

(69)

OJ No. L224, 30.9.93, p.23.

(70)

OJ No. L24, 30.1.76, p.49.

(71)

L(+)-form only.

(72)

L(+)-form only.


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