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2002 No. 379

FOOD, ENGLAND

The Sweeteners in Food (Amendment) (England) Regulations 2002

  Made 21st February 2002 
  Laid before Parliament 22nd February 2002 
  Coming into force 15th March 2002 

The Secretary of State, in exercise of the powers conferred on him by sections 16(1)(a) and (e), 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 him in that behalf, having had regard, in accordance with section 48(4A) of that Act, to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B) of that Act, makes the following Regulations:

Title, commencement, extent and interpretation
     1.  - (1) These Regulations may be cited as the Sweeteners in Food (Amendment) (England) Regulations 2002, shall come into force on 15th March 2002 and shall extend to England only.

    (2) In these Regulations "the principal Regulations" means the Sweeteners in Food Regulations 1995[2].

Amendment of the Sweeteners in Food Regulations 1995
     2. The principal Regulations shall be amended, in so far as they extend to England, in accordance with regulations 3 and 4.

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

     4. In Schedule 1 (permitted sweeteners and the foods in or on which they may be used) there shall be added at the end, in columns 2 to 4, the provisions specified in the Schedule to these Regulations.

Consequential amendments
     5.  - (1) Paragraph (2) of regulation 4 (consequential amendments) of the Sweeteners in Food (Amendment) (England) Regulations 2001[4] shall cease to have effect.

    (2) In the provisions specified in paragraph (3), insofar as they extend to England, references to the principal Regulations shall be construed as references to those Regulations as amended up to and including the amendments effected by these Regulations:

    (3) The provisions are - 



Signed by authority of the Secretary of State for Health


Yvette Cooper
Parliamentary Under Secretary of State, Department of Health

21st February 2002



SCHEDULE
Regulation 4


PROVISIONS ADDED TO COLUMNS 2 TO 4 OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS


Sucralose[10] Non-alcoholic drinks     
     Water-based flavoured drinks, energy-reduced or with no added sugar 300 mg/l
     Milk- and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar 300 mg/l
     Desserts and similar products     
     Water-based flavoured desserts, energy-reduced or with no added sugar 400 mg/kg
     Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar 400 mg/kg
     Fruit- and vegetable-based desserts, energy-reduced or with no added sugar 400 mg/kg
     Egg-based desserts, energy-reduced or with no added sugar 400 mg/kg
     Cereal-based desserts, energy-reduced or with no added sugar 400 mg/kg
     Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar 400 mg/kg
     Fat-based desserts, energy-reduced or with no added sugar 400 mg/kg
     Confectionery     
     Confectionery with no added sugar 1000 mg/kg
     Breath-freshening micro-sweets, with no added sugar 2400 mg/kg
     Tablet-form confectionery, energy-reduced 200 mg/kg
     Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar 800 mg/kg
     Starch-based confectionery, energy-reduced or with no added sugar 1000 mg/kg
     Chewing gum with no added sugar 3000 mg/kg
     Strongly flavoured freshening throat pastilles with no added sugar 1000 mg/kg
     Miscellaneous     
     "Snacks": certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts 400 mg/kg
     Cornets and wafers, for ice-cream, with no added sugar 800 mg/kg
     Essoblaten 800 mg/kg
     Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar 400 mg/kg
     Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine 250 mg/l
     Cider and perry 250 mg/l
     Alcohol-free beer or with an alcohol content not exceeding 1.2% vol 250 mg/l
     "Bière de table/Tafelbier/Table beer" (original wort content less than 6%) except for "Obergäriges Einfachbier" 250 mg/l
     Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH 250 mg/l
     Brown beers of the "oud bruin" type 250 mg/l
     Energy-reduced beer 10 mg/l
     Spirit drinks containing less than 15% alcohol by volume 250 mg/l
     Edible ices, energy-reduced or with no added sugar 320 mg/kg
     Canned or bottled fruit, energy-reduced or with no added sugar 400 mg/kg
     Energy-reduced jams, jellies and marmalades 400 mg/kg
     Energy-reduced fruit and vegetable preparations 400 mg/kg
     Feinkostsalat 140 mg/kg
     Sweet-sour preserves of fruit and vegetables 180 mg/kg
     Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs 120 mg/kg
     Sauces 450 mg/kg
     Energy-reduced soups 45 mg/l
     Mustard 140 mg/kg
     Fine bakery products: energy-reduced or with no added sugar 700 mg/kg
     Complete formulae for weight control intended to replace total daily food intake or an individual meal 320 mg/kg
     Complete formulae and nutritional supplements for use under medical supervision 400 mg/kg
     Liquid food supplements/dietary integrators 240 mg/kg
     Solid food supplements/dietary integrators 800 mg/kg
     Food supplements/diet integrators based on vitamins, and/or mineral elements, syrup-type or chewable 2400 mg/kg


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which extend to England only, further amend the Sweeteners in Food Regulations 1995 (S.I. 1995/3123 as already amended) which extend to Great Britain, by - 

No regulatory impact assessment has been prepared in relation to these Regulations.

Copies of the document referred to in regulation 3(b) may be obtained from:

Alternatively, copies may be obtained online from www.thestationeryoffice.com.

Notes:

 [1] 1990 c.16. Functions formerly exercisable by "the Ministers" are now exercisable, in relation to England, by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c.28). Functions formerly exercisable by "the Ministers", so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act. Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c.46) as read with section 40(2) of the 1999 Act. Section 17(1) was amended by paragraph 12(a), and section 48 by paragraph 21, of Schedule 5 to the 1999 Act. Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend existing Regulations made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.back

[2] S.I. 1995/3123, amended by S.I. 1996/1477, S.I. 1997/814, S.I. 1999/982 and S.I. 2001/2294.back

[3] The reference for Directive 2001/52/EC is OJ No. L190, 12.7.2001, p. 18.back

[4] S.I. 2001/2294.back

[5] S.I. 1981/1063; the relevant amending instruments are S.I. 1983/1211 and S.I. 1995/3123.back

[6] S.I. 1984/1566; the relevant amending instruments are S.I. 1995/3123, S.I. 1995/3124 and S.I. 1995/3187.back

[7] S.I. 1992/1978; the relevant amending instrument is S.I. 1995/3123.back

[8] S.I. 1995/3187 to which there is an amendment not relevant to these Regulations.back

[9] S.I. 1996/1499 to which there are amendments not relevant to these Regulations.back

[10] Authorised provisionally in accordance with Article 5 of Directive 89/107/EEC (OJ No. L40, 11.2.89, p. 27) pending consideration for inclusion in Directive 94/35/EC (OJ No. L237, 10.9.94, p. 3). The provisional authorisation is due to expire on 14th March 2004.back


ISBN 0 11 039428 3


  Prepared 12 March 2002

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