2008 No. 138 (W.20)
The Miscellaneous Food Additives and the Sweeteners in Food (Amendment) (Wales) Regulations 2008
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(a), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990 F1.
In accordance with section 48(4A) of that Act, the Welsh Minister have had regard to relevant advice given by the Food Standards Agency.
As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety F2 there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3).
Title, commencement and application1
The title of these Regulations is the Miscellaneous Food Additives and the Sweeteners in Food (Amendment) (Wales) Regulations 2008, they come into force on 15 February 2008 and apply in relation to Wales.
Amendments to the Miscellaneous Food Additives Regulations 19952
The Miscellaneous Food Additives Regulations 1995 F3 (“the Additives Regulations”) are amended in accordance with regulations 3 to 13 below.
3
In paragraph (1) of regulation 2 (interpretation)—
a
In the definition of “carrier” and “carrier solvent”, after “miscellaneous additive,” insert “flavouring,” ;
b
in the definition of “Directive 95/2/EC” for the expression “and European Parliament and Council Directive 2003/114/EC” substitute “, European Parliament and Council Directive 2003/114/ECF4 and European Parliament and Council Directive 2006/52/ECF5;”;
c
in the definition of “Directive 96/77/EC”, for the expression “and Commission Directive 2004/45/EC” substitute, “Commission Directive 2004/45/EC and Commission Directive 2006/129/ECF6;”; and
d
after the definition of “food additive” insert the following definition—
“food supplement” means a foodstuff the purpose of which is to supplement the normal diet and which is a concentrated source of vitamins or minerals or other substances with a nutritional or physiological effect, alone or in combination, marketed in dose form such as capsules, pastilles, tablets, pills and other similar forms, sachets of powder, ampoules of liquids, drop-dispensing bottles, and other similar forms of liquids and powders designed to be taken in measured small unit quantities;
4
In regulation 11 (transitional provision and exemptions), after paragraph (1F), insert the following paragraph—
1G
In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that—
a
the food additive or food concerned was put on the market or labelled before 15th August 2008; and
b
the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulation 5(a), 6(a), 6(b) and (d) or 8 of the Miscellaneous Food Additives and the Sweeteners in Food (Amendment) (Wales) Regulations 2008 had not been made when the food additive or food was placed on the market or labelled.
5
In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8)—
a
as Note (5) add the following—
5
The substances E400, E401, E402, E403, E404, E406, E407, E407a, E410, E412, E413, E414, E415, E417, E418 and E440 may not be used in jelly cups, defined for the purpose of these Regulations as jelly confectionery of a firm consistency, contained in semi-rigid mini-cups or mini-capsules, intended to be ingested in a single bite by exerting pressure on the mini-cup or mini-capsule so as to project the confectionery into the mouth.
b
after the entry relating to E461 insert the following —
E 462 |
Ethyl cellulose |
6
In Schedule 2 (conditionally permitted preservatives and antioxidants) part A (sorbates, benzoates and p-hydroxybenzoates)—
a
omit the entries for E 216 Propyl p-hydroxybenzoate and E 217 Sodium propyl p-hydroxybenzoate in the first table;
b
omit the entries for “Shrimps, cooked” and “Crayfish tails, cooked and pre-packed Marinated cooked molluscs” in the second table;
c
in the first column (entitled “Food”) of the second table, for the words “Dietetic foods intended for special medical purposes” substitute “Dietary foods for special medical purposes as defined in Directive 1999/21/ECF7”;
d
add the following entries to the second table at the end:
Crustaceans and molluscs, cooked
1000
2000
Food supplements supplied in liquid form
2000
7
In Schedule 2 Part B (sulphur dioxide and sulphites), in the second table—
a
for the entries relating to crustaceans and cephalopods substitute the following—
Crustaceans and cephalopods:
fresh, frozen and deep frozen
150*
crustaceans, Panaeidae, Solenoceridae, Aristaeidae family:
— [< =]80 units
150*
— > 80 units but [<=] 120 units
200*
— > 120 units
300*
Cooked
50*
cooked crustaceans, Panaeidae, Solenoceridae, Aristaeidae family:
— [<=] 80 units
135*
— > 80 units but [<=] 120 units
180*
— > 120 units
270*
* In edible parts
b
for the expression “Starches (excluding starches for weaning foods, follow-on formulae and infant formulae)” substitute “Starches (excluding starches in infant formulae, follow-on formulae and processed cereal-based foods and baby foods)”;
c
at the end of the table add the following entries —
Salsicha fresca
450
Table grapes
10
Fresh lychees
10 (measured on edible parts)
8
In Schedule 2 Part C (other preservatives) the table relating to E 249, E 250, E 251 and E 252 is replaced by the table set out in Schedule 1 to these Regulations.
9
In Schedule 2 Part D (other antioxidants) the table is replaced by the table set out in Schedule 2 to these Regulations.
10
In Schedule 3 (other permitted miscellaneous additives)—
a
in the entry relating to E385 in the third and fourth columns (entitled respectively “Food” and “Maximum level”) add the following entries—
“Libamáj, egézben és tömbben |
250 mg/kg |
b
after the entry relating to E 967 insert the following—
E 968 |
Erythritol |
Food in general (except drinks and those foods referred to in Article 2(3) of Directive 95/2/EC |
Quantum satis |
Frozen and deep-frozen unprocessed fish, crustaceans, molluscs and cephalopods |
Quantum satis |
||
Liqueurs |
Quantum satis |
||
For purposes other than sweetening |
c
after the entry relating to E 425 insert the following—
E 426 |
Soybean hemicellulose |
Dairy-based drinks intended for retail sale |
5 g/l |
Food supplements |
1.5 g/l |
||
Emulsified sauces |
30 g/l |
||
Pre-packaged fine bakery wares intended for retail sale |
10 g/kg |
||
Pre-packaged ready-to-eat oriental noodles intended for retail sale |
10 g/kg |
||
Pre-packaged ready-to-eat rice intended for retail sale |
10 g/kg |
||
Pre-packaged processed potato and rice products (including frozen, deep-frozen, chilled and dried processed products) intended for retail sale |
10 g/kg |
||
Dehydrated, concentrated, frozen and deep-frozen egg products |
10 g/kg |
||
Jelly confectionery, except jelly mini-cups |
10 g/kg |
d
in the third column of the entry relating to E 468, for the expression “Solid dietary supplements” substitute “Food supplements supplied in solid form”;
e
in the third column of the entry relating to E 338 to E 452, for the expression “Dietary supplements” substitute “Food supplements”;
f
in the third column of the entries relating to E 405, E 416, E 432 to E 436, E 473 and E 474, E 475, E 491 to E 495, E 551 to E 559 and E 901 to E 904, for the expression “Dietary food supplements” substitute “food supplements”;
g
in the third column of the entries relating to E 1201 and E 1202, for the expression “Dietary food supplements in tablet and coated form” substitute “Food supplements in tablet and coated form”;
h
in the third column of the entries relating to E 405, E 432 to E 436, E 473 and E 474, E 475, E 477, E 481 and E 482, and E 491 to E 495, for the expression “Dietetic foods intended for special medical purposes” substitute “Dietary foods for special medical purposes as defined in Directive 1999/21/EC”;
i
in the fourth column of the entries relating to E 1505 to E 1520, after the expression “In the case of beverages,” insert the expression “with the exception of cream liqueurs,”;
j
at the end of the table add the following entries—
E 1204
Pullulan
Food supplements in capsule and tablet form
Quantum satis
Breath-freshening micro-sweets in the form of films
Quantum satis
E 1452
Starch Aluminium Octenyl Succinate
Encapsulated vitamin preparations in food supplements
35 g/kg in food supplement
11
In Schedule 4 (permitted carriers and carrier solvents)—
a
after the entry relating to E 967, in the first column insert “E 968” and in the second column opposite insert “Erythritol”;
b
after the entry relating to E 461, in the first column insert “E 462” and in the second column opposite insert “Ethyl cellulose”;
c
in the third column of the entry related to E 551 and E 552, add the expression “For E 551: in E 171 titanium dioxide and E 172 iron oxides and hydroxides (max. 90% relative to the pigment).”.
12
In Schedule 7 (foods in which a limited number of miscellaneous additives listed in Schedule 1 may be used)—
a
for the entry relating to ripened cheese, substitute the following—
Ripened cheese
E 170 calcium carbonate
quantum satis
E 504 Magnesium carbonates
E 509 Calcium chloride
E 575 Glucono-delta-lactone
E 500ii Sodium hydrogen carbonate
quantum satis (only for sour milk cheese)
b
in the entry relating to “pain courant français”, in the first column add the expression “Friss búzankenyér, fehér és félbarna kenyerek”;
c
in the entry relating to “foie gras, foie gras entier, blocs de foie gras”, in the first column add the expression “Libamáj, libamáj egézben, libamáj tömbben”.
13
In Schedule 8 (miscellaneous additives permitted in foods for infants and young children)—
a
in paragraphs 1, 1A and 1B of the introductory notes, for the expression “weaning foods” substitute in each case the expression “processed cereal-based foods and baby foods”;
b
in Part 3 (miscellaneous additives permitted in weaning foods for infants and young children in good health),
i
omit the entry relating to E 473; and
ii
where it appears in the title and in the third column of the entries relating to E 170 to E 526, E 500 to E 503, E 338, E 410 to E 440, E 1404 to E 1450, and E 1451, for the expression “weaning foods” substitute “processed cereal-based foods and baby foods”.
c
in Part 4 (miscellaneous additives permitted in dietary foods for infants and young children for special medical purposes as defined in Directive 1999/21/EC), after the entry relating to E 472c insert the following entry—
E 473
Sucrose esters of fatty acids
Products containing hydrolysed proteins, peptides and amino acids
120 mg/l
Amendments to the Sweeteners in Food Regulations 199514
1
The Sweeteners in Food Regulations 1995 F8 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2 (interpretation)—
a
in the definition of “Directive 94/35/EC”, for the expression “and by Directive 2003/115/EC” substitute “ and by European Parliament and Council Directives 2003/115/ECF9 and 2006/52/ECF10.”;
b
in the definition of “Directive 95/31/EC”, for the expression “and by Directive 2004/46/EC” substitute “and by Directives 2004/46/EC and 2006/128/ECF11.”.
3
In Schedule 1 (permitted sweeteners and the foods in or on which they may be used)—
a
in column 1 after “E 967” add “E 968”; and
b
in column 2 after “Xylitol” add “Erythritol”.
SCHEDULE 1Entries to be substituted in Part C of Schedule 2 to the Additives Regulations
EC No. |
Name |
Food |
Maximum amount that may be added during manufacture (expressed as NaNO2) |
Maximum residual level (expressed as NaNO2) |
---|---|---|---|---|
mg/kg |
mg/kg |
|||
E 249 |
Potassium nitrite(x) |
Meat Products |
150 |
|
E 250 |
Sodium ) nitrite(x |
Sterilised meat products(Fo > 3,00)(y) |
100 |
|
Traditional immersion cured meat products(1): |
||||
Wiltshire bacon(1·1); |
175 |
|||
Entremeada, entrecosto, chispe, orelheira e cabeça (salgados) |
||||
Toucinho fumado(1·2); |
||||
and similar products |
||||
Wiltshire ham(1·1); |
100 |
|||
and similar products |
||||
Rohschinken, nassgepökelt(1·6); and similar products |
50 |
|||
Cured tongue(1·3) |
50 |
|||
Traditional dry cured meat products(2): |
||||
Dry cured bacon(2·1);and similar products |
175 |
|||
Dry cured ham(2·1); |
100 |
|||
Jamón curado, paleta curada, lomo embuchado y cecina(2·2); Presunto, presunto da pà and paio do lombo(2·3);and similar products |
||||
Rohschinken, trockengepökelt(2·5); and similar products |
50 |
|||
Other traditionally cured meat products(3); |
||||
Vysoèina |
180 |
|||
Selský salám |
||||
Turistický trvanlivý salám |
||||
Polièan |
||||
Herkules |
||||
Lovecký salám |
||||
Dunajská klobása |
||||
Paprikás(3·5); |
||||
and similar products |
||||
Rohschinken, trocken-/nassgepökelt(3·1); and similar products |
50 |
|||
Jellied veal and brisket(3·2) |
||||
E 251 |
Potassium nitrate(z) |
Non-heat-treated meat products |
150 |
|
E 252 |
Sodium nitrate(z) |
|||
Traditional immersion cured meat products(1); |
||||
Kylmäsavustettu poronliha/Kallrökt renkött(1·4); |
300 |
|||
Wiltshire bacon and Wiltshire ham(1·1) |
250 |
|||
Entremeada, entrecosto, chispe, orelheira a cabeça (salgados), |
||||
Toucinho fumado(1·2); |
||||
Rohschinken, nassgepökelt(1·6); |
||||
and similar products |
||||
Bacon, Filet de bacon(1·5); and similar products |
250 without added E 249 or E 250 |
|||
Cured tongue(1·3) |
10 |
|||
Traditional dry cured meat products(2); |
||||
Dry cured bacon and Dry cured ham(2·1); |
250 |
|||
Jamón curado ,paleta curada, lomo embuchado y cecina(2·2); |
||||
Presunto, presunto da pá and paio do lombo(2·3); |
||||
Rohschinken, trockengepökelt(2·5); and similar products |
||||
Jambon sec, jambon sel sec et autres pièces maturées séchées similaires(2·4) |
250 without added E 249 or E 250 |
SCHEDULE 2Entries to be Substituted in Part D of Schedule 2 to the Additives Regulations
EC No |
Name |
Food |
Maximum level (mg/kg) |
---|---|---|---|
E 310 |
Propyl gallate |
Fats and oils for the professional manufacture of heat-treated foods |
200* (gallates, TBHQ and BHA, individually or in combination) |
E 311 |
Octyl gallate |
Frying oil and frying fat, excluding olive pomace oil |
100* (BHT), both expressed on fat |
E 312 |
Dodecyl gallate |
||
E 319 |
Tertiary-butyl hydroquinone (TBHQ) |
Lard; — fish oil beef, poultry and sheep fat |
|
E 320 |
Butylated hydroxyanisole (BHA) |
Cake mixes; cereal-based snack foods; milk powder for vending machines |
200 (gallates, TBHQ and BHA, individually or in combination) expressed on fat |
E 321 |
Butylated hydroxytoluene (BHT) |
Dehydrated soups and broths; sauces; dehydrated meat; processed nuts; pre-cooked cereals |
|
Seasonings and condiments |
200 (gallates and BHA, individually or in combination) expressed on fat |
||
Dehydrated potatoes |
25 (gallates, TBHQ and BHA, individually or in combination) |
||
Chewing gum; food supplements |
400 (gallates, TBHQ, BHT and BHA, individually or in combination) |
||
Essential oils |
1,000 (gallates, TBHQ and BHA, individually or in combination) |
||
Flavourings other than essential oils |
100*(gallates, individually or in combination) |
||
200*(TBHQ and BHA, individually or in combination) |
|||
E 315 |
Erythorbic acid |
Cured meat products and preserved meat products |
500 expressed as erythorbic acid |
E 316 |
Sodium erythorbate |
Preserved and semi-preserved fish products; Frozen and deep-frozen fish with red skin |
1,500 expressed as erythorbic acid |
E 586 |
4-Hexylresorcinol |
Fresh, frozen and deep-frozen crustaceans |
2 as residues in crustacean meat |
* When combinations of gallates, TBHQ, BHA and BHT are used, the individual levels must be reduced proportionally |
1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990.
Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), “the 1999 Act”. Section 48 was also amended by S.I 2004/2990.
Functions so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act. Functions of the National Assembly for Wales are now exercisable by the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).