Miscellaneous Food Additives Regulations (Northern Ireland) 1996

Made: 28th February 1996

Coming into operation: 22nd April 1996

The Department of Health and Social Services and the Department of Agriculture being the Departments concerned[^f00001] in exercise of the powers conferred on them by Articles 15(1)(a), 16(1), 17(1), 25(1) and (3), 26(3) and 47(2) of, and paragraph 1 of Schedule 1 to, the Food Safety (Northern Ireland) Order 1991[^f00002] and of all other powers enabling them in that behalf and after consultation in accordance with Article 47(3) of that Order with such organisations as appear to them to be representative of interests likely to be substantially affected by these Regulations, hereby make the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Miscellaneous Food Additives Regulations (Northern Ireland) 1996 and shall come into operation on 22nd April 1996.

Interpretation

2

• (1) In these Regulations—

• “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;

• “anti-caking agent” means any substance which prevents or 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 (Northern Ireland) 1996[^f00003];

• “Directive 89/107/EEC” means Council Directive 89/107/EEC[^f00004] 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[^f00005] 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[^f00006] on food additives other than colours and sweeteners (as corrected[^f00007]);

• “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— any substance nor 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 a carrier or carrier solvent; but does not include— any substance used for the treatment of drinking water as provided for in Council Directive 80/778/EEC[^f00008] relating to the quality of water intended for human consumption, as amended by Council Directive 81/858/EEC[^f00009] and Council Directive 91/692/EEC[^f00010]; 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); chewing gum bases; 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; ammonium chloride; blood plasma, edible gelatin, protein hydrolysates and their salts, milk protein and gluten; amino acids and their salts (other than glutamic acid, glycine, cysteine, and cystine and their salts) having no additive function; caseinates and casein; 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 12 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;

• “the Order” means the Food Safety (Northern Ireland) Order 1991;

• “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;

• “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 processed aid;

• “sell” includes possess for sale, and offer, expose or advertise for sale;

• “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 (Northern Ireland) 1996[^f00011];

• “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 the same meaning in these Regulations as they have 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) 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 satis means 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) in an amount higher than quantum satis or 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), 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), 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), 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) 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) 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 Article 8 of the Order (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 Article 7(2) of the Order shall apply for the purposes of these Regulations as it applies for the purposes of the Order.

Offences, penalties and enforcement

7

• (1) If any person contravenes 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) Subject to paragraph (3), these Regulations shall be enforced and executed by each district council within its district.

• (3) The Department of Agriculture shall enforce and execute these Regulations in relation to milk in liquid milk plants.

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 Order

9

The following provisions of the Order shall apply for the purposes of these Regulations as they apply for the purposes of Articles 7, 13 and 14 of the Order and any reference in them to the Order shall be construed as a reference to these Regulations:

• (a) Articles 2(4) and 3 (extended meaning of “sale” etc.);

• (b) Article 4 (presumptions that food intended for human consumption);

• (c) Article 19 (offences due to fault of another person);

• (d) Article 20 (defence of due diligence);

• (e) Article 21 (defence of publication in the course of business);

• (f) Article 30(8) (which relates to documentary evidence);

• (g) Article 34 (obstruction, etc., of officers).

Revocation and amendments

10

• (1) The Regulations and order 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 (Northern Ireland) 1966[^f00012], in regulation 3 (exemptions)—

• (a) there shall be substituted for paragraph (1)—

(1) Regulation 4 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 1 of the Schedule; (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 (Northern Ireland) 1996 and complies with the provisions of those Regulations.

• (b) in the proviso to paragraph (2), for “paragraph (1)(e)” there shall be substituted “paragraph (1)(b)”;

• (c) in paragraph (3), for “paragraph (1)(a) to (g)” there shall be substituted “paragraph (1)(a) to (c)”.

• (3) In the Specified Sugar Products Regulations (Northern Ireland) 1976[^f00013]—

• (a) in regulation 2(1) (interpretation)—

• (i) before the definition of “anti-foaming agent” there shall be inserted—

• “anti-caking agent” has the meaning assigned to it by the Miscellaneous Food Additives Regulations (Northern Ireland) 1996;

• (ii) for the definition of “anti-foaming agent” there shall be inserted—

• “anti-foaming agent” has the meaning assigned to it by the Miscellaneous Food Additives Regulations (Northern Ireland) 1996;

• (iii) for the definition of “appropriate designation” there shall be substituted—

• “appropriate designation”, as respects any colour, anti-caking agent or anti-foaming agent, means a name or description or a name and description sufficiently specific, in each case, to indicate to an intending purchaser the true nature of the colour, anti-caking agent or anti-foaming agent to which it is applied;

• (iv) after the definition of “loaf sugar” there shall be inserted—

• “permitted miscellaneous additive” means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations (Northern Ireland) 1996;

• (b) for paragraph (2) of regulation 2 there shall be substituted—

(2) Any permitted miscellaneous additive (other than E220 sulphur dioxide) specified in Part B of Schedule 2 to the Miscellaneous Food Additives Regulations (Northern Ireland) 1996, if calculated as, may be used in place of, E220 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) for sub-paragraph (c) there shall be substituted—

(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) for sub-paragraph (e) there shall be substituted—

(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), for “any anti-foaming agent in accordance with paragraph (d) of the proviso” there shall be substituted “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), for the words from “of which the sulphur dioxide” to “20 milligrammes per kilogramme” there shall be substituted “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) for paragraph (a) there shall be substituted—

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

• (ii) for paragraph (c) there shall be substituted—

(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.

• (4) In the Cocoa and Chocolate Products Regulations (Northern Ireland) 1976[^f00014]—

• (a) in regulation 2(1) (interpretation)—

• (i) in the definition of “edible substance”, for paragraph (c) there shall be substituted—

(c) any permitted miscellaneous additive

• (ii) after the definition of “permitted cocoa butter” there shall be inserted—

• “permitted miscellaneous additive” means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations (Northern Ireland) 1996;

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

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

• (5) In the Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 1977[^f00015]—

• (a) in regulation 2(1) (interpretation), after the definition of “honey” there shall be inserted—

• “permitted miscellaneous additive” means any miscellaneous additive insofar as its use in food is permitted by the Miscellaneous Food Additives Regulations (Northern Ireland) 1996;

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

• (i) for sub-paragraphs (a), (e), (g), (i) and (j) there shall be substituted—

(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) for sub-paragraph (f) there shall be substituted—

(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) 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) these shall be substituted—

SCHEDULE 4 (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.

• (6) In the Condensed Milk and Dried Milk Regulations (Northern Ireland) 1977[^f00016]—

• (a) in regulation 2(1) (interpretation), for “permitted miscellaneous additive” there shall be substituted—

• “permitted miscellaneous additive” means any miscellaneous additive insofar as its use in food is permitted by the Miscellaneous Food Additives Regulations (Northern Ireland) 1996;

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

• (c) in the proviso to regulation 9 (permitted additional ingredients in condensed milk and dried milk products), for paragraphs (a) to (d) there shall be substituted—

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

• (7) In the Coffee and Coffee Products Regulations (Northern Ireland) 1979[^f00017]—

• (a) in regulation 2(1) (interpretation), after the definition of “fig” there shall be inserted—

• “permitted miscellaneous additive” means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations (Northern Ireland) 1996;

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

• (i) for paragraphs (a), (b) and (e) there shall be substituted—

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

; and

• (ii) in paragraph (d), after “liquid coffee and chicory extract,” there shall be inserted “chicory and coffee essence,”.

• (8) In the Jam and Similar Products Regulations (Northern Ireland) 1982[^f00018]—

• (a) in regulation 2(1) (interpretation)—

• (i) immediately before the definition of “permitted sweetener” there shall be inserted—

• “permitted miscellaneous additive” means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations (Northern Ireland) 1996;

• (ii) after the definition of “prepacked” there shall be inserted—

• “preservative” has the meaning assigned to it by the Miscellaneous Food Additives Regulations (Northern Ireland) 1996;

• (b) in regulation 8(4) (miscellaneous labelling requirements), for sub-paragraph (c) there shall be substituted—

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

• (9) In the Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984[^f00019]—

• (a) in regulation 2(1) (interpretation), in the definition of “additive”, for the words from “the Antioxidants in Food Regulations (Northern Ireland) 1978” to “the Miscellaneous Additives in Food Regulations (Northern Ireland) 1981” there shall be substituted “the Miscellaneous Food Additives Regulations (Northern Ireland) 1996”;

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

• (c) in Schedule 1 (ingredients of cured meat)—

• (i) in the first division of ingredients in column 1, after “Water” there shall be inserted—

• Additives other than flavourings, smoke and smoke solutions.

• (ii) in the third division of ingredients in column 1, for “Additives” there shall be substituted—

• Flavourings, smoke and smoke solutions.

• (10) In the Food Additives Labelling Regulations (Northern Ireland) 1992[^f00020]—

• (a) in regulation 1(2) (interpretation), after the definition of “food additive” there shall be inserted—

• “miscellaneous additive” has the same meaning as in the 1996 Regulations

• “the 1996 Regulations” means the Miscellaneous Food Additives Regulations (Northern Ireland) 1996;

• (b) in Schedule 1 (categories of food additives), in Part I (list of food additives)—

• (i) for item 9 there shall be substituted—

(9) Flavour enhancers

• (ii) for item 19 there shall be substituted—

(19) Flour treatment agents.

• (iii) for item 25 there shall be substituted—

(25) Propellants

• (iv) at the end there shall be inserted—

(27) Carriers and carrier solvents

• (c) in Schedule 1, in Part II (supplementary)—

• (i) for sub-paragraphs (b) to (m) there shall be substituted—

(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 1996 Regulations;

• (ii) for sub-paragraphs (o) to (q) there shall be substituted—

(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 1996 Regulations;

• (iii) for sub-paragraphs (r) and (s) there shall be substituted—

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

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

• (iv) for sub-paragraphs (t) and (u) there shall be substituted—

(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 1996 Regulations;

• (v) for sub-paragraphs (w) to (z) there shall be substituted—

(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 1996 Regulations.

• (d) in Schedule 3 (requirement for sales), in Part I in paragraph 2 and in Part II in paragraphs 1 and 7 for “European Economic Community” (wherever it occurs) there shall be substituted “European Community”.

Transitional provisions 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 1st July 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 1st July 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 Northern Ireland before 1st July 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 Northern Ireland on or after 1st July 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), “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.

SCHEDULE 1 — Miscellaneous 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 at quantum satis in 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 Calcium carbonate Calcium hydrogen carbonate
E 260	Acetic acid
E 261	Potassium acetate
E 262	Sodium acetates Sodium acetate Sodium hydrogen acetate (sodium diacetate)
E 263	Calcium acetate
E 270	Lactic acid
E 290	Carbon dioxide
E 296	Malic acid
E 300	Ascorbic acid
E 301	Sodium ascorbate
E 302	Calcium ascorbate
E 304	Fatty acid esters of ascorbic acid Ascorbyl palmitate Ascorbyl stearate
E 306	Tocopherol-rich extract
E 307	Alpha-tocopherol
E 308	Gamma-tocopherol
E 309	Delta-tocopherol
E 322	Lecithins
E 325	Sodium lactate
E 326	Potassium lactate
E 327	Calcium lactate
E 330	Citric acid
E 331	Sodium citrates Monosodium citrate Disodium citrate Trisodium citrate
E 332	Potassium citrates Monopotassium citrate Tripotassium citrate
E 333	Calcium citrates Monocalcium citrate Dicalcium citrate Tricalcium citrate
E 334	Tartaric acid (L(+)–)
E 335	Sodium tartrates Monosodium tartrate Disodium tartrate
E 336	Potassium tartrates Monopotassium tartrate Dipotassium tartrate
E 337	Sodium potassium tartrate
E 350	Sodium malates Sodium malate Sodium hydrogen malate
E 351	Potassium malate
E 352	Calcium malates Calcium malate Calcium hydrogen malate
E 354	Calcium tartrate
E 380	Triammonium citrate
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 413	Tragacanth
E 414	Acacia gum (gum arabic)
E 415	Xanthan gum
E 417	Tara gum
E 418	Gellan gum
E 422	Glycerol
E 440	Pectins pectin amidated pectin
E 460	Cellulose Microcrystalline cellulose Powdered cellulose
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 470a	Sodium, potassium and calcium salts of fatty acids
E 470b	Magnesium salts of fatty acids
E 471	Mono- and diglycerides of fatty acids
E 472a	Acetic acid esters of mono- and diglycerides of fatty acids
E 472b	Lactic acid esters of mono- and diglycerides of fatty acids
E 472c	Citric acid esters of mono- and diglycerides of fatty acids
E 472d	Tartaric acid esters of mono- and diglycerides of fatty acids
E 472e	Mono- and diacetyl tartaric acid esters of mono- and diglycerides of fatty acids
E 472f	Mixed acetic and tartaric acid esters of mono- and diglycerides of fatty acids
E 500	Sodium carbonates Sodium carbonate Sodium hydrogen carbonate Sodium sesquicarbonate
E 501	Potassium carbonates Potassium carbonate Potassium hydrogen carbonate
E 503	Ammonium carbonates Ammonium carbonate Ammonium hydrogen carbonate
E 504	Magnesium carbonates Magnesium carbonate Magnesium hydroxide carbonate (syn.: Magnesium hydrogen carbonate)
E 507	Hydrochloric acid
E 508	Potassium chloride
E 509	Calcium chloride
E 511	Magnesium chloride
E 513	Sulphuric acid
E 514	Sodium sulphates Sodium sulphate Sodium hydrogen sulphate
E 515	Potassium sulphates Potassium sulphate Potassium hydrogen sulphate
E 516	Calcium sulphate
E 524	Sodium hydroxide
E 525	Potassium hydroxide
E 526	Calcium hydroxide
E 527	Ammonium hydroxide
E 528	Magnesium hydroxide
E 529	Calcium oxide
E 530	Magnesium oxide
E 570	Fatty acids
E 574	Gluconic acid
E 575	Glucono-delta-lactone
E 576	Sodium gluconate
E 577	Potassium gluconate
E 578	Calcium gluconate
E 640	Glycine and its sodium salt
E 938	Argon
E 939	Helium
E 941	Nitrogen
E 942	Nitrous oxide
E 948	Oxygen
E 1200	Polydextrose
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

SCHEDULE 2 — Conditionally Permitted Preservatives and Antioxidants

Part A — Sorbates, benzoates and p-hydroxybenzoates

EC No.	Name	Abbreviation
(¹) Benzoic acid may be present in certain fermented products resulting from the fermentation process following good manufacturing practice.	(¹) Benzoic acid may be present in certain fermented products resulting from the fermentation process following good manufacturing practice.	(¹) Benzoic acid may be present in certain fermented products resulting from the fermentation process following good manufacturing practice.
Notes The levels of all substances mentioned above are expressed as the free acid. 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. The maximum levels of use indicated refer to foods ready for consumption prepared following manfacturers' instructions.	Notes The levels of all substances mentioned above are expressed as the free acid. 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. The maximum levels of use indicated refer to foods ready for consumption prepared following manfacturers' instructions.	Notes The levels of all substances mentioned above are expressed as the free acid. 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. The maximum levels of use indicated refer to foods ready for consumption prepared following manfacturers' instructions.
E 200	Sorbic acid	Sa
E 202	Potassium sorbate	Sa
E 203	Calcium sorbate	Sa
E 210	Benzoic acid	Ba[^f01000]
E 211	Sodium benzoate	Ba[^f01000]
E 212	Potassium benzoate	Ba[^f01000]
E 213	Calcium benzoate	Ba[^f01000]
E 214	Ethyl p-hydroxybenzoate	PHB
E 215	Sodium ethyl p-hydroxybenzoate	PHB
E 216	Propyl p-hydroxybenzoate	PHB
E 217	Sodium propyl p-hydroxybenzoate	PHB
E 218	Methyl p-hydroxybenzoate	PHB
E 219	Sodium methyl p-hydroxybenzoate	PHB
	Maximum level (mg/kg or mg/l as appropriate)	Maximum level (mg/kg or mg/l as appropriate)
---	---	---
Food	Sa	Ba
Wine-based flavoured drinks including products covered by Regulation (EEC) No. 1601/91[^f00021]	200
Non-alcoholic flavoured drinks (excluding dairy-based drinks)	300	150
Liquid tea concentrates and liquid fruit and herbal infusion concentrates
Grape Juice, unfermented, for sacramental use
Wines as referred to in Regulation (EEC) No. 822/87[^f00022]; alcohol-free wine; fruit wine (including alcohol-free); made wine; cider and perry (including alcohol-free)	200
Sød . . . Saft or Sødet . . . Saft	500	200
Alcohol-free beer in keg		200
Mead Spirits with less than 15% alcohol by volume	200 200	200
Fillings of ravioli and similar products	1000
Low-sugar jams, jellies, marmalades and similar low calorie or sugar-free products and other fruit-based spreads;Mermeladas		500
Candied, crystallised and glacé fruit and vegetablesMermeladas
Dried fruit	1000Mermeladas
Frugtgrød and Rote Grütze	1000	500
Fruit and vegetable preparations including fruit-based sauces, excluding purée, mousse, compote, salads and similar products, canned or bottled	1000
Vegetables in vinegar, brine or oil (excluding olives)
Potato dough and pre-fried potato slices	2000
Gnocchi	1000
Polenta	200
Olives and olive-based preparations	1000
Jelly coatings of meat products (cooked, cured or dried); Paté
Surface treatment of dried meat products
Semi-preserved fish products including fish roe products
Salted, dried fish
Shrimps, cooked
Crangon crangon and Crangon vulgaris, cooked
Cheese, pre-packed, sliced	1000
Unripened cheese	1000
Processed cheese	2000
Layered cheese and cheese with added foods	1000
Non-heat-treated dairy-based deserts
Curdled milk	1000
Liquid egg (white, yolk or whole egg)
Dehydrated, concentrated, frozen and deep-frozen egg products	1000
Pre-packed sliced bread and rye-bread	2000
Partially baked, pre-packed bakery wares intended for retail sale	2000
Fine bakery wares with a water activity of more than 0.65	2000
Cereal- or potato-based snacks and coated nuts
Batters	2000
Confectionery (excluding chocolate)
Chewing gum
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 more	1000
Fat emulsions with a fat content less than 60%	2000
Emulsified sauces with a fat content of 60% or more	1000
Emulsified sauces with a fat content less than 60%	2000
Non-emulsified sauces
Prepared salads
Mustard
Seasonings and condiments
Liquid soups and broths (excluding canned)
Aspic	1000	500
Liquid dietary food supplements
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 meal

Part B — Sulphur dioxide and sulphites

EC No.	Name
Notes Maximum levels are expressed as SO₂ in mg/kg or mg/l as appropriate and relate to the total quantity, available from all sources. An SO₂ content of not more than 10 mg/kg or 10 mg/l is not considered to be present.	Notes Maximum levels are expressed as SO₂ in mg/kg or mg/l as appropriate and relate to the total quantity, available from all sources. An SO₂ content of not more than 10 mg/kg or 10 mg/l is not considered to be present.
E 220	Sulphur dioxide
E 221	Sodium sulphite
E 222	Sodium hydrogen sulphite
E 223	Sodium metabisulphite
E 224	Potassium metabisulphite
E 226	Calcium sulphite
E 227	Calcium hydrogen sulphite
E 228	Potassium hydrogen sulphite
Food	Maximum level (mg/kg or mg/l as appropriate) expressed as SO₂
---	---
Burger meat with a minimum vegetable and/or cereal content of 4%	450
Breakfast sausages Longaniza fresca and Butifarra fresca	450 450
Dried salted fish of the ‘Gadidae' species	200
Cruscaceans and cephalopods
— fresh, frozen and deep-frozen crustaceans, penaeidae solenceridae, aristeidae family:	150[^f00023]
— up to 80 units	150[^f00023]
— between 80 and 120 units	200[^f00023]
— over 120 units	300[^f00023]
— cooked	50[^f00023]
Dry biscuit	50
Starches (excluding starches for weaning foods, follow-on furmulae and infant formulae)	50
Sago	30
Pearl barley	30
Dehydrated granulated potatoes	400
Cereal- and potato-based snacks	50
Peeled potatoes	50
Processed potatoes (including frozen and deep-frozen potatoes)	100
Potato dough	100
White vegetables, dried	400
White vegetables, processed (including frozen and deep-frozen white vegetables)	50
Dried ginger	150
Dried tomatoes	200
Horseradish pulp	800
Onion, garlic and shallot pulp	300
Vegetables and fruits in vinegar, oil or brine (except olives and golden peppers in brine)	100
Golden peppers in brine	500
Processed mushrooms (including frozen mushrooms)	50
Dried mushrooms	100
Dried fruits
— apricots, peaches, grapes, prunes and figs	2000
— bananas	1000
— apples and pears	600
— other (including nuts in shell)	500
Dried coconut	50
Candied, crystallised or glacé fruit, vegetables, angelica and citcus peel	100
Jam, jelly and marmalade as defined in Directive 79/693/EEC[^f00024] (except extra jam and extra jelly) and other similar fruit spreads including low-calorie products	50
Jams, jellies and marmalades made with sulphited fruit	100
Fruit-based pie fillings	100
Citrus-juice-based seasonings	200
Concentrated grape juice for home wine-making	2000
Mostarda di frutta	100
Jellying fruit extract, liquid pectin for sale to the final consumer	800
Bottled whiteheart cherries, rehydrated dried fruit and lychees	100
Bottled, sliced lemon	250
Sugars as defined in Directive 73/437/EEC[^f00025] except glucose syrup, whether or not dehydrated	15
Glucose syrup, whether or not dehydrated	20
Treacle and molasses	70
Other sugars	40
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 establishments	50
Lime and lemon juice	350
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 groselha	250
Non-alcoholic flavoured drinks containing fruit juice	20 (carry-over from concentrates only)
Non-alcoholic flavoured drinks containing at least 235 g/l glucose syrup	50
Grape juice, unfermented, for sacramental use	70
Glucose-syrup-based confectionery	50 (carry-over from the glucose syrup only)
Beer including low-alcohol and alcohol-free beer	20
Beer with a second fermentation in the cask	50
Wines	in accordance with Regulations (EEC) No. 822/87, (EEC) No. 4252/88[^f00026], (EEC) No. 2332/92[^f00027] and (EEC) No. 1873/84[^f00028] 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[^f00029]
Alcohol-free wine	200
Made wine	260
Cider, perry, fruit wine, sparkling fruit wine (including alcohol-free products)	200
Mead	200
Fermentation vinegar	170
Mustard, excluding Dijon mustard Dijon mustard	250 500
Gelatin	50
Vegetable- and cereal-protein-based meat, fish and crustacean analogues	200

Part C — Other preservatives

EC No.	Name	Food	Maximum level
E 230	Biphenyl, diphenyl	Surface treatment of citrus fruits	70 mg/kg
E 231	Orthophenyl phenol	Surface treatment of citrus fruits	12 mg/kg individually or in combination expressed as orthophenyl phenol
E 232	Sodium orthophenyl phenol	Surface treatment of citrus fruits	12 mg/kg individually or in combination expressed as orthophenyl phenol
E 233	Thiabendazole	Surface treatment of: citrus fruit bananas	6 mg/kg 3 mg/kg
E 234	Nisin[^f00030]	Semolina and tapioca puddings and similar products	3 mg/kg
		Ripened cheese and processed cheese	12.5 mg/kg
		Clotted cream	10 mg/kg
E 235	Natamycin	Surface 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 239	Hexamethylene tetramine	Provolone cheese	25 mg/kg residual amount, expressed as formaldehyde
E 242	Dimethyl dicarbonate	Non-alcoholic flavoured drinks Alcohol-free wine Liquid-tea concentrate	250 mg/l ingoing amount, residues not detectable
E 284	Boric acid	Sturgeons' eggs (Caviar)	4g/kg expressed as boric acid
E 285	Sodium tetraborate (borax)	Sturgeons' eggs (Caviar)	4g/kg expressed as boric acid
EC No.	Name	Food	Indicative ingoing amount mg/kg
---	---	---	---
			mg/kg
E 249 E 250	Potassium nitrite[^f00031] Sodium nitrite[^f00031]	Non-heat-treated, cured, dried meat products	150[^f00032]
		Other cured meat products Canned meat products Foie gras, foie gras entier, blocs de foie gras	150[^f00032]
		Cured bacon
E 251 E 252	Sodium nitrate Potassium nitrate	Cured meat products Canned meat products	300
		Hard, semi-hard and semi-soft cheese Dairy-based cheese analogue
		Pickled herring and sprat
EC No.	Name	Food	Maximum level
---	---	---	---
E 280	Propionic acid[^f00036]
E 281	Sodium propionate[^f00036]
E 282	Calcium propionate[^f00036]
E 283	Potassium propionate[^f00036]	Pre-packed sliced bread and rye bread	3000 mg/kg expressed as propionic acid
		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 and pitta	2000 mg/kg expressed as propionic acid
		Christmas pudding Pre-packed bread	1000 mg/kg expressed as propionic acid
E 1105	Lysozyme	Ripened cheese	quantum satis

Part D — Other antioxidants

EC No.	Name	Food	Maximum 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	200[^f00037] (gallates and BHA, individually or in combination) 100[^f00037] (BHT) both expressed on fat
		Cake mixes	200 (gallates and BHA, individually or in combination
		Cereal-based snack foods
		Milk powder for vending machines
		Dehydrated soups and broths	expressed on fat
		Sauces
		Dehydrated meat
		Processed nuts
		Seasonings and condiments
		Pre-cooked cereals
		De-hydrated granulated potatoes	25 (gallates and BHA, individually or in combination)
		Chewing gum Dietary supplements	400 (gallates, BHT and BHA, individually or in combination)
E 315	Erythorbic acid	Semi-preserved and preserved meat products	500 expressed as erythorbic acid
E 315	Erythorbic acid	Preserved and semi-preserved fish products Frozen and deep-frozen fish with red skin	1500 expressed as erythorbic acid
E 316	Sodium erythorbate	Semi-preserved 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	1500 expressed as erythorbic acid

SCHEDULE 3 — Other Permitted Miscellaneous Additives

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