LegalizeMiscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 1999
Made: 25th May 1999
Coming into operation: 13th July 1999
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), 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, hereby make the following Regulations, after consultation in accordance with Article 47(3) of the said Order with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations:
Citation, commencement and interpretation
1
- (1) These Regulations may be cited as the Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 13th July 1999.
- (2) In these Regulations “the principal Regulations” means the Miscellaneous Food Additives Regulations (Northern Ireland) 1996[^f00003].
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 13.
3
In regulation 2(1) (interpretation)—
- (a) in the definition of “Directive 95/2/EC” there shall be inserted at the end “and European Parliament and Council Directive 98/72/EC[^f00004]”;
- (b) in the definition of “Directive 96/77/EC” there shall be inserted at the end “, as amended by Commission Directive 98/86/EC[^f00005]”;
- (c) after the definition of “flavour enhancer” there shall be inserted the following—
- “flour treatment agent” means a substance added to flour or dough to improve its baking quality, but does not include any emulsifier;
- (d) in the definition of “miscellaneous additive”—
- (i) after “flavour enhancer”, there shall be inserted “flour treatment agent,”;
- (ii) there shall be inserted at the end “or any enzyme except invertase or lysozyme”.
4
In regulation 3(4) (use of miscellaneous additives) for “Notes 1 and 3” there shall be substituted “Notes 1, 3 and 4”.
5
In regulation 11 (transitional provisions and exemptions) there shall be inserted after paragraph (1A) the following paragraph—
(1B) In any proceedings for an offence against 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 1st July 1999 and the matter constituting the offence would not have constituted an offence against these Regulations if the amendments made by regulations 3(b) and 10 of the Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 1999 had not been made when the food additive or, as the case may be, the food was put on the market or labelled, or (b) the food additive or food concerned was put on the market or labelled before 4th November 2000 and the matter constituting the offence would not have constituted an offence against these Regulations or the Bread and Flour Regulations (Northern Ireland) 1998[^f00006] if the amendments made by regulations 3(c) and (d)(i), 7(b)(iii), 12 and 14(4) of the Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 1999 had not been made when the food additive or, as the case may be, the food was put on the market or labelled.
6
In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8)—
- (a) after note (3) there shall be inserted—
(4) The substance E 920 may be used only as a flour treatment agent.
- (b) in the table there shall be inserted sequentially according to EC number the following entries—
| E 469 | Enzymatically hydrolysed carboxy methyl cellulose |
|---|---|
| E 920 | L-Cysteine |
| --- | --- |
| E 1103 | Invertase |
| --- | --- |
, and
| E 1451 | Acetylated oxidised starch |
|---|---|
7
In Schedule 2 (conditionally permitted preservatives and antioxidants)—
- (a) in Part A (sorbates, benzoates and p-hydroxybenzoates) in the second table—
- (i) there shall be substituted for the entry relating to olives and olive-based preparations the following entry—
| Olives and olive-based preparations | 1000 | 500 | 1000 | |
|---|---|---|---|---|
- (ii) there shall be substituted for the entries relating to emulsified sauces with a fat content of 60% or more and emulsified sauces with a fat content less than 60% the following entries—
| Emulsified sauces with a fat content of 60% or more | 1000 | 500 | 1000 | |
|---|---|---|---|---|
| Emulsified sauces with a fat content less than 60% | 2000 | 1000 | 2000 |
- (iii) there shall be inserted at the end the following entries—
| . . . Mehu and Makeutettu . . . Mehu | 500 | 200 | ||
|---|---|---|---|---|
| Analogues of meat, fish, crustaceans and cephalopods and cheese based on protein | 2000 | |||
| Dulce de membrillo | 1000 | |||
| Marmelada | 1500 | |||
| Ostkaka | 2000 | |||
| Pasha | 1000 | |||
| Semmelkn 154 delteig | 2000 | |||
| Cheese and cheese analogues (surface treatment only) | quantum satis | |||
| Cooked red beet | 2000 | |||
| Collagen-based casings with a water activity greater than 0.6 | quantum satis |
- (b) in Part B (suplhur dioxide and sulphites) in the second table—
- (i) there shall be substituted for the entries relating to crustaceans and cephalopods the following entries—
| (*)In edible parts | (*)In edible parts |
|---|---|
| Crustaceans and cephalopods: | |
| — fresh, frozen and deep-frozen | 150[^f01000] |
| — crustaceans,panaeidae solenceridae, aristeidaefamily: | |
| up to 80 units | 150[^f01000] |
| between 80 and 120 units | 200[^f01000] |
| over 120 units | 300[^f01000] |
| — cooked | 50[^f01000] |
- (ii) in column 1 there shall be substituted for “Dehydrated granulated potatoes” the words “Dehydrated potatoes”;
- (iii) in the entry relating to sugars as defined in Directive 73/437/EEC[^f00007] except glucose syrup, whether or not dehydrated, there shall be substituted in column 2 for the number “15” the number “10”;
- (iv) there shall be substituted for the entry relating to vegetable — and cereal-protein-based meat, fish and crustacean analogues the following entry—
| Analogues of meat, fish and crustacean based on protein | 200 |
|---|---|
- (v) there shall be inserted at the end the following entries—
| Marinated nuts | 50 |
|---|---|
| Vacumn packed sweet corn | 100 |
| Distilled alcoholic beverages containing whole pears | 50 |
- (c) in Part C (other preservatives)—
- (i) in the first table the entry relating to E 233 Thiabendazole shall be omitted;
- (ii) in the first table in the entry relating to E 234 Nisin there shall be inserted at the end in column 3 the word “Mascarpone” and in column 4 opposite that word “10 mg/kg”;
- (iii) in the second table there shall be substituted for the entries relating to E 251 Sodium nitrate and E 252 Potassium nitrate the following entries—
| (*)Expressed as NaNO₃ | (*)Expressed as NaNO₃ | (*)Expressed as NaNO₃ | (*)Expressed as NaNO₃ |
|---|---|---|---|
| (X)Residual amounts nitrite formed from nitrate included, expressed as NaNO₂ | (X)Residual amounts nitrite formed from nitrate included, expressed as NaNO₂ | (X)Residual amounts nitrite formed from nitrate included, expressed as NaNO₂ | (X)Residual amounts nitrite formed from nitrate included, expressed as NaNO₂ |
| E 251 Sodium nitrateE 252 Potassium nitrate | Cured meat productsCanned meat products | 300 | 250[^f01001] |
| Hard, semi-hard and semi-soft cheeseDairy-based cheese analogue | 50[^f01001] | ||
| Pickled herring and sprat | 200[^f01002] | ||
| Foie gras, foie gras entier, blocs de foie gras | 50[^f01001] |
- (iv) in the third table there shall be substituted for the entries relating to E 280 Propionic acid, E 281 Sodium propionate, E 282 Calcium propionate and E 283 Potassium propionate the following entries—
| (*)Propionic acid and its salts may be present in certain fermented products resulting from the fermentation process following good manufacturing practice. | (*)Propionic acid and its salts may be present in certain fermented products resulting from the fermentation process following good manufacturing practice. | (*)Propionic acid and its salts may be present in certain fermented products resulting from the fermentation process following good manufacturing practice. | (*)Propionic acid and its salts may be present in certain fermented products resulting from the fermentation process following good manufacturing practice. |
|---|---|---|---|
| E 280E 281E 282 | Propionic acid[^f01003]Sodium propionate[^f01003]Calcium propionate[^f01003] | Pre-packed sliced bread and rye bread | 3000 mg/kg expressed as propionic acid |
| E 283 | Potassium propionate[^f01003] | Energy reduced breadPartially baked, pre-packed breadPre-packed fine bakery wares (including flour confectionery) with a water activity of more than 0.65Pre-packed rolls, buns andpittaPrepackedpølsebrød bolleranddansk flutes | 2000 mg/kg expressed as propionic acid |
| Christmas puddingPre-packed bread | 1000 mg/kg expressed as propionic acid | ||
| Cheese and cheese analogues (surface treatment only) | Quantum satis |
- (d) in Part D (other antioxidants) in the table there shall be substituted in column 3 for “De-hydrated granulated potatoes” the words “Dehydrated potatoes”.
8
There shall be substituted for Schedule 3 (other permitted miscellaneous additives) Schedule 1 to these Regulations.
9
In Schedule 4 (permitted carriers and carrier solvents) in the table there shall be inserted at the end the following entries—
| E 322E 432-E436E 470aE 471E 491-E 495E 570E 900 | LecithinsPolysorbatesSodium, potassium and calcium salts of fatty acidsMono and diglycerides of fatty acidsSorbitansFatty acidsDimethylpolysiloxane | Glazing agents for fruit |
|---|---|---|
| Polyethyleneglycol 6000 | Sweeteners | |
| E 425 | KonjacKonjac gumKonjac glucomannane | |
| E 459 | Beta-cyclodextrine | Maximum 1 g/kg in or on the food |
| E 1451 | Acetylated oxidised starch | |
| E 468 | Cross linked sodium carboxy methyl cellulose | Sweeteners |
| E 469 | Enzymatically hydrolysed carboxy methyl cellulose |
10
In Schedule 5 (purity criteria)—
- (a) the entries relating to the miscellaneous additives listed in Schedule 2 to these Regulations shall be omitted;
- (b) in the entry relating to Propane-1,2-diol (propylene glycol) there shall be substituted for “Directive 78/663/EEC” the words “Directive 78/664/EEC[^f00008]”.
11
In Schedule 6 (foods in which miscellaneous additives listed in Schedule 1 are generally prohibited)—
- (a) there shall be substituted for the words from “Pasteurised and sterilised” to the words “and semi-skimmed)” the words “Pasteurised and sterilised (including UHT) milk (including plain, skimmed and semi-skimmed) and plain pasteurised cream”;
- (b) after the words “Dry pasta” there shall be inserted the words, “, excluding gluten-free pasta or pasta intended for hypoproteic diets, in accordance with Directive 89/398/EEC[^f00009]”.
12
There shall be substituted for Schedule 7 (foods in which a limited number of miscellaneous additives listed in Schedule 1 may be used) Schedule 3 to these Regulations.
13
In Schedule 8 (miscellaneous additives permitted in foods for infants and young children)—
- (a) there shall be substituted for the first introductory note the following introductory 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 150 g/kg of E 414 and 10 g/kg of E 551, as well as E 421 (mannitol) when used as a carrier for vitamin B12 (not less than 1 part vitamin B12 to 1000 parts mannitol). The carry over of E 414 in the product ready for consumption shall not be more than 10 mg/kg. (1A) Formulae and weaning foods for infants and young children may contain E 301 (sodium L-ascorbate), used at quantum satis level in coatings of nutrient preparations containing polyunsaturated fatty acids. The carry over of E 301 in the product ready for consumption shall not be more than 75 mg/l.
- (b) in Part I (miscellaneous additives permitted in infant formulae for infants in good health)—
- (i) there shall be substituted for note (b) the following note—
(b) if more than one of the substances E 322, E 471, E 472c and E 473 is added to a food, the maximum level established for that food for each of those substances is lowered by that relative part as is present of the other substances together in that food.
- (ii) in the table where there shall be inserted at the end the following entries—
| E 304 | L-ascorbyl palmitate | 10 mg/1 |
|---|---|---|
| E 331 | Sodium citrates | 2 g/1 |
| E 332 | Potassium citrates | Individually or in combination and in conformity with the limits set in Annex 1 to Directive 91/321/ EEC[^f00010] |
| E 339 | Sodium phosphates | 1 g/1 expressed as P₂O₅ |
| E 340 | Potassium phosphates | Individually or in combination and in conformity with the limits set in Annex 1 to Directive 91/321/EEC |
| E 412 | Guar gum | 1 g/1, where the liquid product contains partially hydrolysed proteins and is in conformity with the conditions set in Annex IV to Directive 91/321 EEC, as amended by Directive 96/4/EC[^f00011] |
| E472c | Citric acid esters of mono-and diglycerides of fatty acids | 7.5 g/1 sold as powder |
| g/1 sold as liquid where the products contain partially hydrolysed proteins, peptides or amino acids and are in conformity with the conditions set in Annex IV to Directive 91/321/EEC, as amended by Directive 96/4/EC | ||
| E 473 | Sucrose esters of fatty acids | 120 mg/1 in products containing hydrolysed proteins, peptides or amino acids |
- (c) in Part II (miscellaneous additives permitted in follow-on formulae for infants in good health)—
- (i) there shall be substituted for note (b) the following note—
(b) if more than one of the substances E 322, E 471, E 472c and E 473 is added to a food, the maximum level established for that food for each of those substances is lowered by that relative part as is present of the other substances together in that food.
- (ii) in note (c) there shall be substituted for the words “lowered with” the words “lowered by”;
- (iii) in the table there shall be inserted at the end the following entries—
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