The Mineral Hydrocarbons in Food Regulations 1966

Made: 12th August 1966

Laid before Parliament: 26th August 1966

Coming into Operation: 27th August 1966

The Minister of Agriculture, Fisheries and Food and the Minister of Health, acting jointly, in exercise of the powers conferred on them by sections 4 and 123 of the Food and Drugs Act 1955 and of all other powers enabling them in that behalf, hereby make the following regulations after consultation with such organisations as appear to them to be representative of interests substantially affected by the regulations:—

Citation and commencement

1

These regulations may be cited as the Mineral Hydrocarbons in Food Regulations 1966; and shall come into operation on 27th August 1966.

Interpretation

2

• (1) In these regulations, unless the context otherwise requires—

• “the Act” means the Food and Drugs Act 1955;

• “chewing compound” means chewing gum and other products of a like nature and use;

• “dried fruit” means prunes, currants, sultanas and raisins;

• “food” means food intended for sale for human consumption and includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include— water, live animals or birds, fodder or feeding stuffs for animals, birds or fish, or articles or substances used only as drugs;

• “food and drugs authority” has the meaning assigned to it by section 83 of the Act;

• “human consumption” includes use in the preparation of food for human consumption;

• “mineral hydrocarbon” means any hydrocarbon product, whether liquid, semi-liquid or solid, derived from any substance of mineral origin and includes liquid paraffin, white oil, petroleum jelly, hard paraffin and microcrystalline wax;

• “sell” includes offer or expose for sale or have in possession for sale; and “sale” shall be construed accordingly;

AND other expressions have the same meaning as in the Act.

• (2) The Interpretation Act 1889 shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament, and as if these regulations and the regulations hereby revoked were Acts of Parliament.

Exemptions

3

• (1) Regulation 4 of these regulations shall not apply in relation to—

• (a) any dried fruit containing not more than 0.5 part by weight of mineral hydrocarbon per 100 parts by weight of dried fruit;

• (b) any citrus fruit containing not more than 0.1 part by weight of mineral hydrocarbon per 100 parts by weight of citrus fruit;

• (c) any sugar confectionery containing mineral hydrocarbon by reason of the use of mineral hydrocarbon as a polishing or glazing agent for confectionery if such confectionery contains by reason thereof not more than 0.2 part by weight of mineral hydrocarbon per 100 parts by weight of such confectionery;

• (d) any food containing mineral hydrocarbon—

• (i) by reason of the use in the composition of such food of dried fruit, citrus fruit or sugar confectionery, or any one or more of these commodities, containing mineral hydrocarbon not in excess of the relevant quantities permitted in accordance with sub-paragraphs (a), (b) and (c) of this paragraph;

• (ii) 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;

• (e) 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;

• (f) the rind of any whole pressed cheese;

• (g) any egg, laid by any domestic fowl or domestic duck, which contains mineral hydrocarbon by reason of its having been subjected to a process of preservation consisting of being dipped in, sprayed with or otherwise treated with mineral hydrocarbon and which before sale or exposure for sale is required (by section 3 of the Agricultural Produce (Grading and Marking) Act 1928and orders made thereunder[^f00001] to be marked on the shell with the word “SEALED”;

• (h) any food intended for exportation to any place outside the United Kingdom.

• (2) Any reference in paragraph (1) of this regulation to any mineral hydrocarbon shall mean any liquid mineral hydrocarbon, any semi-liquid mineral hydrocarbon or any solid mineral hydrocarbon, as the case may be, which complies with the specifications therefor set forth respectively in paragraphs 1, 2 and 3 of Part I of the Schedule to these regulations or a mixture of such liquid, semi-liquid or solid mineral hydrocarbons:

Provided that the reference in paragraph (1)(e) of this regulation to solid mineral hydrocarbon shall mean solid mineral hydrocarbon which complies with the specification therefor set forth in paragraph 4 of the said Part of the said Schedule.

• (3) An exemption provided for in paragraphs (1)(a) to (g) of this regulation shall not apply if the food contains any mineral hydrocarbon other than mineral hydrocarbon of a kind referred to in paragraph (2) of this regulation.

Prohibition of mineral hydrocarbon in food

4

Subject to the provisions of these regulations—

• (a) no person shall use or permit to be used any mineral hydrocarbon in the composition or preparation of any food;

• (b) no person shall sell, consign or deliver, or import into England and Wales, any food containing any mineral hydrocarbon.

Condemnation of food containing mineral hydrocarbon

5

Where any food is certified by a public analyst as being food in the composition or preparation of which any mineral hydrocarbon has been used which it is an offence against the foregoing provisions of these regulations to use, permit to be used, sell, consign or deliver, or import into England and Wales, that food may be treated for the purposes of section 9 of the Act (under which food may be seized and destroyed on the order of a justice of the peace) as being unfit for human consumption.

Penalties

6

If any person contravenes or fails to comply with any of the foregoing provisions of these regulations he shall be guilty of an offence and shall be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both, and, in the case of a continuing offence, to a further fine not exceeding five pounds for each day during which the offence continues after conviction.

Enforcement

7

Each food and drugs authority shall enforce and execute these regulations in their area:

Application of various sections of the Act

8

• (1) Sections 108(3) and (4) (which relate to prosecutions), 110(1), (2) and (3)(which relate to evidence of analysis), 112 (which relates to the power of a court to require analysis by the Government Chemist), 113 (which relates to a contravention due to some person other than the person charged), 115(2) (which relates to the conditions under which a warranty may be pleaded as a defence) and 116 (which relates to offences in relation to warranties and certificates of analysis) of the Act shall apply for the purposes of these regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution as the case may be, taken or brought for an offence under these regulations and as if the reference in the said section 112 to subsection (4) of section 108included a reference to that subsection as applied by these regulations.

• (2) Paragraph (b) of the proviso to section 108(1) of the Act shall apply for the purposes of these regulations as if the reference therein to section 116 of the Act included a reference to that section as applied by these regulations.

Revocation

9

The Mineral Hydrocarbons in Food Regulations 1964[^f00002] are hereby revoked.

SCHEDULE

PART I — SPECIFICATIONS FOR LIQUID MINERAL HYDROCARBON, SEMI-LIQUID MINERAL HYDROCARBON AND SOLID MINERAL HYDROCARBON

Specification for liquid mineral hydrocarbon

1

Liquid mineral hydrocarbon—

• (a) shall be a transparent, almost colourless and tasteless mixture of liquid mineral hydrocarbons;

• (b) shall have an ultra-violet extinction (otherwise called absorbance) over the range 240–280 millimicrons not greater than 0.04 for a 1 centimetre layer of a solution in iso-octane containing 1 gram per litre, that is to say, $E ⁢ 0.1% 1 cm. shall not be greater than 0.04$ where E=log₁₀ (Io/I) and Io and I are the intensities of the incident radiation and of the transmitted radiation respectively; and

• (c) shall comply with the tests for acidity or alkalinity, carbonisable substances, solid paraffins, and sulphur compounds given in the monograph for Liquid Paraffin in the British Pharmacopoeia 1963.

Specification for semi-liquid mineral hydrocarbon

2

Semi-liquid mineral hydrocarbon—

• (a) shall be a white translucent unctuous mixture, barely fluorescent in daylight, of semi-liquid mineral hydrocarbons;

• (b) shall contain not more than 0.1 per cent. by weight of sulphated ash;

• (c) shall have an ultra-violet extinction (otherwise called absorbance) at 290 millimicrons not greater than 1.0 for a 1 centimetre layer of a solution in iso-octane containing 1 gram per litre, that is to say, $E ⁢ 0.1% 1 cm. shall not be greater than 1.0$ where E=log₁₀ (Io/I) and Io and I are the intensities of the incident radiation and of the transmitted radiation respectively; and

• (d) shall comply with the tests for acidity or alkalinity and sulphur compounds given in the monograph for Liquid Paraffin in the British Pharmacopoeia 1963.

Specification for solid mineral hydrocarbon other than any solid mineral hydrocarbon used or intended for use in chewing compounds

3

Solid mineral hydrocarbon other than any solid mineral hydrocarbon used or intended for use in any chewing compound—

• (a) shall be an almost odourless and tasteless mixture of solid mineral hydrocarbons;

• (b) shall contain not more than 0.1 per cent. by weight of sulphated ash;

• (c) shall comply with the test for acidity or alkalinity given in the monograph for Liquid Paraffin in the British Pharmacopoeia 1963;

• (d) shall comply with the test for sulphur compounds given in the monograph referred to in the preceding sub-paragraph of this Schedule:

Provided that such test shall be carried out at 70°C., or at 5°C. above the congealing point, of the solid mineral hydrocarbon, whichever is the higher;

• (e) shall comply with the requirements specified in one of the following sub-paragraphs, namely—

• (i) shall have been tested, before being used in the composition or preparation of any food, for the presence of polycyclic hydrocarbon by the method described in Part II of this Schedule with the result described in paragraph 6 of the said Part II, and if such solid mineral hydrocarbon is tested subsequently by the said method, shall give the said result; or

• (ii) have a viscosity at 99°C. not greater than 7.0 centistokes and an ultra-violet extinction (otherwise called absorbance) at 290 millimicrons not greater than 0.04 for a 1 centimetre layer of a solution in iso-octane containing 1 gram per litre, that is to say, $E ⁢ 0.1% 1 cm. shall not be greater than 0.04$ where E=log₁₀ (Io/I) and Io and I are the intensities of the incident radiation and of the transmitted radiation respectively; or

• (iii) have a viscosity at 99°C. not less than 10.0 centistokes and an ultra-violet extinction (otherwise called absorbance) at 290 millimicrons not greater than 1.0 for a 1 centimetre layer of a solution in iso-octane containing 1 gram per litre, that is to say, $E ⁢ 0.1% 1 cm. shall not be greater than 1.0$ where E=log₁₀ (Io/I) and Io and I are the intensities of the incident radiation and of the transmitted radiation respectively.

Specification for solid mineral hydrocarbon in chewing compounds

4

Solid mineral hydrocarbon used or intended for use in any chewing compound—

• (a) shall comply with the requirements contained in sub-paragraphs (a), (b), (c) and (d) of paragraph 3 of this Part of this Schedule; and

• (b) shall have been tested, before being used in the composition of any chewing compound, for the presence of polycyclic hydrocarbon by the method described in Part II of this Schedule with the result described in paragraph 6 of the said Part II, and if such solid mineral hydrocarbon is tested subsequently by the said method, shall give the said result.

PART II — METHOD OF TESTING SOLID MINERAL HYDROCARBON FOR THE PRESENCE OF POLYCYCLIC HYDROCARBON

Principle of method

General Instructions

Apparatus

Reagents

Method of Conducting Test

5

The test shall be carried out as follows—

Result of test

6

The tested solid mineral hydrocarbon shall be deemed to have satisfied the test if the following result is obtained, namely if the light extinction of the extract per centimetre path length does not exceed the following limits:

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th August 1966.

Frederick Peart — Minister of Agriculture, Fisheries and Food

Given under the Official Seal of the Minister of Health on 12th August 1966.

Kenneth Robinson — Minister of Health

Explanatory note

EXPLANATORY NOTE

These regulations, which supersede the Mineral Hydrocarbons in Food Regulations 1964, apply to England and Wales only, and come into operation on 27th August 1966.

The regulations prohibit (subject to certain exemptions relating to dried fruit, citrus fruit, sugar confectionery, food of which dried fruit, citrus fruit or sugar confectionery is an ingredient, lubricants, the rind of pressed cheese, and eggs) the use of any mineral hydrocarbon in the composition or preparation of food, the sale of food containing any mineral hydrocarbon, and the consignment, delivery or importation of any food containing any mineral hydrocarbon (regulation 4). The regulations do not apply to any food intended for exportation to any place outside the United Kingdom (regulation 3).

The regulations lay down revised specifications for mineral hydrocarbons the use of which is regulated in relation to the permitted exemptions, including a test for limits of content of certain polycyclic aromatic hydrocarbons (regulation 3(2) and Schedule).

The regulations also make provision for the following:—

Footnotes

[^f00001]: S.R. & O. 1936/1027 (Rev. I. p. 431: 1936 I, p. 39); S.I. 1950/211 (1950 I, p. 19).

[^f00002]: (1964 II, p. 2963).