Citation, commencement and extent

1.—(1) These Regulations may be cited as the Miscellaneous Food Additives and the Sweeteners in Food Amendment (Scotland) Regulations 2007 and come into force on 1st October 2007.

(2) These Regulations extend to Scotland only.

Amendments to the Miscellaneous Food Additives Regulations 1995

2.  The Miscellaneous Food Additives Regulations 1995(4) (“the Additives Regulations”) are amended in accordance with regulations 3 to 13 below.

3.  In regulation 2(1) (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 “and European Parliament and Council Directive 2003/114/EC”, substitute “, European Parliament and Council Directive 2003/114/EC(5) and European Parliament and Council Directive 2006/52/EC(6);”; and

(c) in the definition of “Directive 96/77/EC”, for “and Commission Directive 2004/45/EC” substitute “, Commission Directive 2004/45/EC and Commission Directive 2006/129/EC(7);”; and

(d) after the definition of “food additive”, insert–

““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–

“(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 regulations 5(a), 6(a), (b) and (d), or 8 of the Miscellaneous Food Additives and the Sweeteners in Food Amendment (Scotland) Regulations 2007 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), insert–

“(5) The substances E 400, E 401, E 402, E 403, E 404, E 406, E 407, E 407a, E 410, E 412, E 413, E 414, E 415, E 417, E 418 and E 440 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 E 461, insert–

6.  In Schedule 2 (conditionally permitted preservatives and antioxidants), Part A (sorbates, benzoates and p-hydroxybenzoates)–

(a) in the first table, omit the entries for E 216 Propyl p-hydroxybenzoate and E 217 Sodium propyl p-hydroxybenzoate;

(b) in the second table, omit the entries for “Shrimps, cooked” and “Crayfish tails, cooked, and pre-packed marinated cooked molluscs”;

(c) in the first column (Food) of the second table, for “Dietetic foods intended for special medical purposes”, substitute “Dietary foods for special medical purposes as defined in Directive 1999/21/EC(8)”; and

(d) at the end of the second table, insert–

7.  In Schedule 2, Part B (sulphur dioxide and sulphites), in the second table–

(a) for the entries relating to crustaceans and cephalopods, substitute–

(b) for “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, insert–

8.  In Schedule 2, Part C (other preservatives), for the table relating to E 249, E 250, E 251 and E 252, substitute the table set out in Schedule 1 to these Regulations.

9.  In Schedule 2, Part D (other antioxidants), for the table, substitute the table set out in Schedule 2 to these Regulations.

10.  In Schedule 3 (other permitted miscellaneous additives)–

(a) in the third (Food) and fourth (Maximum level) columns of the entry relating to E 385, insert the following entry–

(b) after the entry relating to E 967, insert–

(c) after the entry relating to E 425, insert–

(d) in the third column of the entry relating to E 468, for “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 “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 “Dietary food supplements”, substitute “Food supplements”;

(g) in the third column of the entries relating to E 1201 and E 1202, for “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 “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 “In the case of beverages,” insert “with the exception of cream liqueurs,”; and

(j) at the end of the table, insert the following entries–

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, insert the corresponding entry “Erythritol”;

(b) after the entry relating to E 461, in the first column, insert “E 462” and in the second column, insert the corresponding entry “Ethyl cellulose”; and

(c) in the third column of the entry relating to E 551 and E 552, after “Emulsifiers and colours, max. 5%” insert “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–

(b) in the entry relating to “pain courant français”, in the first column, insert “Friss búzakenyér, fehér és félbarna kenyerek”; and

(c) in the entry relating to “foie gras, foie gras entier, blocs de foie gras”, in the first column, insert “Libamáj, libamáj egészben, 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 “weaning foods”, substitute “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), 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 “weaning foods”, substitute “processed cereal-based foods and baby foods”; and

(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–

  “E 473

  Sucrose esters of fatty acids

  120 mg/l

  Products containing hydrolysed proteins, peptides and amino acids”

Amendments to the Sweeteners in Food Regulations 1995

14.—(1) The Sweeteners in Food Regulations 1995(9) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1) (interpretation)–

(a) in the definition of Directive 94/35/EC, for the expression “and by Directive 2003/115/EC of the European Parliament and of the Council”, substitute “by Directive 2003/115/EC of the European Parliament and of the Council(10) and by Directive 2006/52/EC of the European Parliament and of the Council(11)”; and

(b) in the definition of “Directive 95/31/EC”, for the expression “and Directive 2004/46/EC” substitute “and Directives 2004/46/EC and 2006/128/EC(12)”.

(3) In Schedule 1 (permitted sweeteners and the foods in or on which they may be used)–

(a) in column 1, after “E 967”, insert “E 968”; and

(b) in column 2, after “Xylitol”, insert “Erythritol”.