Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 1999

Contents

1Citation, commencement and interpretation#

(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.

2Amendment of the principal Regulations#

The principal Regulations shall be amended in accordance with regulations 3 to 13.

3Amendment of the principal Regulations#

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”;

(b)in the definition of “Directive 96/77/EC” there shall be inserted at the end “, as amended by Commission Directive 98/86/EC”;

(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”.

4Amendment of the principal Regulations#

In regulation 3(4) (use of miscellaneous additives) for “Notes 1 and 3” there shall be substituted “Notes 1, 3 and 4”.

5Amendment of the principal Regulations#

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, orb 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 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.”

6Amendment of the principal Regulations#

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—“”“”“”“”

7Amendment of the principal Regulations#

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—“”

(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—“”

(iii)there shall be inserted at the end the following entries—“”

(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 partsCrustaceans and cephalopods:— fresh, frozen and deep-frozen— crustaceans,panaeidae solenceridae, aristeidaefamily:• up to 80 units• between 80 and 120 units• over 120 units— cooked”

(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 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—“”

(v)there shall be inserted at the end the following entries—“”

(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 NaNO₃Residual amounts nitrite formed from nitrate included, expressed as NaNO₂E 251 Sodium nitrateE 252 Potassium nitrateCured meat productsCanned meat productsHard, semi-hard and semi-soft cheeseDairy-based cheese analogue”

(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.E 280E 281E 282Propionic acidSodium propionateCalcium propionateEnergy 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 flutesChristmas puddingPre-packed bread”

(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”.

8Amendment of the principal Regulations#

There shall be substituted for Schedule 3 (other permitted miscellaneous additives) Schedule 1 to these Regulations.

9Amendment of the principal Regulations#

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 900LecithinsPolysorbatesSodium, potassium and calcium salts of fatty acidsMono and diglycerides of fatty acidsSorbitansFatty acidsDimethylpolysiloxaneKonjac(a) Konjac gum(ii) Konjac glucomannane”

10Amendment of the principal Regulations#

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”.

11Amendment of the principal Regulations#

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”.

12Amendment of the principal Regulations#

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.

13Amendment of the principal Regulations#

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—“”

(c)in Part II (miscellaneous additives permitted in follow-on formulae for infants in good health)—

(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—“7.5 g/1 sold as powder.9 g/1 sold as liquid where the products contain partially hydrolised 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”

(d)in Part III (miscellaneous additives permitted in weaning foods for infants and young children in good health) in the table there shall be inserted at the end the following entries—“The note in Part IV does not apply.”

(e)in Part IV (miscellaneous additives permitted in foods for infants and young children for special medical purposes) there shall be inserted at the end the following table—“”

14Consequential amendments#

(1)In the following Regulations references to the Miscellaneous Food Additives Regulations (Northern Ireland) 1996 shall be construed as references to those Regulations as amended by the Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 1997 and these Regulations:• the Mineral Hydrocarbons in Food Regulations (Northern Ireland) 1966;• ^note...• ^note...• the Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 1977;• ^note...• the Coffee and Coffee Products Regulations (Northern Ireland) 1979;• the Jam and Similar Products Regulations (Northern Ireland) 1982;• the Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984;• the Food Additives Labelling Regulations (Northern Ireland) 1992;• ^note...

(2)In the Food Additives Labelling Regulations (Northern Ireland) 1992—

(a)there shall be inserted after regulation 6 the following—“6A In any proceedings for an offence under these Regulations in respect of any food additive, it shall be a defence to prove that the food additive concerned was put on the market or labelled before 4th November 2000 and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulation 14(1) and (2)(b) of the Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 1999 had not been made when the food additive was put on the market or labelled.”

(b)in Schedule 1 (categories of food additives) in Part II (supplementary)—

(i)paragraph (s) shall be omitted; and

(ii)in paragraph (t) there shall be inserted at the beginning the words ““flour treatment agent”,” and there shall be inserted after the words “used as a” the words “flour treatment agent,”.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In the Bread and Flour Regulations (Northern Ireland) 1998—

(a)in regulation 5 (additional ingredients) there shall be substituted for paragraphs (1) and (2) the following paragraph—“1 No person shall use as an ingredient in the preparation of flour or bread any flour bleaching agent.”

(b)Schedule 3 (ingredients permitted in flour and bread) shall be omitted.

Schedule 1 · Containing new Schedule 3 to the principal Regulations

Schedule 2 · Miscellaneous Additives for which specific purity criteria specified or referred to in Schedule 5 to the Principal Regulations are omitted

Schedule 3 · Containing new Schedule 7 to the Principal Regulations

Contains public sector information licensed under the Open Government Licence v3.0.