means any sweetener specified in Column 2 of Schedule 1 which satisfies the specific purity criteria for that sweetener specified in the Annex to Directive 95/31/EC”
(1)These Regulations may be cited as the Sweeteners in Food Amendment (Scotland) Regulations 2004 and come into force on 29th January 2005.
(2)These Regulations extend to Scotland only.
2Amendments to the Sweeteners in Food Regulations 1995#
The Sweeteners in Food Regulations 1995 are amended in accordance with regulations 3 to 7.
3Amendments to the Sweeteners in Food Regulations 1995#
(1)In regulation 2(1) (interpretation)–
(a)at the end of the definition of “Directive 94/35/EC”, insert–“and by Directive 2003/115/EC of the European Parliament and of the Council”
(b)in the definition of “Directive 95/31/EC”, for “Directive 2000/51 and Directive 2001/52/EC;”, substitute–“Directive 2000/51/EC, Directive 2001/52/EC and Directive 2004/46/EC;”
(c)for the definition of “permitted sweetener”, substitute–“• “permitted sweetener” means any sweetener specified in Column 2 of Schedule 1 which satisfies the specific purity criteria for that sweetener specified in the Annex to Directive 95/31/EC”
(2)In regulation 2(3)(c)(ii), before “saccharin” in the second place where it occurs, insert “the”.
4Amendments to the Sweeteners in Food Regulations 1995#
In regulation 3 (sale and use of sweeteners)–
(a)at the end of paragraph (3), insert–“as read with the notes to that Schedule”
(b)omit paragraph (5).
5Amendments to the Sweeteners in Food Regulations 1995#
In regulation 4(b)(iii) (sale of table-top sweeteners), after “aspartame”, insert–“or salt of aspartame acesulfame”
6Amendments to the Sweeteners in Food Regulations 1995#
In regulation 11 (transitional provision and exemption), after paragraph (1A), insert–“1B In any proceedings for an offence under these Regulations which allege a contravention of regulations 3, 4 or 5, it shall be a defence to prove that–a the act was committed before 29th January 2006;b the act was that of–i selling a sweetener or food;ii using a sweetener in or on food,which in either case was placed on the market before 29th July 2005; andc the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(1)(a) or (c) or (2), or 4 to 7 of the Sweeteners in Food Amendment (Scotland) Regulations 2004 had not been in force when the act was committed.”
7Amendments to the Sweeteners in Food Regulations 1995#
In Schedule 1 (permitted sweeteners and the foods in or on which they may be used)–
(a)in the entries in Column 3 relating to “E951 Aspartame”, after the entry ““Snacks”: certain flavours of ready to eat, pre packed, dry, savoury starch products and coated nuts”, insert the entry “Essoblaten” and in the corresponding place for that new entry in Column 4, insert “1000 mg/kg”;
(b)in the entries relating to “E952 Cyclamic Acid and its Na and Ca salts”–
(i)in the entry in Column 4 relating to “Water-based flavoured drinks, energy-reduced or with no added sugar”, for “400 mg/l”, substitute “250 mg/l”;
(ii)in the entry in Column 4 relating to “Milk and milk derivative based or fruit juice based drinks, energy reduced or with no added sugar”, for “400 mg/l”, substitute “250 mg/l”;
(iii)omit the entries listed in Columns 3 and 4 under the heading “Confectionery”; and
(iv)omit the entry in Columns 3 and 4 under the heading “Miscellaneous” relating to “Edible ices, energy reduced or with no added sugar”;
(c)omit the entries in Columns 2 to 4 relating to Sucralose listed at the end of the Table;
(d)after the entries relating to “E954 Saccharin and its Na, K and Ca salts”, insert–“”
(e)after the entries relating to E959 Neohesperidine DC, insert–“”
(f)for “Complete formulae for weight control intended to replace total daily food intake or an individual meal”, in each place where it appears, substitute–“• Foods intended for use in energy–restricted diets for weight reduction as referred to in Directive 96/8/EC”
(g)for “Complete formulae and nutritional supplements for use under medical supervision”, in each place where it appears, substitute–“• Dietary foods for special medical purposes as defined in Directive 1999/21/EC”
(h)for “Liquid food supplements/dietary integrators”, in each place where it appears, substitute–“• Food supplements as defined in Directive 2002/46/EC supplied in a liquid form”
(i)for “Solid food supplements/dietary integrators”, in each place where it appears, substitute–“• Food supplements as defined in Directive 2002/46/EC supplied in a solid form”
(j)for “Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable”, in each place where it appears, substitute–“• Food supplements as defined in Directive 2002/46/EC, based on vitamins and/or mineral elements and supplied in a syrup–type or chewable form”
(k)after notes 1 and 2 add–“3 The maximum usable doses for the salt of aspartame-acesulfame (E962) are derived from the maximum usable doses for its constituent parts, aspartame (E951) and acesulfame-K (E950). The maximum usable doses for both aspartame (E951) and acesulfame-K (E950) are not to be exceeded by use of the salt of aspartame-acesulfame, either alone or in combination with E950 or E951.4 The maximum usable doses for the salt of aspartame-acesulfame (E962) are expressed either as (a) acesulfame-K equivalents or (b) aspartame equivalents.”
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