The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013

Contents

Part 1 · Introductory

1Citation, extent and commencement#

These Regulations may be cited as the Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013, extend to Scotland only and come into force on 31st October 2013.

2Interpretation#

(1)In these Regulations—• “the Act” means the Food Safety Act 1990;• ^note...• “Regulation 2065/2003” means Regulation (EC) No 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods ^note;• “Regulation 1332/2008” means Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes ^note;• “Regulation 1333/2008” means Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives ^note^note...• “Regulation 1334/2008” means Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods ^note^note...• “authorised officer” means any person who is authorised in writing, either generally or specially, by a food authority to act in matters arising under these Regulations;

(2)Other expressions used in these Regulations and in the ^note... instruments listed in paragraph (4) have the same meaning in these Regulations as they do in those instruments.

(3)Any reference in these Regulations to a provision of any of the ^note... instruments listed in paragraph (4) is a reference to that provision as amended from time to time.

(4)The instruments are Regulation 2065/2003, Regulation (EC) No 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings ^note, Regulation 1332/2008, Regulation 1333/2008 and Regulation 1334/2008.

(5)The expression “the assimilated Regulations” means Regulation 2065/2003, Regulation 1332/2008, Regulation 1333/2008 and Regulation 1334/2008.

Part 2 · Food additives, flavourings and enzymes

3Offence of contravening EU requirements on food additives#

Any person who contravenes, or who uses or places on the market a product that fails to comply with, any of the provisions of Regulation 1333/2008 specified in the first column of Schedule 1, as read with transitional measures contained in or to be read with that Regulation, commits an offence.

4Offence of contravening EU requirements on flavourings, including smoke flavourings#

Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions of Regulation 1334/2008 specified in the first column of Schedule 2, as read with ^note... transitional measures contained in or to be read with Regulation 1334/2008, commits an offence.

5 #

Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions of Regulation 2065/2003 specified in the first column of Schedule 3, ^note... commits an offence.

6Offence of contravening EU requirements on food enzymes#

Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions of Regulation 1332/2008 specified in the first column of Schedule 4, as read with Articles 18 and 24 (transitional measures) of that Regulation, commits an offence.

Part 3 · Extraction solvents

7Controls on extraction solvents#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 #

The provisions of this Part do not apply to any extraction solvent—

(a)used in the production of any food additives, vitamins or any other nutritional additives, unless such food additives, vitamins or other nutritional additives are listed in schedule 6; or

(b)intended for export outside Great Britain.

9 #

In this Part “permitted extraction solvent” means—

(a)an extraction solvent that—

(i)is listed in schedule 6;

(ii)is used in accordance with the conditions of use and within any maximum residue limits specified in schedule 6;

(iii)does not contain a toxicologically dangerous amount of any element or substance; and

(iv)subject to any exceptions deriving from specific purity criteria, does not contain more than 1 mg/kg of arsenic or more than 1 mg/kg lead; ^note...

(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)water to which substances regulating acidity or alkalinity may have been added; or

(c)food substances which possess solvent properties.

10 #

No person may use as an extraction solvent in the production of food any extraction solvent that is not a permitted extraction solvent.

11 #

(1)No person may place on the market—

(a)an extraction solvent that is not a permitted extraction solvent; or

(b)any food having in it or on it an added extraction solvent that is not a permitted extraction solvent.

(2)No person may place on the market an extraction solvent that does not meet the requirements of regulation 12.

12 #

(1)Subject to paragraph (2), the following information must appear on the packaging, container or label—

(a)the commercial name as indicated in schedule 6;

(b)a clear indication that the material is of a quality suitable for use for the extraction of food or food ingredients;

(c)a reference by which the batch or lot may be identified;

(d)the name or business name and address of the manufacturer or packer or of a seller established in the United Kingdom;

(e)the net quantity given as units of volume; and

(f)if necessary, the special storage conditions or conditions of use.

(2)The particulars specified in subparagraphs (c), (d), (e) and (f) of paragraph (1) may alternatively appear on the trade documents relating to the batch or lot which are to be supplied with, or prior to, the delivery.

(3)The information specified in paragraph (1) must be easily visible, clearly legible and indelible.

(4)The information specified in paragraph (1) may be provided in more than one language, but at least one of those languages must be easily understood by the purchaser unless other measures have been taken to ensure that the purchaser is informed of the specified information.

Part 4 · Administration and enforcement

13Authority#

The ^note... authority for the purpose of Article 7 of Regulation 2065/2003 is the Food Standards Scotland.

14Enforcement authorities#

It is the duty of each food authority within its area to execute and enforce these Regulations and the assimilated Regulations.

15Offences and penalties#

(1)Any person who contravenes regulation 10 or 11 commits an offence.

(2)Any person who commits an offence under regulation 3, 4, 5, 6 or 15(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

15ATransitional provision: withdrawal from the EU#

A person is to be considered not to have contravened regulation 11(2), as it applies to regulation 12(1)(d), in the following circumstances—

(a)an extraction solvent has the name or business name and address of the manufacturer or packer, or of a seller established in the territory of the European Union, appearing on the packaging, container or label,

(b)this would have complied with regulation 11(2), as it applies to regulation 12(1)(d) immediately before IP completion day, and

(c)the extraction solvent is placed on the market no later than 31 December 2023.

16Condemnation of food#

(1)Paragraph (2) applies where it appears to an authorised officer that—

(a)a product fails to comply with any of the requirements specified in the first column of Schedule 1, as read with transitional measures contained in or to be read with Regulation 1333/2008;

(b)a product fails to comply with any of the requirements specified in the first column of Schedule 2, ^note... as read with transitional measures contained in or to be read with Regulation 1334/2008;

(c)a product fails to comply with any of the requirements specified in the first column of Schedule 3, ^note...;

(d)a product fails to comply with any of the requirements specified in the first column of Schedule 4, as read with Articles 18 and 24 of Regulation 1332/2008; or

(e)a food is placed on the market in contravention of the prohibition in regulation 11(1)(b).

(2)Where this paragraph applies, subsections (3) to (9) of section 9 of the Act apply with the following modifications—

(a)references to “food” are to be read as including a reference to “product”;

(b)references to “food safety requirements” are to be read as including a reference to—

(i)any of the requirements referred to in sub-paragraphs (1)(a) to (d);

(ii)the prohibition referred to in sub-paragraph (1)(e).

17Application of various provisions of the Food Safety Act 1990#

(1)The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations—

(a)section 20 (offences due to fault of another person);

(b)section 21 (defence of due diligence) ^note with the modification that—

(i)subsections (2) to (4) apply in relation to an offence under regulation 3, 4, 5, 6 or 15 as they apply in relation to an offence under section 14 or 15; and

(ii)in subsection (4) the references to “sale” are deemed to include references to “placing on the market”;

(c)section 30(8) (which relates to documentary evidence);

(d)section 35(1) (punishment of offences) ^note, in so far as it relates to offences under section 33(1) as applied by paragraph (2)(b);

(e)section 35(2) and (3) ^note, in so far as it relates to offences under section 33(2) as applied by paragraph (2)(c);

(f)section 36 (offences by bodies corporate); and

(g)section 36A (offences by Scottish partnerships) ^note.

(2)The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act is to be construed as including a reference to the assimilated Regulations and these Regulations—

(a)section 3 (presumption that food intended for human consumption) with the modification that the references to “sold” and “sale” are deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (b); and

(d)section 44 (protection of officers acting in good faith).

(3)Section 34 of the Act (time limit for prosecutions) applies to offences under these Regulations as it applies to offences punishable under section 35(2) of the Act.

Part 5 · General

18Consequential and other amendments#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In regulation 2(1) (interpretation) of the Jam and Similar Products (Scotland) Regulations 2004 ^note, in the definition of “permitted sweetener” for the expression “the Food Additives (Scotland) Regulations 2009” substitute “ Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives ”.

19Revocations#

The instruments listed in the first column of Schedule 5 are revoked to the extent specified in the second column.

Schedule 6 · Extraction solvents which may be used during the processing of raw materials, of foodstuffs, of food components or of food ingredients

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

Defined terms · 8

Show every defined term

authorised officer
means any person who is authorised in writing, either generally or specially, by a food authority to act in matters arising under these Regulations;
permitted extraction solvent
means—
Regulation 1332/2008
means Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes;
Regulation 1333/2008
means Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives... • “Regulation 1334/2008” means Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods... • “authorised officer” means any person who is authorised in writing, either generally or specially, by a food authority to act in matters arising under these Regulations;
Regulation 1334/2008
means Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods... • “authorised officer” means any person who is authorised in writing, either generally or specially, by a food authority to act in matters arising under these Regulations;
Regulation 2065/2003
means Regulation (EC) No 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods;
the Act
means the Food Safety Act 1990;
the assimilated Regulations
means Regulation 2065/2003, Regulation 1332/2008, Regulation 1333/2008 and Regulation 1334/2008.

1Citation, extent and commencement#

2Interpretation#

3Offence of contravening EU requirements on food additives#

4Offence of contravening EU requirements on flavourings, including smoke flavourings#

6Offence of contravening EU requirements on food enzymes#

7Controls on extraction solvents#

13Authority#

14Enforcement authorities#

15Offences and penalties#

15ATransitional provision: withdrawal from the EU#

16Condemnation of food#

17Application of various provisions of the Food Safety Act 1990#

18Consequential and other amendments#

19Revocations#

Connections

Defined terms · 8

Key facts

History · 8 versions

1Citation, extent and commencement#

2Interpretation#

3Offence of contravening EU requirements on food additives#

4Offence of contravening EU requirements on flavourings, including smoke flavourings#

6Offence of contravening EU requirements on food enzymes#

7Controls on extraction solvents#

13Authority#

14Enforcement authorities#

15Offences and penalties#

15ATransitional provision: withdrawal from the EU#

16Condemnation of food#

17Application of various provisions of the Food Safety Act 1990#

18Consequential and other amendments#

19Revocations#