1997 No. 257
FOOD
Sweeteners in Food (Amendment) Regulations (Northern Ireland) 1997
Made 28th May 1997
Coming into operation 7th July 1997

The Department of Health and Social Services in exercise of the powers conferred on it by Articles 15(1)(a), 16(1), 25(1) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991 and of all other powers enabling it in that behalf and after consultation in accordance with Article 47(3) of that Order with such organisations as appear to it to be representative of interests likely to be substantially affected by the Regulations, hereby makes the following Regulations:
S.I.1991/762 (N.I. 7) as amended by S.I.1996/1633 (N.I. 12). See Article 2(2) for the definitions of “the Department concerned” and “regulations”

1 Citation, commencement and interpretation
1 These Regulations may be cited as the Sweeteners in Food (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 7th July 1997.
2 In these Regulations “the principal Regulations” means the Sweeteners in Food Regulations (Northern Ireland) 1996.
S.R. 1996 No. 48

2 Amendment of the principal Regulations
1 The principal Regulations shall be amended in accordance with paragraphs (a) to (f)—
(a) in paragraph (1) of regulation 2 (interpretation)—
(i) in the definition of “Directive 94/35/EC” after “foodstuffs” there shall be inserted “, as amended by Directive 96/83/EC of the European Parliament and of the Council”;
O.J. No. L48, 19.2.97, p. 16
(ii) after the definition of “permitted sweetener” there shall be inserted—

““relevant compound foods” means compound foods with no added sugar or energy-reduced, compound dietary foods intended for a low-calorie diet and compound foods with a long shelf-life;”

;
(b) in regulation 3 (sale and use of sweeteners)—
(i) in paragraphs (2) and (3), after “paragraph (3)” and “paragraph (4)” respectively, there shall be inserted “and regulation 5A”;
(ii) in paragraph (4) after “uses” there shall be inserted “(including any food for infants and young children not in good health)”;
(c) at the beginning of regulation 5 (sale of food containing sweeteners) there shall be inserted “Subject to regulation 5A,”;
(d) after regulation 5 there shall be inserted—

“5A Compound foods
1 Where a permitted sweetener is present in or on a relevant compound food and that relevant compound food contains, as an ingredient, a food in or on which that sweetener was or could have been used without contravening any of the provisions of paragraph (2) or (3) of regulation 3, that sweetener shall, for the purposes of those paragraphs and regulation 5, be deemed to have been used in or on that relevant compound food without contravening any of the provisions of those paragraphs.
2 The use in or on a food of any permitted sweetener shall not constitute a contravention of paragraph (2) or (3) of regulation 3 if that food is destined to be used solely in the preparation of a compound food which complies with those paragraphs and sale of the food in or on which the permitted sweetener was used shall not constitute a contravention of regulation 5.”

;
(e) in regulation 11 (transitional provision and exemption)—
(i) after paragraph (1) there shall be inserted—

“1A In any proceedings for an offence under these Regulations which allege a contravention of regulation 3(1), 4 or 5 it shall be a defence to prove that—
(a) the act—
(i) was committed before 19th June 1998, or
(ii) was that of selling a sweetener or food which, in either case, was put on the market or labelled before 19th June 1998; and
(b) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by the Sweeteners in Food (Amendment) Regulations (Northern Ireland) 1997 had not been made when the act was committed or, as the case may be, the food was put on the market or labelled.”

;
(ii) for paragraph (2) there shall be substituted—

“2 These Regulations shall not apply in respect of any sweetener or, as the case may be, food which is brought into Northern Ireland having been lawfully put on the market or labelled in another member State before 30th June 1996.”

; and
(iii) paragraph (3) shall be deleted; and
(f) the contents of the Schedule to these Regulations shall be substituted for Schedule 1.
Sealed with the Official Seal of the Department of Health and Social Services on
J. R. Kearney Assistant Secretary 28th May 1997.
SCHEDULE

“SCHEDULE 1 Permitted sweeteners and the foods in or on which they may be used
Regulations 2(1) and (3) and 3(3)
Column 1	Column 2	Column 3	Column 4
ECNo.	Permitted sweetener	Foods in or on which permitted sweeteners may be used	Maximum usable dose
		Desserts and similar products	quantum satis
		— water-based flavoured desserts, energy-reduced or with no added sugar	
		— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar	
E 420	Sorbitol (i) Sorbitol (ii) Sorbitol syrup	— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar	
E 421	Mannitol	— Egg-based desserts, energy-reduced or with no added sugar	
E 953	Isomalt	— Cereal-based desserts, energy-reduced or with no added sugar	
E 965	Maltitol (i) Maltitol (ii) Maltitol syrup	— Breakfast cereals or cereal-based products, energy reduced or with no added sugar	
E 966	Lactitol	— Fat-based desserts, energy-reduced or with no added sugar	
E 967	Xylitol	— Edible ices, energy reduced or with no added sugar	
		— Jams, jellies, marmalades and crystallized fruit, energy-reduced or with no added sugar	
		— Fruit preparations, energy-reduced or with no added sugar, with the exception of those intended for the manufacture of fruit-juice-based drinks	
		Confectionery	
		— Confectionery with no added sugar	
		— Dried-fruit-based confectionery, energy- reduced or with no added sugar	
		— Starch-based confectionery, energy- reduced or with no added sugar	
		— Chewing gum with no added sugar	
		Miscellaneous	
E 420		— Cocoa-based products, energy-reduced or with no added sugar	
E 421		— Cocoa-, milk-, dried fruit - or fat-based sandwich spreads, energy-reduced or with no added sugar	
E 953			
E 965		— Sauces	
E 966		— Mustard	
E 967 (cont'd)		— Fine bakery products, energy-reduced or with no added sugar	
		— Products intended for particular nutritional uses	
		— Solid food supplements/dietary integrators
E 950	Acesulfame K	Non-alcoholic drinks	
		— Water-based flavoured drinks, energy- reduced or with no added sugar	350 mg/l
		— Milk- and milk-derivative-based or fruit-juice-based drinks, energy- reduced or with no added sugar	350 mg/l
		Desserts and similar products	
		— Water-based flavoured desserts, energy-reduced or with no added sugar	350 mg/kg
		— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar	350 mg/kg
		— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar	350 mg/kg
		— Egg-based desserts, energy-reduced or with no added sugar	350 mg/kg
		— Cereal-based desserts, energy reduced or with no added sugar	350 mg/kg
		— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar	1200 mg/kg
		— Fat-based desserts, energy-reduced or with no added sugar	350 mg/kg
		Confectionery	
		— Confectionery with no added sugar	500 mg/kg
		— Breath-freshening micro-sweets, with no added sugar	2500 mg/kg
		— Energy-reduced tablet-form confectionery	500 mg/kg
		— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar	500 mg/kg
		— Starch-based confectionery, energy- reduced or with no added sugar	1000 mg/kg
		— Chewing gum with no added sugar	2000 mg/kg
		Miscellaneous	
		— “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts	350 mg/kg
		— Cornets and wafers, for ice-cream, with no added sugar	2000 mg/kg
		— Essoblaten	2000 mg/kg
		— Cocoa-, milk-, dried-fruit- or fat- based sandwich spreads, energy- reduced or with no added sugar	1000 mg/kg
		—Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine	350 mg/l
		— Cider and perry	350 mg/l
		— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol	350 mg/l
		— “Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”	350 mg/l
		— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH — Brown beers of the “oud bruin” type	350 mg/l 350 mg/l
		— Energy-reduced beer	25 mg/l
		— Spirit drinks containing less than 15% alcohol by volume	350 mg/kg
		— Edible ices, energy-reduced or with no added sugar	800 mg/kg
		— Canned or bottled fruit, energy-reduced or with no added sugar	350 mg/kg
		— Energy-reduced jams, jellies and marmalades	1000 mg/kg
		— Energy-reduced fruit and vegetable preparations	350 mg/kg
		— Feinkostsalat	350 mg/kg
		— Sweet-sour preserves of fruit and vegetables	200 mg/kg
		— Sweet-sour preserves and semi- preserves of fish and marinades of fish, crustaceans and molluscs	200 mg/kg
		— Sauces	350 mg/kg
		— Energy-reduced soups	110 mg/l
		— Mustard	350 mg/kg
		— Fine bakery products for special nutritional uses	1000 mg/kg
		— Complete formulae for weight control intended to replace total daily food intake or an individual meal	450 mg/kg
		— Complete formulae and nutritional supplements for use under medical supervision	450 mg/kg
		— Liquid food supplements/dietary integrators	350 mg/l
		— Solid food supplements/dietary integrators	500 mg/kg
		— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable	2000 mg/kg
E 951	Aspartame	Non-alcoholic drinks
		— Water-based flavoured drinks, energy-reduced or with no added sugar	600 mg/l
		— Milk- and milk-derivative-based or fruit juice-based drinks, energy- reduced or with no added sugar	600 mg/l
		Desserts and similar products	
		— Water-based flavoured desserts, energy-reduced or with no added sugar	1000 mg/kg
		— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar	1000 mg/kg
		— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar	1000 mg/kg
		— Egg-based desserts, energy-reduced or with no added sugar	1000 mg/kg
		— Cereal-based desserts, energy-reduced or with no added sugar	1000 mg/kg
		— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar	1000 mg/kg
		— Fat-based desserts, energy-reduced or with no added sugar	1000 mg/kg
		Confectionery	
		— Confectionery with no added sugar	1000 mg/kg
		— Breath freshening micro-sweets, with no added sugar	6000 mg/kg
		— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar	2000 mg/kg
		— Starch-based confectionery, energy- reduced or with no added sugar	2000 mg/kg
		— Chewing gum with no added sugar	5500 mg/kg
		— Strongly flavoured freshening throat pastilles with no added sugar	2000 mg/kg
		Miscellaneous	
		— “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts	500 mg/kg
		— Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar	1000 mg/kg
		— Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine	600 mg/l
		— Cider and perry	600 mg/l
		— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol	600 mg/l
		— “Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”	600 mg/l
		— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH	600 mg/l
		— Brown beers of the “oud bruin” type	600 mg/l
		— Energy-reduced beer	25 mg/l
		— Spirit drinks containing less than 15% alcohol by volume	600 mg/kg
		— Edible ices, energy-reduced or with no added sugar	800 mg/kg
		— Canned or bottled fruit, energy-reduced or with no added sugar	1000 mg/kg
		— Energy-reduced jams, jellies and marmalades	1000 mg/kg
		— Energy-reduced fruit and vegetable preparations	1000 mg/kg
		— Feinkostsalat	300 mg/kg
		— Sweet-sour preserves of fruit and vegetables	300 mg/kg
		— Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs	300 mg/kg
		— Sauces	350 mg/kg
		— Energy-reduced soups	110 mg/l
		— Mustard	350 mg/kg
		— Fine bakery products for special nutritional uses	1700 mg/kg
		— Complete formulae for weight control intended to replace total daily food intake or an individual meal	800 mg/kg
		— Complete formulae and nutritional supplements for use under medical supervision	1000 mg/kg
		— Liquid food supplements/dietary integrators	600 mg/kg
		— Solid food supplements/dietary integrators	2000 mg/kg
		— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable	5500 mg/kg
E 952	Cyclamic acid and its Na and Ca Salts	Non-alcoholic drinks	
		— Water-based flavoured drinks, energy- reduced or with no added sugar	400 mg/l
		— Milk- and milk-derivative-based or fruit-juice-based drinks, energy- reduced or with no added sugar	400 mg/l
		Desserts and similar products	
		— Water-based flavoured desserts, energy- reduced or with no added sugar	250 mg/kg
		— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar	250 mg/kg
		— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar	250 mg/kg
		— Egg-based desserts, energy-reduced or with no added sugar	250 mg/kg
		— Cereal-based desserts, energy-reduced or with no added sugar	250 mg/kg
		— Fat- based desserts, energy-reduced or with no added sugar	250 mg/kg
		Confectionery	
		— Confectionery with no added sugar — Breath freshening micro-sweets, with no added sugar	500 mg/kg 2500 mg/kg
		— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar	500 mg/kg
		— Starch-based confectionery, energy- reduced or with no added sugar	500 mg/kg
		— Chewing gum with no added sugar	1500 mg/kg
		Miscellaneous	
		— Cocoa-, milk-, dried-fruit- or fat- based sandwich spreads, energy-reduced or with no added sugar	500 mg/kg
		— Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine	250 mg/l
		— Edible ices, energy-reduced or with no added sugar	250 mg/kg
		— Canned or bottled fruit, energy-reduced or with no added sugar	1000 mg/kg
		— Energy-reduced jams, jellies and marmalades	1000 mg/kg
		— Energy-reduced fruit and vegetable preparations	250 mg/kg
		— Fine bakery products for special nutritional uses	1600 mg/kg
		— Complete formulae for weight control intended to replace total daily food intake or an individual meal	400 mg/kg
		— Complete formulae and nutritional supplements for use under medical supervision	400 mg/kg
		— Liquid food supplements/dietary integrators	400 mg/kg
		— Solid food supplements/dietary integrators	500 mg/kg
		— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable	1250 mg/kg
E 954	Saccharin and its Na, K and Ca salts	Non-alcoholic drinks	
		— Water-based flavoured drinks, energy- reduced or with no added sugar	80 mg/l
		— Milk- and milk-derivative based or fruit-juice-based drinks, energy- reduced or with no added sugar	80 mg/l
		— “Gaseosa”: non-alcoholic water- based drink with added carbon dioxide, sweeteners and flavourings	100 mg/l
		Desserts and similar products	
		— Water-based flavoured desserts, energy- reduced or with no added sugar	100 mg/kg
		— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar	100 mg/kg
		— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar	100 mg/kg
		— Egg-based desserts, energy-reduced or with no added sugar	100 mg/kg
		— Cereal-based desserts, energy-reduced or with no added sugar	100 mg/kg
		— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar	100 mg/kg
		— Fat-based desserts, energy-reduced or with no added sugar	100 mg/kg
		Confectionery	
		— Confectionery with no added sugar	500 mg/kg
		— Breath freshening micro-sweets, with no added sugar	3000 mg/kg
		— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar	500 mg/kg
		— Starch-based confectionery, energy- reduced or with no added sugar	300 mg/kg
		— Chewing gum with no added sugar	1200 mg/kg
		Miscellaneous	
		— “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts	100 mg/kg
		— Cornets and wafers, for ice-cream, with no added sugar	800 mg/kg
		— Essoblaten	800 mg/kg
		— Cocoa-, milk-, dried-fruit- or fat- based sandwich spreads, energy- reduced or with no added sugar	200 mg/kg
		— Drinks consisting of a mixture of non-alcoholic drink and beer, cider perry, spirits or wine	80 mg/l
		— Cider and perry	80 mg/l
		— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol	80 mg/l
		— “Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”	80 mg/l
		— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH	80 mg/l
		— Brown beers of the “oud bruin” type	80 mg/l
		— Spirit drinks containing less than 15% alcohol by volume	80 mg/kg
		— Edible ices, energy-reduced or with no added sugar	100 mg/kg
		— Canned or bottled fruit, energy-reduced or with no added sugar	200 mg/kg
		— Energy-reduced jams, jellies and marmalades	200 mg/kg
		— Energy-reduced fruit and vegetable preparations	200 mg/kg
		— Feinkostsalat	160 mg/kg
		— Sweet-sour preserves of fruit and vegetables	160 mg/kg
		— Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs	160 mg/kg
		— Sauces	160 mg/kg
		— Energy-reduced soups	110 mg/l
		— Mustard	320 mg/kg
		— Fine bakery products for special nutritional uses	170 mg/kg
		— Complete formulae for weight control intended to replace total daily food intake or an individual meal	240 mg/kg
		— Complete formulae and nutritional supplements for use under medical supervision	200 mg/kg
		— Liquid food supplements/dietary integrators	80 mg/kg
		— Solid food supplements/dietary integrators	500 mg/kg
		— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable	1200 mg/kg
E 957	Thaumatin	Confectionery	
		— Confectionery with no added sugar	50 mg/kg
		— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar	50 mg/kg
		— Chewing gum with no added sugar	50 mg/kg
		Miscellaneous	
		— Edible ices, energy-reduced or with no added sugar	50 mg/kg
		— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable	400 mg/kg
E 959	Neohesperi-dine DC	Non-alcoholic drinks	
		— Water-based flavoured drinks, energy- reduced or with no added sugar	30 mg/l
		— Milk- and milk-derivative-based drinks, energy-reduced or with no added sugar	50 mg/l
		— Fruit-juice-based drinks, energy-reduced or with no added sugar	30 mg/l
		Desserts and similar products	
		— Water-based flavoured desserts, energy- reduced or with no added sugar	50 mg/kg
		— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar	50 mg/kg
		— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar	50 mg/kg
		— Egg-based desserts, energy-reduced or with no added sugar	50 mg/kg
		— Cereal-based desserts, energy-reduced or with no added sugar	50 mg/kg
		— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar	50 mg/kg
		— Fat-based desserts, energy-reduced or with no added sugar	50 mg/kg
		Confectionery	
		— Confectionery with no added sugar	100 mg/kg
		— Breath freshening micro-sweets, with no added sugar	400 mg/kg
		— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar	100 mg/kg
		— Starch-based confectionery, energy- reduced or with no added sugar	150 mg/kg
		— Chewing gum with no added sugar	400 mg/kg
		Miscellaneous	
		— “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts	50 mg/kg
		— Cornets and wafers, for ice-cream with no added sugar	50 mg/kg
		— Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar	50 mg/kg
		— Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine	30 mg/l
		— Cider and perry	20 mg/l
		— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol	10 mg/l
		— “Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges Einfachbier”	10 mg/l
		— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH	10 mg/l
		— Brown beers of the “oud bruin” type	10 mg/l
		— Energy-reduced beer	10 mg/kg
		— Spirit drinks containing less than 15% alcohol by volume	30 mg/kg
		— Edible ices, energy-reduced or with no added sugar	50 mg/kg
		— Canned or bottled fruit, energy-reduced or with no added sugar	50 mg/kg
		— Energy-reduced jams, jellies and marmalades	50 mg/kg
		— Sweet-sour preserves of fruit and vegetables	100 mg/kg
		— Energy-reduced fruit and vegetable preparations	50 mg/kg
		— Feinkostsalat	50 mg/kg
		— Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs	30 mg/kg
		— Sauces	50 mg/kg
		— Energy-reduced soups	50 mg/l
		— Mustard	50 mg/kg
		— Fine bakery products for special nutritional uses	150 mg/kg
		— Complete formulae for weight control intended to replace total daily food intake or an individual meal	100 mg/kg
		— Complete formulae and nutritional supplements for use under medical supervision	100 mg/kg
		— Liquid food supplements/dietary integrators	50 mg/kg
		— Solid food supplements/dietary integrators	100 mg/kg
		— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable	400 mg/kg
The maximum usable doses for cyclamic acid and its Na and Ca salts are expressed in terms of the free acid
The maximum usable doses for saccharin and its Na, K and Ca salts ae expressed in terms of the free imide”

Regulation 2(f)

(This note is not part of the Regulations.)
These Regulations amend the Sweeteners in Food Regulations (Northern Ireland) 1996 (“the principal Regulations”) in implementation of Directive 96/83/EC of the European Parliament and of the Council (O.J. No. L48, 19.2.97, p. 16) amending Directive 94/35/EC (O.J. No. L237, 10.9.94, p. 3) on sweeteners for use in foodstuffs.
The Regulations—
(a) amend regulation 2 of the principal Regulations to include in the definition of “Directive 94/35/EC” a reference to Directive 96/83/EC and to add a definition of “relevant compound foods” (regulation 2(a));
(b) insert regulation 5A (compound foods) in the principal Regulations and make other amendments to those Regulations in consequence thereof (regulation 2(b)(i), (c) and (d));
(c) amend regulation 3 of the principal Regulations to provide that paragraph (4) applies to food for infants and young children not in good health (regulation 2(b)(ii));
(d) amend regulation 11 of the principal Regulations to provide, for a transitional period, a defence in relation to acts which would have been in compliance with the principal Regulations before amendment by these Regulations and to exempt, in accordance with specified conditions, sweeteners and food from other Member States (regulation 2(e)); and
(e) incorporate into Schedule 1 to the principal Regulations the permitted sweeteners, foods listed in relation thereto and maximum usable dose for each such sweetener contained in the Annex to Directive 96/83/EC (regulation 2(f)).