Title, application and commencement

1.  These Regulations may be cited as the Purity Criteria for Colours, Sweeteners and Miscellaneous Food Additives (England) Regulations 2009. They apply in relation to England only and come into force on 25th May 2009.

Amendment of the Colours in Food Regulations 1995

2.—(1) The Colours in Food Regulations 1995(4) are amended in accordance with paragraph (2).

(2) In regulation 2(1) (interpretation) —

(a)omit the definition of “Directive 95/45/EC” and substitute in its place the following definition —

““Directive 2008/128/EC” means Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs(5);”;

(b)in the definition of “permitted colour”, for the expression “the annex to Directive 95/45/EC” substitute the expression “Annex I to Directive 2008/128/EC”.

Amendment of the Sweeteners in Food Regulations 1995

3.—(1) The Sweeteners in Food Regulations 1995(6) are amended in accordance with paragraph (2).

(2) In regulation 2(1) (interpretation) —

(a)omit the definition of “Directive 95/31/EC” and substitute in its place the following definition —

“”Directive 2008/60/EC” means Commission Directive 2008/60/EC laying down specific purity criteria concerning sweeteners for use in foodstuffs(7);”;

(b)in the definition of “permitted sweetener”, for the expression “the annex to Directive 95/31/EC” substitute the expression “Annex I to Directive 2008/60/EC”.

Amendment of the Miscellaneous Food Additives Regulations 1995

4.—(1) The Miscellaneous Food Additives Regulations 1995(8) are amended in accordance with paragraph (2).

(2) In regulation 2(1) (interpretation) —

(a)omit the definition of “Directive 96/77/EC” and substitute in its place the following definition —

“”Directive 2008/84/EC” means Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners(9) as that Directive was before the amendments made by Commission Directive 2009/10/EC(10);”;

(b)in the definition of “purity criteria”, in sub-paragraph (a) for the expression “the Annex to Directive 96/77/EC” substitute “Annex I to Directive 2008/84/EC”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations provide for the implementation of three new Commission Directives (“the new Directives”) which consolidate existing European Community rules governing the purity criteria for colours, sweeteners and other miscellaneous additives used in foods.

2.  These Regulations further amend in relation to England the Colours in Food Regulations 1995 (S.I.1995/3124 as amended), the Sweeteners in Food Regulations 1995 (S.I.1995/3123 as amended) and the Miscellaneous Food Additives Regulations 1995 (S.I.1995/3187 as amended).

3.  Implementation of the Directives which the new Directives replace was by reference to them in domestic provisions, and these Regulations therefore update those references.

4.  The new Directives are —

(a)Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs (OJ No. L6, 10.1.2009, p.20);

(b)Commission Directive 2008/60/EC laying down specific purity criteria concerning sweeteners for use in foodstuffs (OJ No. L158, 18.6.2008, p.17); and

(c)Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners (OJ No. L253, 20.9.2008, p.1).

5.  A full impact assessment has not been prepared for these Regulations as no impact on the voluntary or private sectors is foreseen.