Title, commencement, and application

1.—(1) These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (Wales) Regulations 2001.

(2) These Regulations apply to Wales only and come into force on 1st June 2001.

Amendment of the Miscellaneous Food Additives Regulations 1995

2.  The Miscellaneous Food Additives Regulations 1995(3)) shall be amended in so far as they apply to Wales, in accordance with Regulations 3 to 5 below.

3.  In regulation 2(1) (interpretation), in the definition of “Directive 96/77/EC” there shall be added at the end the words “and Commission Directive 2000/63/EC”(4)).

4.  In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1B) the following paragraph—

“(1C) In any proceedings for an offence under 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 June 2001; and

  (b)

  the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 and 5 of the Miscellaneous Food Additives (Amendment) (Wales) Regulations 2001 had not been made when that matter occurred.”.

5.  In Schedule 5 (purity criteria) the entries relating to the miscellaneous additives listed in the Schedule to these Regulations shall be omitted.

Consequential amendments

6.—(1) In so far as any Instrument listed in regulation 14(1) of the Miscellaneous Food Additives (Amendment) Regulations 1999(5) extends to Wales, that provision shall cease to have effect in relation to that instrument.

(2) In the following instruments, in so far as they extend to Wales, references to the Miscellaneous Food Additives Regulations 1995 shall be construed as references to those instruments as amended by the Miscellaneous Food Additives (Amendment) Regulations 1997(6), the Miscellaneous Food Additives (Amendment) Regulations 1999 and these Regulations:

• the Mineral Hydrocarbons in Food Regulations 1966(7))

• the Specified Sugar Products Regulations 1976(8))

• the Cocoa and Chocolate Products Regulations 1976(9))

• the Fruit Juices and Fruit Nectars Regulations 1977(10))

• the Condensed Milk and Dried Milk Regulations 1977 (11)

• the Jam and Similar Products Regulations 1981(12))

• the Meat Products and Spreadable Fish Products Regulations 1984(13))

• the Food Additives Labelling Regulations 1992(14))

• the Food Labelling Regulations 1996(15))

Regulation 5

SCHEDULEMISCELLANEOUS ADDITIVES FOR WHICH PURITY CRITERIA SPECIFIED OR REFERRED TO IN SCHEDULE 5 TO THE PRINCIPAL REGULATIONS ARE OMITTED

• E 296Malic acid

• E 297Fumaric acid

• E 350(i)Sodium malate

• E 350(ii)Sodium hydrogen malate

• E 351Potassium malate

• E 352(i)Calcium malate

• E 352(ii)Calcium hydrogen malate

• E 355Adipic acid

• E 363Succinic acid

• E 380Triammonium citrate

• E 500(i)Sodium carbonate

• E 500(ii)Sodium hydrogen carbonate

• E 500(iii)Sodium sesquicarbonate

• E 501(i)Potassium carbonate

• E 501(ii)Potassium hydrogen carbonate

• E 503(i)Ammonium carbonate

• E 503(ii)Ammonium hydrogen carbonate

• E 507Hydrochloric acid

• E 509Calcium chloride

• E 513Sulphuric acid

• E 514(i)Sodium sulphate

• E 515(i)Potassium sulphate

• E 516Calcium sulphate

• E 522Aluminium potassium sulphate

• E 524Sodium hydroxide

• E 525Potassium hydroxide

• E 526Calcium hydroxide

• E 527Ammonium hydroxide

• E 528Magnesium hydroxide

• E 529Calcium oxide

• E 530Magnesium oxide

• E 535Sodium ferrocyanide

• E 536Potassium ferrocyanide

• E 541Sodium aluminium phosphate, acidic

• E 551Silicon dioxide

• E 552Calcium silicate

• E 553a(i)Magnesium silicate

• E 553a(ii)Magnesium trisilicate

• E 575Glucono-delta-lactone

• E 576Sodium gluconate

• E 577Potassium gluconate

• E 578Calcium gluconate

• E 640Glycine

• E 900Dimethylpolysiloxane

• E 901Beeswax, white and yellow

• E 903Carnauba wax

• E 904Shellac

• E 941Nitrogen

• E 942Nitrous oxide

• E 948Oxygen

• E 999Extract of quillaia

• E 1200Polydextrose

• Propane-1, 2-diol (propylene glycol)

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Wales only, amend the Miscellaneous Food Additives Regulations 1995, as amended (“the principal Regulations”).

The Regulations implement Commission Directive 2000/63/EC amending Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners (OJ No. L277, 30.10.2000, p.1).

Subject to a transitional provision, the Regulations amend the existing requirements in the principal Regulations as regards the purity criteria for butylated hydroxyanisole (BHA) and specify new purity criteria in relation to the additives specified in Annex II to Commission Directive 2000/63/EC (regulations 3 to 5).

The Regulations also make consequential amendments to the instruments specified in regulation 4, as regards references in those instruments to the principal Regulations (regulation 6).

No regulatory impact assessment has been prepared in respect of these Regulations.