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The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1)(a), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990[1] and of all other powers enabling them in that behalf, hereby make the following Regulations, after consultation in accordance with section 48(4) of the said Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations: Title, commencement and interpretation 1. - (1) These Regulations may be cited as the Miscellaneous Food Additives (Amendment) Regulations 1999 and shall come into force on 28th May 1999. (2) In these Regulations "the principal Regulations" means the Miscellaneous Food Additives Regulations 1995[2]. Amendment of the principal Regulations 2. The principal Regulations shall be amended in accordance with regulations 3 to 13 below. 3. In regulation 2(1) (interpretation)-
(b) in the definition of "Directive 96/77/EC" there shall be inserted at the end the words ", as amended by Commission Directive 98/86/EC[4]"; (c) after the definition of "flavour enhancer" there shall be inserted the following definition-
(ii) there shall be inserted at the end the words "or any enzyme except invertase or lysozyme".
4.
In regulation 3(4) (use of miscellaneous additives) there shall be substituted for the words "Notes 1 and 3" the words "Notes 1, 3 and 4".
(b) the food additive or food concerned was put on the market or labelled before 4th November 2000 and the matter constituting the offence would not have constituted an offence under these Regulations or the Bread and Flour Regulations 1998[5] if the amendments made by regulations 3(c) and (d)(i), 7(b)(iii), 12 and 14(4) of the Miscellaneous Food Additives (Amendment) Regulations 1999 had not been made when the food additive or, as the case may be, the food was put on the market or labelled.".
6.
In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8)-
7.
In Schedule 2 (conditionally permitted preservatives and antioxidants)-
(b) in Part B (sulphur dioxide and sulphites) in the second table-
(iii) in the entry relating to sugars as defined in Directive 73/437/EEC[6] except glucose syrup, whether or not dehydrated, there shall be substituted in column 2 for the number "15" the number "10"; (iv) there shall be substituted for the entry relating to vegetable- and cereal-protein-based meat, fish and crustacean analogues the following entry-
(c) in Part C (other preservatives)-
(ii) in the first table in the entry relating to E 234 Nisin there shall be inserted at the end in column 2 the word "Mascarpone" and in column 3 opposite that word the words "10 mg/kg"; (iii) in the second table there shall be substituted for the entries relating to E 251 Sodium nitrate and E 252 Potassium nitrate the following entries-
2(*) Expressed as NaNO3. 3 (**) Residual amount nitrite formed from nitrate included, expressed as NaNO2.
(iv) in the third table there shall be substituted for the entries relating to E 280 Propionic acid, E 281 Sodium propionate, E 282 Calcium proprionate and E 283 Potassium proprionate the following entries-
";
(d) in Part D (other antioxidants) in the table there shall be substituted in column 3 for the words "Dehydrated granulated potatoes" the words "Dehydrated potatoes".
8.
There shall be substituted for Schedule 3 (other permitted miscellaneous additives) Schedule 1 to these Regulations.
(b) in the entry relating to Propane-1, 2-diol (propylene glycol) there shall be substituted for the words "Directive 78/663/EEC" the words "Directive 78/664/EEC[7]".
11.
In Schedule 6 (foods in which miscellaneous additives listed in Schedule 1 are generally prohibited)-
(b) after the words "Dry pasta" there shall be inserted the words ", excluding gluten-free pasta or pasta intended for hypoproteic diets, in accordance with Directive 89/398/EEC[8]".
12.
There shall be substituted for Schedule 7 (foods in which a limited number of miscellaneous additives listed in Schedule 1 may be used) Schedule 3 to these Regulations.
1A. Formulae and weaning foods for infants and young children may contain E 301 (sodium L-ascorbate), used at quantum satis level in coatings of nutrient preparations containing polyunsaturated fatty acids. The carry over of E 301 in the product ready for consumption shall not be more than 75 mg/1.";
Notes: [1] 1990 c. 16; "the Ministers" is defined in section 4(1) of the Act; section 6(4)(a) of the Act was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6.back [2] S.I. 1995/3187, amended by S.I. 1997/1413.back [3] OJ No. L295, 4.11.98, p. 18.back [4] OJ No. L334, 9.12.98, p 1.back [6] OJ No. L356, 27.12.73, p. 71.back [7] OJ No. L223, 14.8.78, p. 30.back [8] OJ No. L186, 30.6.89, p. 27.back [9] OJ No. L175, 4.7.91, p. 35.back [10] OJ No. L49, 28.2.96, p. 12.back
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