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(ii) in the table there shall be inserted at the end the following entries-



E 304	L-ascorbyl palmitate	10 mg/1
E 331	Sodium citrates }	2 g/l
E 332	Potassium citrates }	Individually or in combination and in conformity with the limits set in Annex 1 to Directive 91/321/EEC[9]
E 339	Sodium phosphates }	1 g/l expressed as P2O5
E 340	Potassium phosphates }	Individually or in combination and in conformity with the limits set in Annex 1 to Directive 91/321/EEC
E 412	Guar gum	1 g/l, where the liquid product contains partially hydrolysed proteins and is in conformity with the conditions set in Annex IV to Directive 91/321/EEC, as amended by Directive 96/4/EC[10]
E 472c	Citric acid esters of mono- and diglycerides of fatty acids	7.5 g/l sold as powder
		9 g/l sold as liquid where the products contain partially hydrolysed proteins, peptides or amino acids and are in conformity with the conditions set in Annex IV to Directive 91/321/EEC, as amended by Directive 96/4/EC
E 473	Sucrose esters of fatty acids	120 mg/l in products containing hydrolysed proteins, peptides or amino acids";

(c) in Part 2 (miscellaneous additives permitted in follow-on formulae for infants in good health)-

(i) there shall be substituted for note (b) the following note-

" (b) If more than one of the substances E 322, E 471, E 472c and E 473 is added to a food, the maximum level established for that food for each of those substances is lowered by that relative part as is present of the other substances together in that food.";

(ii) in note (c) there shall be substituted for the words "lowered with" the words "lowered by";

(iii) in the table there shall be inserted at the end the following entries-



E 304	L-ascorbyl palmitate	10 mg/l
E 331	Sodium citrates }	2 g/l
E 332	Potassium citrates }	Individually or in combination and in conformity with the limits set in Annex 1 to Directive 91/321/EEC
E 339	Sodium phosphates }	1 g/l expressed as P2O5
E 340	Potassium phosphates }	Individually or in combination and in conformity with the limits set in Annex 1 to Directive 91/321/EEC
E 472c	Citric acid esters of mono- and diglycerides of fatty acids	7.5 g/l sold as power
		9 g/l sold as liquid where the products contain partially hydrolysed proteins, peptides or amino acids and are in conformity with the conditions set in Annex IV to Directive 91/321/EEC, as amended by Directive 96/4/EC
E 473	Sucrose esters of fatty acids	120 mg/l in products containing hydrolysed proteins, peptides or amino acids";

(d) in Part 3 (miscellaneous additives permitted in weaning foods for infants and young children in good health) in the table there shall be inserted at the end the following entries-

E 333	Calcium citrates(6)	Low-sugar fruit based products	quantum satis
E 341	Tricalcium phosphate(6)	Fruit based desserts	1 g/kg as P2O5
E 1451	Acetylated oxidised starch	Weaning foods	50 g/kg

⁶ (*) The note in Part 4 does not apply.
";

(e) in Part 4 (miscellaneous additives permitted in foods for infants and young children for special medical purposes) there shall be inserted at the end the following table-

EC No.	Name	Maximum level	Special conditions
E 401	Sodium alginate	1 g/l	From 4 months onwards in special food products with adapted composition, required for metabolic disorders and for general tube feeding
E 405	Propane 1,2-diolalginate	200 mg/l	From 12 months onwards in specialised diets intended for young children who have cows' milk intolerance or inborn errors of metabolism
E 410	Locust bean gum	10 g/l	From birth onwards in products for reduction of gastro-oesophageal reflux
E 412	Guar gum	10 g/l	From birth onwards in products in liquid formulae containing hydrolysed proteins, peptides or amino acids in conformity with the conditions set in Annex IV to Directive 91/321/EEC, as amended by Directive 96/4/EC
E 415	Xanthan gum	1.2 g/l	From birth onwards for use in products based on amino acids or peptides for use with patients who have problems with impairment of the gastro-intestinal tract, protein mal-absorption or inborn errors of metabolism
E 440	Pectins	10 g/l	From birth onwards in products used in case of gastro-intestinal disorders
E 466	Sodium carboxy methyl cellulose	10 g/l or kg	From birth onwards in products for the dietary management of metabolic disorders
E 471	Mono- and diglycerides of fatty acids	5 g/l	From birth onwards in specialised diets, particularly those devoid of proteins
E 1450	Starch sodium octenyl succinate	20 g/l	In infant formulae and follow-on formulae".

Consequential amendments
     14.  - (1) In the following Regulations references to the Miscellaneous Food Additives Regulations 1995 shall be construed as references to those Regulations as amended by the Miscellaneous Food Additives (Amendment) Regulations 1997[11] and these Regulations:

the Mineral Hydrocarbons in Food Regulations 1966[12]

the Mineral Hydrocarbons in Food (Scotland) Regulations 1966[13]

the Specified Sugar Products Regulations 1976[14]

the Specified Sugar Products (Scotland) Regulations 1976[15]

the Cocoa and Chocolate Products Regulations 1976[16]

the Cocoa and Chocolate Products (Scotland) Regulations 1976[17]

the Fruit Juices and Fruit Nectars Regulations 1977[18]

the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977[19]

the Condensed Milk and Dried Milk Regulations 1977[20]

the Condensed Milk and Dried Milk (Scotland) Regulations 1977[21]

the Coffee and Coffee Products Regulations 1978[22]

the Coffee and Coffee Products (Scotland) Regulations 1979[23]

the Jam and Similar Products Regulations 1981[24]

the Jam and Similar Products (Scotland) Regulations 1981[25]

the Meat Products and Spreadable Fish Products Regulations 1984[26]

the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984[27]

the Food Additives Labelling Regulations 1992[28]

the Food Labelling Regulations 1996[29].

    (2) In the Food Additives Labelling Regulations 1992-

(a) there shall be inserted after regulation 6 the following regulation-

" Transitional provision
     6A. In any proceedings for an offence under these Regulations in respect of any food additive, it shall be a defence to prove that the food additive 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 if the amendments made by regulation 14(1) and (2)(b) of the Miscellaneous Food Additives (Amendment) Regulations 1999 had not been made when the food additive was put on the market or labelled.";

(b) in Schedule 1 (categories of food additives) in Part II (supplementary)-


(i) paragraph (s) shall be omitted; and

(ii) in paragraph (t) there shall be inserted at the beginning the words ""flour treatment agent"," and there shall be inserted after the words "used as a" the words "flour treatment agent,".

    (3) In the Food Labelling Regulations 1996-

(a) in regulation 14(11) (names of ingredients) the words "or in Schedule 3 to the Bread and Flour Regulations" shall be omitted;

(b) in regulation 50 (transitional provision) there shall be inserted at the end the following paragraph-

    " (8) In any proceedings for an offence under regulation 44(1)(a) as read with regulation 14(9) and (11), it shall be a defence to prove that the food concerned was prepacked before 4th November 2000 and the matter constituting the offence would not have constituted an offence under these Regulations if the amendment made by regulation 14(3)(a) of the Miscellaneous Food Additives (Amendment) Regulations 1999 had not been made when the food was prepacked.".

    (4) In the Bread and Flour Regulations 1998-

(a) in regulation 5 (additional ingredients) there shall be substituted for paragraphs (1) and (2) the following paragraph-

    " (1) No person shall use as an ingredient in the preparation of flour or bread any flour bleaching agent.";

(b) Schedule 3 (ingredients permitted in flour and bread) shall be omitted.

Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food

25th March 1999



Signed by authority of the Secretary of State for Health:


Tessa Jowell
Minister for Public Health, Department of Health

24th March 1999



Signed by authority of the Secretary of State for Wales:


Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office

8th April 1999


Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office

23rd March 1999

" SCHEDULE 3Regulations 2(1) and 3(5)


OTHER PERMITTED MISCELLANEOUS ADDITIVES


The maximum levels of use indicated refer to foods ready for consumption prepared following manufacturers' instructions.


EC No.	Name	Food	Maximum level
E 297	Fumaric acid	(pro memoria)
		Wine in accordance with Regulation (EEC) No. 1873/84 authorising the offer or disposal for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No. 337/79
		Fillings and toppings for fine bakery wares	2.5 g/kg
		Sugar confectionery	1 g/kg
		Gel-like desserts	} 4 g/kg
		Fruit-flavoured desserts	}
		Dry powdered dessert mixes	}
		Instant powders for fruit based drinks	1 g/l
		Instant products for preparation of flavoured tea and herbal infusions	1 g/kg
		Chewing gum	2 g/kg
	In the following applications, the indicated maximum levels of phosphoric acid and the phosphates E 338, E 339, E 340, E 341, E 343, E 450, E 451 and E 452 may be added individually or in combination (expressed as P2O5).
E 338	Phosphoric acid }	Non-alcoholic flavoured drinks	700 mg/l
E 339	Sodium phosphates }	Sterilised and UHT milk	1 g/l
	(i) Monosodium phosphate }	Candied fruits	800 mg/kg
	(ii) Disodium phosphate }	Fruit preparations	800 mg/kg
	(iii) Trisodium phosphate }	Partly dehydrated milk with less than 28% solids	1 g/kg
E 340	Potassium phosphates }	Partly dehydrated milk with more than 28% solids	1.5 g/kg
	(i) Monopotassium phosphate }
	(ii) Dipotassium phosphate }	Dried milk and dried skimmed milk	2.5 g/kg
	(iii) Tripotassium phosphate }	Pasteurised, sterilised and UHT creams	5 g/kg
E 341	Calcium phosphates }	Whipped cream and vegetable fat analogues	5 g/kg
	(i) Monocalcium phosphate }	Unripened cheese (except Mozzarella)	2 g/kg
	(ii) Dicalcium phosphate }	Processed cheese and processed cheese analogues	20 g/kg
	(iii) Tricalcium phosphate }
E 343	Magnesium phosphates }	Meat products	5 g/kg
	(i) Monomagnesium phosphate }	Sport drinks and prepared table waters	0.5 g/l
	(ii) Dimagnesium phosphate }	Dietary supplements	quantum satis
E 450	Diphosphates }	Salt and its substitutes	10 g/kg
	(i) Disodium diphosphate }	Vegetable protein drinks	20 g/l
	(ii) Trisodium diphosphate }	Beverage whiteners	30 g/kg
	(iii) Tetrasodium diphosphate }	Beverage whiteners for vending machines	50 g/kg
	(v) Tetrapotassium diphosphate }	Edible ices	1 g/kg
	(vi) Dicalcium diphosphate }	Desserts	3 g/kg
	(vii) Calcium dihydrogen diphosphate }	Dry powdered dessert mixes	7 g/kg
	}	Fine bakery wares	20 g/kg
E 451	Triphosphates }	Flour	2.5 g/kg
	(i) Pentasodium triphosphate }	Flour, self raising	20 g/kg
	(ii) Pentapotassium triphosphate }	Soda bread	20 g/kg
E 452	Polyphosphates }	Liquid egg (white, yolk or whole egg)	10 g/kg
	(i) Sodium polyphosphate }	Sauces	5 g/kg
	(ii) Potassium polyphosphate }	Soups and broths	3 g/kg
	(iii) Sodium calcium polyphosphate }	Instant tea and instant herbal infusions	2 g/kg
	}	Cider and perry	2 g/l
	(iv) Calcium polyphosphates }	Chewing gum	quantum satis
	}	Dried powdered foods	10 g/kg
	}	Chocolate and malt dairy-based drinks	2 g/l
	}	Alcoholic drinks (excluding wine and beer)	1 g/l
	}	Breakfast cereals	5 g/kg
	}	Snacks	5 g/kg
	}	Surimi	1 g/kg
	}	Fish and crustacean paste	5 g/kg
	}	Toppings (syrups for pancakes, flavoured syrups for milkshakes and ice cream; similar products)	3 g/kg
	}	Special formulae for particular nutritional uses	5 g/kg
	}	Glazings for meat and vegetable products	4 g/kg
	}	Sugar confectionery	5 g/kg
	}	Icing sugar	10 g/kg
	}	Nooddles	2 g/kg
	}	Batters	12 g/kg
	}	Fillets of unprocessed fish, frozen and deep-frozen	5 g/kg
	}	Unprocessed and processed molluscs and crustaceans frozen and deep-frozen	5 g/kg
	}	Processed potato products (including frozen, deep-frozen, chilled and dried processed products) and pre-fried frozen and deep-frozen potatoes	5 g/kg
	}	Spreadable fats excluding butter	5 g/kg
	}	Soured-cream butter	2 g/kg
	}	Canned crustacean products	1 g/kg
	}	Waterbased emulsion sprays for coating baking tins	30 g/kg
	}	Coffee based drinks for vending machines	2 g/l
E 431	Polyoxyethylene (40) stearate	(pro memoria)
		Wine in accordance with Regulation (EEC) No. 1873/84 authorising the offer or disposal for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No. 337/79
E 353	Metatartaric acid	Wine in accordance with Regulations (EEC) No. 822/87, (EEC) No. 4252/88, (EEC) No. 2332/92 and (EEC) No. 1873/84 and their implementing regulations
		Made wine	100 mg/l
E 355	Adipic acid }	Fillings and toppings for fine bakery wares	2 g/kg
E 356	Sodium adipate }	Dry powdered dessert mixes	1 g/kg
E 357	Potassium adipate }	Gel-like desserts	6 g/kg
	}	Fruit-flavoured desserts	1 g/kg
	}	Powders for home preparation of drinks	10 g/l expressed as adipic acid
E 363	Succinic acid	Desserts	6 g/kg
		Soups and broths	5 g/kg
		Powders for home preparation of drinks	3 g/l
E 385	Calcium disodium ethylene diamine tetra-acetate (Calcium disodium EDTA)	Emulsified sauces	75 mg/kg
		Canned and bottled pulses, legumes, mushrooms and artichokes	250 mg/kg
		Canned and bottled crustaceans and molluscs	75 mg/kg
		Canned and bottled fish	75 mg/kg
		Spreadable fats as defined in Annexes B and C to Regulation (EC) No. 2991/94[30] having a fat content of 41% or less	100 mg/kg
		Frozen and deep-frozen crustaceans	75 mg/kg
E 405	Propane-1,2-diol alginate	Fat emulsions	3 g/kg
		Fine bakery wares	2 g/kg
		Fillings, toppings and coatings for fine bakery wares and desserts	5 g/kg
		Sugar confectionery	1.5 g/kg
		Water-based edible ices	3 g/kg
		Cereal- and potato-based snacks	3 g/kg
		Sauces	8 g/kg
		Beer	100 mg/l
		Chewing gum	5 g/kg
		Fruit and vegetable preparations	5 g/kg
		Non-alcoholic flavoured drinks	300 mg/l
		Emulsified liqueur	10 g/l
		Dietetic foods intended for special medical purposes - Dietetic formulae for weight control intended to replace total daily food intake or an individual meal	1.2 g/kg
		Dietary food supplements	1 g/kg
		Cider excluding cidre bouché	100 mg/l





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Notes:

[11] S.I. 1997/1413.back

[12] S.I. 1966/1073; the relevant amending instrument is S.I. 1995/3187.back

[13] S.I. 1966/1263; the relevant amending instrument is S.I. 1995/3187.back

[14] S.I. 1976/509; the relevant amending instrument is S.I. 1995/3187.back

[15] S.I. 1976/946; the relevant amending instrument is S.I. 1995/3187.back

[16] S.I. 1976/541; the relevant amending instrument is S.I. 1995/3187.back

[17] S.I. 1976/914; the relevant amending instrument is S.I. 1995/3187.back

[18] S.I. 1977/927; the relevant amending instrument is S.I. 1995/3187.back

[19] S.I. 1977/1026; the relevant amending instrument is S.I. 1995/3187.back

[20] S.I. 1977/928; the relevant amending instrument is S.I. 1995/3187.back

[21] S.I. 1977/1027; the relevant amending instrument is S.I. 1995/3187.back

[22] S.I. 1978/1420; the relevant amending instrument is S.I. 1995/3187.back

[23] S.I. 1979/383; the relevant amending instrument is S.I. 1995/3187.back

[24] S.I. 1981/1063; the relevant amending instrument is S.I. 1995/3187.back

[25] S.I. 1981/1320; the relevant amending instrument is S.I. 1995/3187.back

[26] S.I. 1984/1566; the relevant amending instrument is S.I. 1995/3187.back

[27] S.I. 1984/1714; the relevant amending instrument is S.I. 1995/3187.back

[28] S.I. 1992/1978; the relevant amending instrument is S.I. 1995/3187.back

[29] S.I. 1996/1499; relevant amending instruments are S.I. 1998/1398, 1999/747.back

[30] OJ No. L316, 9.12.94, p. 2.back

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