Made
20th April 2009
Coming into operation
25th May 2009
The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred by Articles 15(1)(a) and 16(1) of the Food Safety (Northern Ireland) Order 1991(2).
In accordance with Article 47(3A) of that Order, it has had regard to relevant advice given by the Food Standards Agency.
As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
1. These Regulations may be cited as the Purity Criteria for Colours, Sweeteners and Miscellaneous Food Additives Regulations (Northern Ireland) 2009 and come into operation on 25th May 2009.
2.–(1) The Colours in Food Regulations (Northern Ireland) 1996(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".
3.–(1) The Sweeteners in Food Regulations (Northern Ireland) 1996(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".
4.–(1) The Miscellaneous Food Additives Regulations (Northern Ireland) 1996(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);
(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".
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 20th April 2009.
Michael McBride
A senior officer of the Department of Health, Social Services and Public Safety
(This note is not part of the Regulations)
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.
These Regulations further amend the Colours in Food Regulations (Northern Ireland) 1996 (S.R.1996 No. 49 as amended), the Sweeteners in Food Regulations (Northern Ireland) 1996 (S.R.1996 No. 48 as amended) and the Miscellaneous Food Additives Regulations (Northern Ireland) 1996 (S.R.1996 No. 50 as amended).
Implementation of the Directives which the new Directives replace was by reference to them in domestic provisions, and these Regulations therefore update those references.
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).
Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.I) Article 3(6) Back [1]
S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R. 2004 Nos. 482 and 505 Back [2]
OJ No. 131, 1.2.2002, p.1, as last amended by Commission Regulation (EC) No. 202/2008 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the Scientific Panels of the European Food Safety Authority (OJ No. L60, 5.3..2008, p.17) Back [3]
S.R.1996 No. 49; the definition of "Directive 95/45/EC" was amended by S.R. 2007 No. 123; there have been other amendments but they are not relevant Back [4]
OJ No. L6, 10.1.2009, p.20 Back [5]
S.R. 1996 No. 48, amended by S.R. 2005 No. 18 (as regards the definition of "permitted sweeteners") and S.R. 2007 No. 325 (as regards the definition of "Directive 95/31/EC"); there have been other amendments but they are not relevant Back [6]
OJ No. L158, 18.6.2008, p.17 Back [7]
S.R. 1996 No. 50; the definition of Directive 96/77/EC was inserted by S.R. 1997 No. 340 and last amended by S.R. 2007 No. 325; the definition of purity criteria was substituted by S.R. 1997 No. 340 and last amended by S.R. 2001 No. 419; there have been other amendments but they are not relevant Back [8]
OJ No. L253, 20.9.2008, p.1 Back [9]