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      SCOTTISH STATUTORY INSTRUMENTS

      2001 No. 103

      FOOD

      The Miscellaneous Food Additives (Amendment) (Scotland) Regulations 2001

        Made 15th March 2001 
        Laid before the Scottish Parliament 16th March 2001 
        Coming into force 31st March 2001 

      The Scottish Ministers, in exercise of the powers conferred by sections 16(1)(a) and (3), 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, after having regard in accordance with section 48(4A)[2] of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B)[3] of that Act, hereby make the following Regulations:

      Citation, commencement and extent
           1.  - (1) These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (Scotland) Regulations 2001 and shall come into force on 31st March 2001.

          (2) These Regulations extend to Scotland only.

      Amendment of the Miscellaneous Food Additives Regulations 1995
                 2. The Miscellaneous Food Additives Regulations 1995[4] ("the principal Regulations") shall be amended 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"[5].

           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 31st March 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) (Scotland) Regulations 2001 had not come into force 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.


      SUSAN C DEACON
      A member of the Scottish Executive

      St Andrew's House, Edinburgh
      15th March 2001



      SCHEDULE
      Regulation 5


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


      E 296 Malic acid
      E 297 Fumaric acid
      E 350(i) Sodium malate
      E 350 (ii) Sodium hydrogen malate
      E 351 Potassium malate
      E 352(i) Calcium malate
      E 352(ii) Calcium hydrogen malate
      E 355 Adipic acid
      E 363 Succinic acid
      E 380 Triammonium 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 507 Hydrochloric acid
      E 509 Calcium chloride
      E 513 Sulphuric acid
      E 514(i) Sodium sulphate
      E 515(i) Potassium sulphate
      E 516 Calcium sulphate
      E 522 Aluminium potassium sulphate
      E 524 Sodium hydroxide
      E 525 Potassium hydroxide
      E 526 Calcium hydroxide
      E 527 Ammonium hydroxide
      E 528 Magnesium hydroxide
      E 529 Calcium oxide
      E 530 Magnesium oxide
      E 535 Sodium ferrocyanide
      E 536 Potassium ferrocyanide
      E 541 Sodium aluminium phosphate, acidic
      E 551 Silicon dioxide
      E 552 Calcium silicate
      E 553(a)(i) Magnesium silicate
      E 553(a)(ii) Magnesium trisilicate
      E 575 Glucono-delta-lactone
      E 576 Sodium gluconate
      E 577 Potassium gluconate
      E 578 Calcium gluconate
      E 640 Clycine
      E 900 Dimethylpolysiloxane
      E 901 Beeswax, white and yellow
      E 903 Carnauba wax
      E 904 Shellac
      E 941 Nitrogen
      E 942 Nitrous oxide
      E 948 Oxygen
      E 999 Extract of quillaia
      E 1200 Polydextrose
      E 1200 Propane-1,2-diol (propylene glycol)

      EXPLANATORY NOTE

      (This note is not part of the Regulations)

      These Regulations, which extend to Scotland only, amend the Miscellaneous Food Additives Regulations 1995, ("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.

      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).

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

       [1] 1990 c.16; sections 16(1)(a) and 48(1) were amended by the Food Standards Act 1999 (c.28), ("the 1999 Act"), Schedule 5, paragraph 8; section 17(1) was amended by paragraphs 8 and 12 of Schedule 5 to the 1999 Act; section 26(3) was amended by Schedule 6 to the 1999 Act; amendments made by Schedule 5 to the 1999 Act which extend to Scotland shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

      [2] Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back

      [3] Section 48(4B) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back

      [4] S.I. 1995/3187, amended by S.I. 1997/1413 and 1999/1136.back

      [5] O.J. No. L 277, 30.10.00, p.1back


      ISBN 0-11-059649-8


 



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