Statutory Instruments of the Scottish Parliament

(a) a permitted miscellaneous additive is used in a flavouring,

(b) that flavouring is an ingredient of a compound food, and

(c) the permitted miscellaneous additive performs a technological purpose in the final food,

the permitted miscellaneous additive shall be regarded for the purposes of these Regulations as an additive of the final food.

    (2) No person shall use any permitted miscellaneous additive in or on any flavouring where-

(a) the level of such additives used exceeds the minimum necessary to guarantee the safety and quality of the flavouring and to facilitate its storage, or

(b) the presence of such additives is a hazard to human health, or misleading to the consumer.".

(a) the food additive, food or flavouring concerned was put on the market or labelled before 27th January 2006; and

(b) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 to 6, 7(b), 8, 9(a), 10, 11(a) to (c), (e) to (i), (k) and (l) of the Miscellaneous Food Additives Amendment (Scotland) Regulations 2005 had not been made when the food additive, food or flavouring was placed on the market or labelled.".

" Cellulose gum";

" Enzymatically hydrolysed cellulose gum".

" Partially baked, pre-packed bakery wares intended for retail sale and energy-reduced bread intended for retail sale";

(a) omit the entries relating to E 230;

(b) for the entries relating to E 1105, substitute-



"E 1105	Lysozyme      )	Ripened cheese	quantum satis
	)	Wine in accordance with Regulation (EC) No 1493/1999[13] and its implementing Regulation (EC) No 1622/2000[14]	Pro memoria

".

(a) for the entry relating to E 310, E 311, E 312, E 320 and E 321, substitute-



" E 310 E 311 E 312 E 320 E321	Propyl gallate      } Octyl gallate      } Dodecyl gallate      } Butylated hydroxyanisole (BHA)      } Butylated hydroxytoluene (BHT)      }	Fats and oils for the professional manufacture of heat-treated foods Frying oil and frying fat, excluding olive pomace oil Lard; fish oil; beef, poultry and sheep fat	} 200(1) (gallates and BHA, individually or in combination) } 100(1) (BHT) } both expressed on fat } Note: } (1) When combinations of gallates, BHA and BHT are used, the individual levels must be reduced proportionally.
	}	Cake mixes Cereal-based snack foods Milk powder for vending machines Dehydrated soups and broths Sauces Dehydrated meat Processed nuts Seasonings and condiments Pre-cooked cereals	} 200 (gallates and BHA, individually or in combination) } expressed on fat
	}	Dehydrated potatoes	} 25 (gallates and BHA, individually or in combination)
	}	Chewing gum Dietary supplements	} 400 (gallates, BHT and BHA, individually or in combination)
	}	Essential oils (E 310, E 311, E 312 and E 320 only)	} 1000 mg/kg (gallates and BHA, individually or in combination) E 310, E 311, E 312 and E 320 only
	}	Flavourings other than essential oils (E 310, E 311, E 312 and E 320 only)	} 100 mg/kg (gallates, individually or in combination) or 200 mg/kg (BHA) E 310, E 311, E 312 and E 320 only

"; and

(b) in the entry relating to E 315 and E 316, in the third column, for "Semi preserved and preserved meat products", substitute-

" Cured meat products and preserved meat products".

(a) in the entry for E 468, in the second column, insert at the end the entry "Cross-linked cellulose gum";

(b) at the end of the table, insert-



"E 555

Potassium aluminium silicate

In E 171 titanium dioxide and E 172 iron oxides and hydroxides (max 90% relative to the pigment)

".

(a) in the Notes, after note 1A, insert-

     " 1B. Formulae and weaning foods for infants and young children may contain E 1450 starch sodium octenyl succinate resulting from the addition of vitamin preparations or polyunsaturated fatty acid preparations. The carry over of E 1450 in the product ready for consumption is not to be more than 100 mg/kg from vitamin preparations and 1000 mg/kg from polyunsaturated fatty acid preparations.";

(b) in Part 3 (miscellaneous additives permitted in weaning foods for infants and young children in good health), in the entry relating to E 170, in the second column, for "Calcium carbonates", substitute "Calcium carbonate";

(c) in Part 4, for the title, substitute-

(a) inserting a definition of flavouring, as the Regulations now apply to control the use of miscellaneous additives in flavourings (regulation 3(a) and (c));

(b) bringing up to date the definition of "Directive 95/2/EC" to cover the amendment of that Directive by Directive 2003/114/EC (regulation 3(b));

(c) substituting a new definition for "stabiliser" to include substances which increase the binding capacity of food (regulation 3(d));

(d) making an amendment to regulation 4 to ensure that a flavouring which lawfully has in or on it a permitted miscellaneous additive can be used as an ingredient in a compound food

(e) .(regulation 4);

(f) providing that where a permitted miscellaneous additive used in a flavouring performs a technological function in the final food in which that flavouring is an ingredient, it is to be regarded as an additive of the final food (regulation 5);

(g) prohibiting the use of additives in flavourings in quantities greater than the minimum necessary, or in circumstances where they would be a hazard to human health or misleading to the consumer (regulation 5);

(h) making transitional provision to allow the marketing of additives, flavourings or foods marketed or labelled before 27th January 2006, which are legal under existing rules (regulation 6);

(i) allowing standardisation of, E407a, in addition to E407 and E440 with sugars, provided this is stated in addition to the number and designation of the additive (regulation 7(a));

(j) substituting "calcium carbonate" as the name for E170 (regulations 7(b), 13(b) and 14(b));

(k) adding to the acceptable names for E446, E468 and E469 (regulations 7(c) and (d) and 12(a));

(l) adding a new additive, E907, for use as a glazing agent in sugar confectionery and dried fruit (regulation 11(j));

(m) substituting new definitions of food categories in which permitted miscellaneous additives may be used (regulations 8(a) and 10(b));

(n) extending food categories in which permitted miscellaneous additives can be used (regulations 8(b(i)), 9(b),), 11(d) ), 13(a) and (c) (e), 14(d));

(o) adding one new carrier solvent (E555) to the permitted list in Schedule 4 for use in certain specified colours (regulation 12(b));

(p) introducing numerical limits for the use of E903 (carnauba wax) (regulation 11(i));

(q) introducing new provisions for the restricted use of additives in flavourings (regulations 10(a), 11(a)(i) (c) and (e) (g) and (k)).

(r) deleting one additive (E230) from the permitted list in Schedule 2 Part C (regulation 9(a));

(s) deleting one food category (cider and perry) from the foods permitted to contain phosphates (regulation 11(a) (ii));

(t) providing a definition of spice oleoresins in Schedule 3 (regulation 11(l));

(u) clarifying the extent to which E1450 may be carried over into formulae and weaning foods for infants (regulation 14(a)); and

(v) bringing up to date the title of Part 4 of Schedule 8 to take account of Commission Directive 1999/21/EC on dietary foods for special medical purposes (O.J. No. L 91, 7.4.1999, p.29) (regulation 14(c)).

A full Regulatory Impact Assessment which includes an assessment the effect which these Regulations will have on the costs of business has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ./