Made | 14th December 2004 | ||
Laid before Parliament | 21st December 2004 | ||
Coming into force | 29th January 2005 |
Amendments to the Sweeteners in Food Regulations 1995
2.
The Sweeteners in Food Regulations 1995[4] shall be amended insofar as they apply in relation to England in accordance with regulations 3 to 7.
3.
- (1) In regulation 2 (interpretation) paragraph (1) -
(b) in the definition of "Directive 95/31/EC" after the words "Directive 2001/52/EC" there shall be inserted -
(c) for the definition of "permitted sweetener" there shall be substituted the following definition -
(2) In regulation 2 paragraph (3) -
shall be omitted; and
4.
In regulation 3 (sale and use of sweeteners) -
5.
In regulation 4 (sale of table-top sweeteners) in paragraph (b)(iii), after the words "where it contains aspartame" there shall be inserted the following words -
6.
In regulation 11 (transitional provision and exemption) after paragraph (1A) there shall be inserted the following paragraph -
which in either case was placed on the market before 29th July 2005; and
(c) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(1)(a) or (c) or (2), or 4 to 7 of the Sweeteners in Food (Amendment) (England) Regulations 2004 had not been made when the act was committed.".
7.
In Schedule 1 (permitted sweeteners and the foods in or on which they may be used) -
"Essoblaten"
and in the corresponding place in Column 4 there shall be inserted the following entry -
(b) in the entries relating to "E952 Cyclamic Acid and its Na and Ca salts" -
(c) after the entries relating to "E954 Saccharin and its Na, K and Ca salts", the following entries shall be inserted -
"E955 | Sucralose | Non-alcoholic drinks | |
- Water-based flavoured drinks, energy-reduced or with no added sugar | 300 mg/l | ||
- Milk and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar | 300 mg/l | ||
Desserts and similar products | |||
- Water-based flavoured desserts, energy-reduced or with no added sugar | 400 mg/kg | ||
- Milk and milk-derivative-based preparations, energy-reduced or with no added sugar | 400 mg/kg | ||
- Fruit and vegetable-based desserts, energy-reduced or with no added sugar | 400 mg/kg | ||
- Egg-based desserts, energy-reduced or with no added sugar | 400 mg/kg | ||
- Cereal-based desserts, energy-reduced or with no added sugar | 400 mg/kg | ||
- Breakfast cereals with a fibre content of more than 15% and containing at least 20% bran, energy-reduced or with no added sugar | 400 mg/kg | ||
- Fat-based desserts, energy-reduced or with no added sugar | 400 mg/kg | ||
Confectionery | |||
- Confectionery with no added sugar | 1000 mg/kg | ||
- Cocoa or dried-fruit based confectionery, energy-reduced or with no added sugar | 800 mg/kg | ||
- Starch-based confectionery, energy-reduced or with no added sugar | 1000 mg/kg | ||
- Cornets and wafers, for ice cream, with no added sugar | 800 mg/kg | ||
- Breath freshening micro-sweets with no added sugar | 2400 mg/kg | ||
- Strongly flavoured freshening throat pastilles with no added sugar | 1000 mg/kg | ||
- Chewing gum with no added sugar | 3000 mg/kg | ||
- Energy-reduced tablet form confectionery | 200 mg/kg | ||
Miscellaneous | |||
- "Snacks": certain flavours of ready to eat, pre-packed, dry, savoury starch products and coated nuts | 200 mg/kg | ||
- Essoblaten | 800 mg/kg | ||
- Cocoa, milk, dried fruit or fat-based sandwich spreads, energy-reduced or with no added sugar | 400 mg/kg | ||
- Cider and Perry | 50 mg/l | ||
- Drinks consisting of a mixture of non-alcoholic drink and beer, cider, perry, spirits or wine | 250 mg/l | ||
- Spirit drinks containing less than 15% alcohol by volume | 250 mg/l | ||
- Alcohol-free beer or with an alcohol content not exceeding 1.2% vol | 250 mg/l | ||
- Biere de table/Tafelbier/Table beer (original wort content less than 6% except for "Obergariges Einfachbier" | 250 mg/l | ||
- Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH | 250 mg/l | ||
- Brown beer of the "oud bruin" type | 250 mg/l | ||
- Energy-reduced beer | 10 mg/l | ||
- Edible ices, energy-reduced or with no added sugar | 320 mg/kg | ||
- Canned or bottled fruit, energy-reduced or with no added sugar | 400 mg/kg | ||
- Energy-reduced jams, jellies and marmalades | 400 mg/kg | ||
- Energy-reduced fruit and vegetable preparations | 400 mg/kg | ||
- Sweet-sour preserves of fruit and vegetables | 180mg/kg | ||
- Feinkostsalat | 140 mg/kg | ||
- Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs | 120 mg/kg | ||
- Energy-reduced soups | 45 mg/l | ||
- Sauces | 450 mg/kg | ||
- Mustard | 140 mg/kg | ||
- Fine bakery products for special nutritional uses | 700 mg/kg | ||
- Foods intended for use in energy-restricted diets for weight reduction as referred to in Directive 1996/8/EC | 320 mg/kg | ||
- Dietary foods for special medical purposes as defined in Directive 1999/21/EC | 400 mg/kg | ||
- Food supplements as defined in Directive 2002/46/EC supplied in a liquid form | 240 mg/l | ||
- Food supplements as defined in Directive 2002/46/EC supplied in a solid form | 800 mg/kg | ||
- Food supplements as defined in Directive 2002/46/EC based on vitamins and/or mineral elements and supplied in a syrup-type or chewable form | 2400 mg/kg" |
"E962 | Salt of aspartame-acesulfame | Non-alcoholic drinks | |
- Water-based flavoured drinks, energy-reduced or with no added sugar | 350 mg/l(a) | ||
- Milk and milk-derivative-based or fruit-juice based drinks, energy-reduced or with no added sugar | 350 mg/l(a) | ||
Desserts and similar products | |||
- Water-based flavoured desserts, energy-reduced or with no added sugar | 350 mg/kg(a) | ||
- Milk and milk-derivative-based preparations, energy-reduced or with no added sugar | 350 mg/kg(a) | ||
- Fruit and vegetable-based desserts, energy-reduced or with no added sugar | 350 mg/kg(a) | ||
- Egg-based desserts, energy-reduced or with no added sugar | 350 mg/kg(a) | ||
- Cereal-based desserts, energy-reduced or with no added sugar | 350 mg/kg(a) | ||
- Breakfast cereals with a fibre content of more than 15% and containing at least 20% bran, energy-reduced or with no added sugar | 1000 mg/kg(a) | ||
- Fat-based desserts, energy-reduced or with no added sugar | 350 mg/kg(a) | ||
Confectionery | |||
- Confectionery with no added sugar | 500 mg/kg(a) | ||
- Cocoa or dried-fruit-based confectionery, energy-reduced or with no added sugar | 500 mg/kg(a) | ||
- Starch-based confectionery, energy-reduced or with no added sugar | 1000 mg/kg(a) | ||
- Breath freshening micro-sweeets with no added sugar | 2500 mg/kg(a) | ||
- Chewing gum with no added sugar | 2000 mg/kg(a) | ||
Miscellaneous | |||
"Snacks": certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts | 500 mg/kg(b) | ||
- Essoblaten | 1000 mg/kg(b) | ||
- Cocoa, milk, dried-fruit or fat-based sandwich spreads, energy-reduced or with no added sugar | 1000 mg/kg(b) | ||
- Cider and perry | 350 mg/l(a) | ||
- Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine | 350 mg/l(a) | ||
- Spirit drinks containing less than 15% alcohol by volume | 350 mg/l(a) | ||
- Alcohol-free beer or with an alcohol content not exceeding 1.2% vol | 350 mg/l(a) | ||
- "Biere de table/Tafelbier/Table beer" (original wort content less than 6%) except for "Obergariges Einfachbier" | 350 mg/l(a) | ||
- Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH | 350 mg/l(a) | ||
- Brown beers of the "oud bruin" type | 350 mg/l(a) | ||
- Energy-reduced beer`- | 25 mg/l(b) | ||
- Edible ices, energy-reduced or with no added sugar | 800 mg/kg(b) | ||
- Canned or bottled fruit, energy-reduced or with no added sugar | 350 mg/kg(a) | ||
- Energy-reduced jams, jellies and marmalades | 1000 mg/kg(b) | ||
- Energy-reduced fruit and vegetable preparations | 350 mg/kg(a) | ||
- Sweet-sour preserves of fruit and vegetables | 200 mg/kg(a) | ||
- Feinkostsalat | 350 mg/kg(b) | ||
- Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs | 200 mg/kg(a) | ||
- Energy-reduced soups | 110 mg/l(b) | ||
- Sauces | 350 mg/kg(b) | ||
- Mustard | 350 mg/kg(b) | ||
- Fine bakery products for special nutritional uses | 1000 mg/kg(a) | ||
- Foods intended for use in energy-restricted diets for weight reduction as referred to in Directive 1996/8/EC | 450 mg/kg(a) | ||
- Dietary foods for special medical purposes as defined in Directive 1999/21/EC | 450 mg/kg(a) | ||
- Food supplements as defined in Directive 2002/46/EC supplied in a liquid form | 350 mg/l(a) | ||
- Food supplements as defined in Directive 2002/46/EC supplied in a solid form | 500 mg/kg(a) | ||
- Food supplements as defined in Directive 2002/46/EC based on vitamins and/or mineral elements and supplied in a syrup-type or chewable form | 2000 mg/kg(a)" |
(e) the entries relating to Sucralose listed at the end of the Table in Columns 2 to 4 shall be omitted;
(f) for the words "Complete formulae for weight control intended to replace total daily food intake or an individual meal", wherever they occur, there shall be substituted the following words -
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State, Department of Health
14 December 2004
2.
These Regulations amend the Sweeteners in Food Regulations 1995 in relation to England by -
3.
A regulatory impact assessment has been prepared for these Regulations and placed in the Library of each of the Houses of Parliament, together with a transposition note setting out how the main elements of the Directives referred to in paragraph 1 above are transposed into domestic law by these Regulations. Copies may be obtained from the Novel Foods, Additives and Supplements Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.
[2] Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable, in relation to England, by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c.28). Those functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act. Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act. Section 17(1) was amended by paragraph 12(a), and section 48 by paragraph 21, of Schedule 5 to the 1999 Act. Section 48 was also amended by S.I. 2004/2990. Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend existing Regulations made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.back
[3] OJ No. L31, 1.2.2001, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4). By virtue of regulation 5 of the Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. 2004/2990), with effect from 7th December 2004 the consultation requirement contained in section 48(4) of the 1990 Act is disapplied in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.back
[4] S.I. 1995/3123, amended by S.I. 1996/1477, S.I. 1997/814, S.I. 1999/982, S.I. 2001/2294, S.I. 2002/379 and S.I. 2003/1182.back
[5] OJ No. L24, 29.1.2004, p.65.back
[6] OJ No. L114, 21.4.2004, p.15.back
[7] OJ No. L55, 6.3.1996, p.22.back
[8] OJ No. L91, 7.4.1999, p.29.back
[9] OJ No. L183, 12.7.2002, p.51.back