Made | 12 April 2005 | ||
Coming into force | 30 April 2005 |
Amendments to the Sweeteners in Food Regulations 1995
2.
The Sweeteners in Food Regulations 1995[4] are amended in so far as they apply in relation to Wales in accordance with regulations 3 to 7.
3.
- (1) In regulation 2 (interpretation) paragraph (1) -
(2) In regulation 2 paragraph (3) -
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" insert the following words -
6.
In regulation 11 (transitional provision and exemption) after paragraph (1A) insert 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)(c) or (2), or 4 to 7 of the Sweeteners in Food (Amendment) (Wales) Regulations 2005 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) -
(c) after the entries relating to "E954 Saccharin and its Na, K and Ca salts", the following entries are 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(b) | ||
- Fat-based desserts, energy-reduced or with no added sugar | 350 mg/kg(a) | ||
Confectionery | |||
- Confectionery with no added sugar500 mg/kg(a) | |||
- Cocoa or dried-fruit-based confectionery, 500 mg/kg(a) energy-reduced or with no added sugar | |||
- Starch-based confectionery, energy-reduced or with 1000 no added sugarmg/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)" |
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[10]
D. Elis-Thomas
The Presiding Officer of the National Assembly
12 April 2005
2.
These Regulations amend the Sweeteners in Food Regulations 1995 in relation to Wales by -
3.
A regulatory appraisal has been prepared for these Regulations and placed in the library of the National Assembly for Wales, 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 Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.
[2] Functions of the Secretary of State under the Food Safety Act 1990, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).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 7 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. 2001/2679 (W.220), S.I. 2002/330 (W.43) and S.I. 2003/1713 (W.181).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, 6.3.1966, p.22.back
[8] OJ No. L91, 7.4.1999, p.29.back
[9] OJ No. L183, 12.7.2002, p.51.back