Food Law News - UK - 2004
FSA Consultation Letter, 16 Setpember 2004
ADDITIVES - Consultation on draft regulations relating to food additives other
than colours or sweeteners (fifth amendment)
Consultation on draft regulations implementing European Parliament and Council
Directive 2003/114/EC amending Directive 95/2/EC on food additives other than
colours and sweeteners for the fifth time. Responses are requested by: 9 December
European Parliament and Council Directive 95/2/EC on food additives other than
colours and sweeteners sets out a list of authorised miscellaneous additives,
the foodstuffs in which they may be used and their conditions of use. It has
been amended on four previous occasions.
Directive 2003/114/EC of 22 December 2003, which was published in the Official
Journal of the European Communities (L 283) on 29 January 2004, amends Directive
95/2/EC for the fifth time. The key changes are as follows:
- the authorisation of one new food additive, hydrogenated poly-1-decene (E907),
and a number of new food uses for currently permitted food additives
- the clarification or extension of certain food categories in which food
additives may be used, and the introduction of alternative names cellulose
gum and enzymatically hydrolysed cellulose gum respectively- for E466 (carboxy
methyl cellulose and E469 (enzymatically hydrolysed carboxy methyl cellulose)
- the deletion of one food category (cider and perry) from the foods permitted
to contain phosphates (E338-452), and the transfer of controls on certain
preservatives used on fruit biphenyl, orthophenyl phenol and sodium
orthophenyl phenol (E 230-232) to legislation on plant protection products,
once suitable labelling provisions have been included
- the introduction of numerical maximum limits for uses of carnauba wax (E903)
following recent advice from the Scientific Committee on Food. This was previously
permitted to be used at quantum satis level (i.e. in line with good manufacturing
- the extension of the scope of the existing food additive category of stabilisers
to cover binding agents
- the introduction of harmonised controls on additives needed for the storage
and use of flavourings. At present, different laws apply in individual Member
States to these substances, with no specific controls existing in the UK,
although any substance added to food must meet the general requirements of
the Food Safety Act 1990. Under the new regulations additives used in flavourings
are, in most cases, controlled by way of a maximum limit in the flavouring.
Their use in flavourings is very low, with no technological function in the
final food. (Most flavoured foods contain less than 1% of flavouring). However,
in cases where it might be difficult to judge clearly whether a transferred
additive has a technological function in the food or not, a maximum use level
has been set in the final food.
The proposed regulations
The Miscellaneous Food Additives Regulations 1995 have been amended four times
(in 1997, 1999, 2001 and 2003) to implement amendments to Directive 95/2/EC.
The draft Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations
2004 will implement the provisions of Directive 2003/114/EC in England.
Member States are required to implement the provisions of Directive 2003/114/EC
into national legislation before 27 July 2005 and to prohibit products that
do not comply with the Directive by 27 January 2006. It is planned that the
new regulations will come into force in England during February 2005.
Colleagues in Scotland, Wales and Northern Ireland are drawing up their own
regulations to implement the new Directive and are carrying out similar consultation
For a copy of the draft regulation, see the consultation
letter at: http://www.food.gov.uk/foodindustry/Consultations/consulteng/foodadd5thamend
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