FSA Consultation Letter, 14 December 2011
A copy of the consultation letter is available on this site. See: Consultation Summary and Annexes: Food Additives (England) and the Extraction Solvents in Food (England) Regulations 2012
To provide stakeholders with an opportunity to comment on the provisions of the draft Food Additives (England) (Amendment) and the Extraction Solvents in Food (Amendment) (England) Regulations 2012 and the associated EU legislation. Responses are requested by: 15 February 2012
Audience
Who will this consultation be of most interest to?
Manufacturers of food additives and extraction solvents, food manufacturers using food additives, manufacturers of food and flavourings using extraction solvents, and enforcement authorities.
What is the subject of this consultation?
National Regulations relating to England to provide for the execution and enforcement of European Commission Regulations which (a) establish an EU list of food additives, (b) establish an EU list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients and (c) set down specifications for the food additives in those lists. The national regulations will also rectify an omission from the Extraction Solvents in Food (Amendment) (England) Regulations 2011 to include Dimethyl ether in the list of permitted extraction solvents in Schedule 1, Part 1, of the Extraction Solvents in Food Regulations 1993 in so far as they relate to England.
What is the purpose of this consultation?
To provide stakeholders with an opportunity to comment on the provisions of the draft Food Additives (England) (Amendment) and the Extraction Solvents in Food (Amendment) (England) Regulations 2012 and the associated EU legislation. Separate consultations will be carried out in Scotland, Wales and Northern Ireland on draft regulations relating to those parts of the UK.
Consultation details
Food Additives
The Food Additives (England) (Amendment) and the Extraction Solvents in Food (Amendment) (England) Regulations 2012 (the proposed Regulations) are necessary to amend the Food Additives (England) Regulations 2009 (as previously amended) to provide for the execution and enforcement of three directly applicable EU Regulations which will amend Regulation (EC) No. 1333/2008 („Regulation 1333/2008‟) on food additives and for the associated transitional arrangements.
Commission Regulation (EU) No 1129/2011 (Regulation 1129/2011) will amend Annex II to Regulation 1333/2008 establishing an EU list of food additives. Commission Regulation (EU) No 1130/2011 (Regulation 1130/2011) will amend Annex III to Regulation 1333/2008 establishing an EU list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients. A third, as yet unpublished EU regulation will set down specifications for food additives in the EU lists at Annex II and Annex III to Regulation 1333/2008 established by Regulations 1129/2011 and 1130/2011.
Extraction Solvents
The proposed regulations would also amend The Extraction Solvents in Food Regulations 1993 (as amended) in so far as they relate to England in order to rectify an omission from the Extraction Solvents in Food (Amendment) (England) Regulations 2011 which implemented European Commission Directive 2010/59/EU on extraction solvents used in the production of foodstuffs and food ingredients. The proposed amendment would include Dimethyl ether in the list of permitted extraction solvents in Part 1 of Schedule 1 to the 1993 Regulations.
Purpose of Consultation:
The purpose of this consultation is to provide stakeholders with an opportunity to comment on the provisions of the proposed regulations and the associated EU legislation. Separate consultations will be carried out in Scotland, Wales and Northern Ireland on draft national regulations relating to those parts of the UK.
Key Proposals:
National regulations relating to England that will:
Consultation Process/Anticipated Impact:
Food Additives
The FSA consulted UK industry during extensive EU negotiations on all three EU regulations. The European Commission also consulted widely. UK industry's comments were noted and any concerns raised and largely resolved by the UK delegation during the EU negotiations. The provisions of Annex II, parts of Annex III and the new regulation on specifications are a largely a consolidation of existing legislation with which industry is familiar. The new restrictions on lycopene and additives in additives, enzymes and nutrients have been the subject of extensive discussions with industry and account has been taken as far as possible of industry's requirements. Lengthy transitional arrangements have been negotiated and as far as we are aware the incremental impact that would arise from these EU regulations would be negligible.
Impact Assessment:
As it is anticipated that only negligible incremental impact on UK industry will arise from the proposed national regulations, the FSA has not prepared an Impact Assessment (IA) on this occasion (see also Paragraph 10 of Annex A to this consultation document). However, should this consultation bring to light any impact that has not been anticipated, the FSA will reconsider the need for an IA. A suggested structure for the information sought is shown in Annexes H and I, but where possible, we will take account of any information submitted.
Questions asked in this consultation:
Responses:
Responses are required by close 15 February 2012.