COMMENTED by
The Miscellaneous Food Additives (Amendment) Regulations 1999 (Note)

The Miscellaneous Food Additives (Amendment) Regulations 1999

STATUTORY INSTRUMENTS

1999 No. 1136

FOOD

The Miscellaneous Food Additives (Amendment) Regulations 1999

Made 8th April 1999

Laid before Parliament 30th April 1999

Coming into force 28th May 1999

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1)(a), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990[1] and of all other powers enabling them in that behalf, hereby make the following Regulations, after consultation in accordance with section 48(4) of the said Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations:

Title, commencement and interpretation

1. - (1) These Regulations may be cited as the Miscellaneous Food Additives (Amendment) Regulations 1999 and shall come into force on 28th May 1999.

(2) In these Regulations "the principal Regulations" means the Miscellaneous Food Additives Regulations 1995[2].

Amendment of the principal Regulations

2. The principal Regulations shall be amended in accordance with regulations 3 to 13 below.

3. In regulation 2(1) (interpretation)-

(a) in the definition of "Directive 95/2/EC" there shall be inserted at the end the words "and European Parliament and Council Directive 98/72/EC[3]";

(b) in the definition of "Directive 96/77/EC" there shall be inserted at the end the words ", as amended by Commission Directive 98/86/EC[4]";

(c) after the definition of "flavour enhancer" there shall be inserted the following definition-

"flour treatment agent" means a substance added to flour or dough to improve its baking quality, but does not include any emulsifier;";

(d) in the definition of "miscellaneous additive"-

(i) there shall be inserted after the words "flavour enhancer," the words "flour treatment agent,";

(ii) there shall be inserted at the end the words "or any enzyme except invertase or lysozyme".

4. In regulation 3(4) (use of miscellaneous additives) there shall be substituted for the words "Notes 1 and 3" the words "Notes 1, 3 and 4".

5. In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1A) the following paragraph-

(1B) In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that-

(a) the food additive or food concerned was put on the market or labelled before 1st July 1999 and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(b) and 10 of the Miscellaneous Food Additives (Amendment) Regulations 1999 had not been made when the food additive or, as the case may be, the food was put on the market or labelled, or

(b) the food additive or food concerned was put on the market or labelled before 4th November 2000 and the matter constituting the offence would not have constituted an offence under these Regulations or the Bread and Flour Regulations 1998[5] if the amendments made by regulations 3(c) and (d)(i), 7(b)(iii), 12 and 14(4) of the Miscellaneous Food Additives (Amendment) Regulations 1999 had not been made when the food additive or, as the case may be, the food was put on the market or labelled.".

6. In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8)-

(a) after note (3) there shall be inserted the following note-

(4) The substance E 920 may be used only as a flour treatment agent.";

(b) in the table there shall be inserted sequentially according to EC number the following entries-E 469Enzymatically hydrolysed carbox...

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