Emulsifiers and Stabilisers in Food Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1833 |
| Year | 1980 |
1980 No. 1833
FOOD AND DRUGS
COMPOSITION AND LABELLING
The Emulsifiers and Stabilisers in Food Regulations 19801stDecember 1980
10thDecember 1980
31stDecember 1980
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Social Services and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 4, 7 and 123 of the Food and Drugs Act 1955(a) and of all other powers enabling them in that behalf, hereby make the following regulations, after consultation with such organisations as appear to them to be representative of interests substantially affected by the regulations and after reference to the Food Hygiene Advisory Council under section 82 of the said Act (in so far as the regulations are made in exercise of the powers conferred by the said section 7):—
Citation and commencement
1. These regulations may be cited as the Emulsifiers and Stabilisers in Food Regulations 1980, and shall come into operation on 31st December 1980.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs Act 1955;
"appropriate designation" means, as respects any permitted emulsifier or permitted stabiliser, a name or description or a name and description sufficiently specific, in each case, to indicate to an intending purchaser the true nature of the permitted emulsifier or permitted stabiliser to which it is applied;
"bread" has the meaning assigned to it by the Bread and Flour Regulations 1963(b);
"cheese spread", "processed cheese", "soft cheese" and "whey cheese" have the meanings respectively assigned to them by the Cheese Regulations 1970(c);
"chocolate product" and "cocoa product" have the meanings respectively assigned to them by the Cocoa and Chocolate Products Regulations 1976(d);
"emulsifier" and "stabiliser" mean respectively any substance which is capable—
(a) 1955 c. 16 (4 and 5 Eliz. 2); section 4 was amended by section 4(1) of and paragraph 3(1) of Schedule 4 to the European Communities Act 1972 (c. 68); sections 4, 7 and 123 are to be read with the Secretary of State for Social Services Order 1968 (S.I. 1968/1699) and the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272).
(b) S.I. 1963/1435; the relevant amending instrument is S.I. 1972/1391.
(c) S.I. 1970/94; the relevant amending instrument is S.I. 1974/1122.
(d) S.I. 1976/541.
(a) in the case of an emulsifier, of aiding the formation of, and
(b) in the case of a stabiliser, of maintaining,
the uniform dispersion of two or more immiscible substances, but do not in either case include—
(i) any natural food substance,
(ii) any permitted antioxidant,
(iii) any permitted artificial sweetener,
(iv) any permitted bleaching agent,
(v) any permitted colouring matter,
(vi) any permitted improving agent,
(vii) any permitted miscellaneous additive,
(viii) any permitted preservative,
(ix) any permitted solvent,
(x) caseins and caseinates,
(xi) proteins, protein concentrates and protein hydrolysates,
(xii) starches, whether modified or not,
(xiii) normal straight chain fatty acids derived from food fats;
"flour" has the meaning assigned to it by the Bread and Flour Regulations 1963;
"food" has the same meaning as in the Act, except that it is limited to food intended for sale for human consumption;
"food and drugs authority" has the meaning assigned to it by section 198 of the Local Government Act 1972(a);
"Food Chemicals Codex 1972" and "First Supplement 1974" mean respectively the second edition of the Food Chemicals Codex published in 1972 and the First Supplement to that edition published in 1974, in each case, by the National Academy of Sciences, Washington DC, United States of America;
"natural food substance" means any substance, suitable for use as food and commonly used as food, which is wholly a natural product, whether or not that substance has been subjected to any process or treatment, and includes malt extract and glucose syrup but does not include edible gums;
"permitted antioxidant" means any antioxidant in so far as its use is permitted by the Antioxidants in Food Regulations 1978(b);
"permitted artificial sweetener" means any artificial sweetener in so far as its use is permitted by the Artificial Sweeteners in Food Regulations 1969(c);
"permitted bleaching agent" means any bleaching agent in so far as its use is permitted by the Bread and Flour Regulations 1963;
"permitted colouring matter" means any colouring matter in so far as its use is permitted by the Colouring Matter in Food Regulations 1973(d);
"permitted emulsifier" and "permitted stabiliser" mean respectively any emulsifier and any stabiliser specified in Part I of Schedule 1, which complies with the specific purity criteria in relation to that emulsifier or stabiliser specified or referred to in Part II of that Schedule and, so far as is not otherwise provided in any such specific purity criteria, with the general purity criteria in Part III of that Schedule, or any mixture of two or more such emulsifiers or stabilisers or emulsifiers and stabilisers;
(a) 1972 c. 70.
(b) S.I. 1978/105, amended by S.I. 1980/1831.
(c) S.I. 1969/1817.
(d) S.I. 1973/1340; relevant amending instruments are S.I. 1975/1488, 1976/2086, 1978/1787.
"permitted improving agent" means any improving agent in so far as its use is permitted by the Bread and Flour Regulations 1963;
"permitted miscellaneous additive" means any acid, anti-caking agent, anti-foaming agent, base, buffer, firming agent, glazing agent, humectant, liquid freezant, packaging gas, propellent, release agent or sequestrant in so far as its use is, in each case, permitted by the Miscellaneous Additives in Food Regulations 1980(a);
"permitted preservative" means any preservative in so far as its use is permitted by the Preservatives in Food Regulations 1979(b);
"permitted solvent" means any solvent in so far as its use is permitted by the Solvents in Food Regulations 1967(c);
"sell" includes offer or expose for sale or have in possession for sale and "sale" and "sold" shall be construed accordingly;
"soft drink" has the meaning assigned to it by the Soft Drinks Regulations 1964(d);
"specified food" means any food of a description specified in column 1 of Part I or Part II of Schedule 2;
"specified sugar product" has the meaning assigned to it by the Specified Sugar Products Regulations 1976(e).
(2) Unless a contrary intention is expressed, all proportions mentioned in these regulations are proportions calculated by weight of the product as sold.
(3) Any reference in these regulations to a label borne on a container shall be construed as including a reference to any legible marking on the container however effected.
(4) For the purposes of these regulations, the supply of food, otherwise than by sale, at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale of that food.
(5) Any reference in these regulations to a numbered regulation or schedule shall, unless the reference is to a regulation of, or schedule to, specified regulations, be construed as a reference to the regulation or schedule bearing that number in these regulations.
Exemptions
3. The provisions of these regulations shall not apply to food having any emulsifier or stabiliser in it or on it or to any emulsifier or stabiliser which, in each case, is intended at the time of sale or importation, as the case may be, for exportation to any place outside the United Kingdom.
Sale, etc., of food containing emulsifiers or stabilisers
4.—(1) Subject to the provisions of this regulation, no food sold or imported shall have in it or on it any added emulsifier or added stabiliser other than a permitted emulsifier or permitted stabiliser.
(2) Save as hereinafter provided, no food sold or imported shall have in it or on it any added permitted emulsifier or added permitted stabiliser specified in column 2 of Part I of Schedule 2:
Provided that any specified food described in column 1 of that Part of that Schedule may have in it or on it any permitted emulsifier or permitted stabiliser
(a) S.I. 1980/1834.
(b) S.I. 1979/752, amended by S.I. 1980/931.
(c) S.I. 1967/1582, amended by S.I. 1967/1939, 1980/1832.
(d) S.I. 1964/760, to which there are amendments not relevant to these regulations.
(e) S.I. 1976/509.
of the description and in the proportion specified in relation thereto in columns 2 and 3 respectively of that Part of that Schedule.
(3) Save as hereinafter provided, no specified food described in column 1 of Part II of Schedule 2, sold or imported shall have in it or on it any added permitted emulsifier or added permitted stabiliser:
Provided that any specified food described in column 1 of Part II of Schedule 2 may, subject to the provisions of paragraph 1 of that Part have in it or on it any permitted emulsifier or permitted stabiliser of the description and in the proportion specified in relation thereto in columns 2 and 3 respectively of that Part of that Schedule.
(4) Nothing in the two preceding paragraphs shall prohibit the presence in or on any food, which has in it or on it any specified food, of any permitted emulsifier or permitted stabiliser of the description specified for, and in the amount appropriate to the quantity of, that specified food in accordance with the two preceding paragraphs:
Provided that where, by reason of the use of a tin-greasing emulsion in its preparation, any food has present in it or on it—
(a) the permitted emulsifier oxidatively polymerised soya bean oil, that permitted emulsifier shall be present in a proportion not exceeding 50 milligrams per kilogram;
(b) the permitted emulsifier polyglycerol esters of dimerised fatty acids of soya bean oil, that permitted emulsifier shall be present in a proportion not exceeding 20 milligrams per kilogram.
(5) Nothing in paragraph (3) of this regulation shall prohibit the presence in or on any bread, by reason of the...
To continue reading
Request your trial