Miscellaneous Additives in Food Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1834 |
| Year | 1980 |
1980 No. 1834
FOOD AND DRUGS
COMPOSITION AND LABELLING
The Miscellaneous Additives 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 Miscellaneous Additives 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;
"acid" means—
(a) any substance which is capable, and generally used for the purpose, of increasing the acidity of a food,
(b) nicotinic acid,
and, in each case, includes the ammonium, sodium, potassium and calcium salts of such substance;
"anti-caking agent" means any substance which is capable of reducing the tendency of individual particles of food to adhere to one another or of improving their flow characteristics;
"anti-foaming agent" means any substance which is capable of preventing or dispersing a foam;
(a) 1955 c. 16 (4 & 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).
"appropriate designation" means, as respects any permitted miscellaneous additive, 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 miscellaneous additive to which it is applied;
"base" means any substance which is capable, and generally used for the purpose, of increasing the alkalinity of a food;
"buffer" means any substance which is capable, and generally used for the purpose, of altering and controlling the acidity or alkalinity of a food;
"chocolate confectionery" has the meaning assigned to it by the Labelling of Food Regulations 1970(a);
"chocolate product" has the meaning assigned to it by the Cocoa and Chocolate Products Regulations 1976(b);
"container" includes any form of packaging of food for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article, and in particular includes a wrapper or confining band;
"European Pharmacopoeia Volume I, 1969" and "European Pharmacopoeia Volume II, 1971" mean respectively Volume I of the European Pharmacopoeia published in 1969 and Volume II of the European Pharmacopoeia published in 1971, in each case by Maisonneuve SA, 57-Sainte-Ruffine, France under the direction of the Council of Europe;
"firming agent" means any substance which is capable of making or keeping tissues of fruit or vegetables firm or crisp;
"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(c);
"Food Chemicals Codex 1972" means the edition of the Food Chemicals Codex published in 1972 by the National Academy of Sciences—National Research Council, Washington DC, United States of America;
"glazing agent" means any substance, other than a mineral hydrocarbon, which, when applied to the external surfaces of food, is capable of imparting a shiny appearance or of providing a protective coating;
"humectant" means any substance which is capable of off-setting wholly or partially the effect on a food of humidity in the atmosphere to which the food is exposed;
"liquid freezant" means any liquid or any liquefiable gas, other than air, which is capable of converting food into a frozen state;
"mineral hydrocarbon" has the meaning assigned to it by the Mineral Hydrocarbons in Food Regulations 1966(d);
"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, but does not include—
(a) S.I. 1970/400; the relevant amending instrument is S.I. 1976/541.
(b) S.I. 1976/541.
(c) 1972 c. 70.
(d) S.I. 1966/1073.
(a) any natural food substance,
(b) any permitted antioxidant,
(c) any permitted artificial sweetener,
(d) any permitted bleaching agent,
(e) any permitted colouring matter,
(f) any permitted emulsifier,
(g) any permitted improving agent,
(h) any permitted preservative,
(j) any permitted solvent,
(k) any permitted stabiliser,
(l) starches, whether modified or not,
(m) caseinates,
(n) proteins, protein concentrates and protein hydrolysates,
(o) common salt (sodium chloride),
(p) normal straight chain fatty acids derived from food fats;
"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;
"packaging gas" means any gas, other than air, introduced into a container before, during or after the placing of food in that container;
"permitted antioxidant" means any antioxidant in so far as its use is permitted by the Antioxidants in Food Regulations 1978(a);
"permitted artificial sweetener" means any artificial sweetener in so far as its use is permitted by the Artificial Sweeteners in Food Regulations 1969(b);
"permitted bleaching agent" means any bleaching agent in so far as its use is permitted by the Bread and Flour Regulations 1963(c);
"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" means any emulsifier in so far as its use is permitted by the Emulsifiers and Stabilisers in Food Regulations 1980(e);
"permitted improving agent" mean any improving agent in so far as its use is permitted by the Bread and Flour Regulations 1963;
"permitted miscellaneous additive" means any miscellaneous additive specified in Part I of Schedule 1 to these regulations which satisfies the specific purity criteria in relation to that additive specified or referred to in Part II of that Schedule and, so far as is not otherwise provided by any such specific purity criteria, satisfies the general purity criteria specified in Part III of that Schedule, or any combination of two or more such additives;
"permitted preservative" means any preservative in so far as its use is permitted by the Preservatives in Food Regulations 1979(f);
"permitted solvent" means any solvent in so far as its use is permitted by the Solvents in Food Regulations 1967(g);
(a) S.I. 1978/105, amended by S.I. 1980/1831.
(b) S.I. 1969/1817.
(c) S.I. 1963/1435; the relevant amending instrument is S.I. 1972/1391.
(d) S.I. 1973/1340; relevant amending instruments are S.I. 1975/1488, 1976/2086, 1978/1787.
(e) S.I. 1980/1833.
(f) S.I. 1979/752, amended by S.I. 1980/931.
(g) S.I. 1967/1582, amended by S.I. 1967/1939, 1980/1832.
"permitted stabiliser" means any stabiliser in so far as its use is permitted by the Emulsifiers and Stabilisers in Food Regulations 1980;
"propellent" means any liquid or any gas, other than air, which is capable of expelling food from a container;
"release agent" means any substance, other than a mineral hydrocarbon, which facilitates the ready separation of food from surfaces with which it may come in contact during the manufacture or conveyance but does not include any substance or material which forms an integral part of machinery or conveyor belts or food containers, or silicone resins baked on to baking tins;
"sell" includes offer or expose for sale or have in possession for sale, and "sale" and "sold" shall be construed accordingly;
"sequestrant" means any substance which is capable of complexing with metallic ions;
"specified food" means any food of a description specified in column 1 of Schedule 2 to these regulations;
"sugar confectionery" has the meaning assigned to it by the Labelling of Food Regulations 1970.
(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 miscellaneous additive in it or on it, or to any miscellaneous additive, 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 miscellaneous additives
4.—(1) Subject to paragraph (2) of this regulation, no food sold or imported shall have in it or on it any added miscellaneous additive other than a...
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