Preservatives in Food Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/533 |
1989No. 533
FOOD
COMPOSITION AND LABELLING
The Preservatives in Food Regulations 1989
21stMarch1989
6thApril1989
27thApril1989
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 4, 7, 118 and 119 of the Food Act 1984 ( a) and now vested in them ( b) and of all other powers enabling them in that behalf, hereby make the following Regulations, after consultation in accordance with section 118(6) of the said Act with such organisations as appear to them to be representative of interests substantially affected by the said Regulations:-
Title and commencement
1. These Regulations may be cited as the Preservatives in Food Regulations 1989, and shall come into force on 27th April 1989.
Interpretation
2.-(1) In these Regulations, unless the context otherwise requires-
(a) 1984 c.30; section 132(1) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which these Regulations are made.
(b) In the case of the Secretary of State for Health, by virtue of S.I. 1988/1843.
"the Act" means the Food Act 1984;
"appropriate designation" means, as respects any permitted preservative or any food, 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 preservative or of the food, as the case may be, to which it is applied;
"biscuits" includes wafers, rusks, crispbreads, oatcakes, matzos and chocolate-coated, chocolate-filled or chocolate-flavoured biscuits;
"bread" has the meaning assigned to it by the Bread and Flour Regulations 1984 ( a);
"canned food" means any food which-
(a) is in a hermetically sealed container, and(b)(i) has been sufficiently heat processed to destroy any Clostridium botulinum in the food or its container, or(ii) has a pH of less than 4.5,and "canned", in relation to any food, shall be construed accordingly;
"carbohydrate" means any substance containing carbon, hydrogen and oxygen only in which the hydrogen and oxygen occur in the same proportion as in water;
"cheese" and "soft cheese" have the meanings respectively assigned to them by the Cheese Regulations 1970 ( b);
"Community" means the European Economic Community;
"Community controlled wine" means wine, grape must, sparkling wine, aerated sparkling wine, liqueur wine, semi-sparkling wine and aerated semi-sparkling wine as respectively defined in Annex 1 to Council Regulation (EEC) No. 822/87 ( c) on the common organisation of the market in wine;
"compounded food" means food containing two or more ingredients;
"concentrated fruit juice" has the meaning assigned to it by the Fruit Juices and Fruit Nectars Regulations 1977 ( d);
"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;
"dock" includes any harbour, moorings, wharf, pier, jetty or other works in or at which food can be shipped or unshipped and any warehouse, transit shed or other premises used in connection therewith for the temporary storage or loading for despatch of food which is unshipped or to be shipped;
"flavouring" includes flavouring essence and flavouring extract and means any product consisting of a flavouring agent and such other substances, if any, the use of which in food is not forbidden and which are reasonably necessary to produce a solid, a solution or an emulsion, but no other ingredient or ingredients;
"flavouring agent" means any sapid or odorous substance capable of imparting and primarily intended to impart a specific and distinctive taste or odour to food, but does not include herbs, spices, onions, garlic, salt, fruit juices, soft drinks, fruit acids, acetic acid, any carbohydrate material, any purine derivative, any preparation of yeast, coffee or chicory or any substances prepared by the hydrolysis of protein-containing materials;
"flavouring syrup" means a solution of carbohydrate sweetening matter containing sufficient flavouring to provide, after dilution with milk or water, a drink with that flavour;
"flour confectionery" means any solid or semi-solid product complete in itself and suitable for consumption without further preparation or processing other than heating, of which the characteristic ingredient, apart from any filling, is ground cereal, whether or not flavoured, coated with or containing any carbohydrate sweetening matter, chocolate or cocoa; and includes shortbread, sponges, pastry, pastry cases, crumpets, muffins, macaroons, ratafias, meringues and petits fours, but does not include pharmaceutical products, bread, biscuits, canned puddings, Christmas puddings or any product containing a filling which has as an ingredient any meat or fish or any animal, vegetable or microbial material processed before or during the preparation of the product to resemble the texture of meat or fish;
(a) S.I. 1984/1304, to which there is an amendment not relevant to these Regulations.
(b) S.I. 1970/94; relevant amending instruments are S.I. 1974/1122, 1984/649.
(c) OJ No. L84, 27.3.1987, p. 1.
(d) S.I. 1977/927, to which there are amendments not relevant to these Regulations.
"food" means food intended for sale for human consumption and includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include-
(a) water, live animals or birds,(b) fodder or feeding stuffs for animals, birds or fish, or(c) articles or substances used only as drugs;"food and drugs authority" has the meaning assigned to it by section 71 of the Act;
"freeze drink" means any pre-packed liquid which complies with the requirements in the Soft Drinks Regulations 1964 ( a) as to the composition of any soft drink for consumption without dilution and which is clearly and legibly labelled as intended for freezing before consumption;
"fruit juice" has the meaning assigned to it by the Fruit Juices and Fruit Nectars Regulations 1977;
"fruit spread" means the product obtained by processing fruit, fruit pulp or puree and carbohydrate sweetening matter, with or without the addition of other substances, to a suitable consistency by the application of heat and which is not a product described in column 2 of Schedule 1 to the Jam and Similar Products Regulations 1981 ( b);
"hermetically sealed container" means a sealed container which is airtight and impermeable to gases;
"human consumption" includes use in the preparation of food for human consumption;
"ice cream" has the meaning assigned to it by the Ice-Cream Regulations 1967 ( c);
"the Minister" means the Minister of Agriculture, Fisheries and Food;
"permitted antioxidant" means any antioxidant in so far as its use is permitted by the Antioxidants in Food Regulations 1978 ( d);
"permitted colouring matter" means any colouring matter in so far as its use is permitted by the Colouring Matter in Food Regulations 1973 ( e);
"permitted emulsifier" means any emulsifier in so far as its use is permitted by the Emulsifiers and Stabilisers in Food Regulations 1980 ( f);
"permitted miscellaneous additive" means any miscellaneous additive in so far as its use is permitted by the Miscellaneous Additives in Food Regulations 1980 ( g);
"permitted preservative" means any preservative specified in columns 1 and 2 of Part I of Schedule 1 or, subject to the provisions of paragraph (2) of this regulation, specified in columns 3 and 4 of that Part of that Schedule which, in either case, satisfies the specific purity criteria in relation to that preservative 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 mixture of two or more such preservatives;
"permitted solvent" means any solvent in so far as its use is permitted by the Solvents in Food Regulations 1967 ( h);
"permitted stabiliser" means any stabiliser in so far as its use is permitted by the Emulsifiers and Stabilisers in Food Regulations 1980;
"permitted sweetener" means any sweetener in so far as it use is permitted by the Sweeteners in Food Regulations 1983 ( i);
"pre-packed" means made up in advance ready for retail sale in or on a container; and on any premises where food of any description is so made up, or is kept or stored for sale after being so made up, any food of that description found made up in or on a container shall be deemed to be pre-packed unless the contrary is proved;
"preparation", in relation to food, includes manufacture and any form of treatment;
(a) S.I. 1964/760; relevant amending instruments are S.I. 1976/295, 1977/927.
(b) S.I. 1981/1063, to which there are amendments not relevant to these Regulations.
(c) S.I. 1967/1866, to which there are amendments not relevant to these Regulations.
(d) S.I. 1978/105; relevant amending instruments are S.I. 1980/1831, 1983/1211, 1984/1304.
(e) S.I. 1973/1340; relevant amending instruments are S.I. 1975/1488, 1976/2086, 1978/1787, 1987/1987.
(f) S.I. 1980/1833; relevant amending instruments are S.I. 1982/16, 1983/1211, 1810, 1984/1304.
(g) S.I. 1980/1834; relevant amending instruments are S.I. 1982/14, 1983/1211, 1984/1304.
(h) S.I. 1967/1582; relevant amending instruments are S.I. 1967/1939, 1980/1832, 1983/1211, 1984/1304.
(i) S.I. 1983/1211, to which there is an amendment not relevant to these Regulations.
"preservative" means any substance which is capable of inhibiting, retarding or arresting the growth of micro-organisms or any deterioration of food due to micro-organisms or of masking the evidence of any such deterioration but does not include-
(a) any permitted...To continue reading
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