Sweeteners in Food Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1211 |
1983 No. 1211
FOOD
COMPOSITION AND LABELLING
The Sweeteners in Food Regulations 19834thAugust 1983
16thAugust 1983
6thSeptember 1983
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 by sections 4, 7 and 123 of the Food and Drugs Act 1955(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 123(6) of the said Act with such organisations as appear to them to be representative of interests substantially affected by the regulations and after reference in accordance with section 82(4) of the said Act to the Food Hygiene Advisory Council (in so far as the regulations are made in exercise of the powers conferred by the said section 7):—
Title and commencement
1. These regulations may be cited as the Sweeteners in Food Regulations 1983 and shall come into operation on 6th September 1983.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs Act 1955;
"the British Pharmacopoeia 1980" means the edition of the British Pharmacopoeia published in 1980 in London by the Department of Health and Social Security, the Scottish Home and Health Department, the Welsh Office and the Department of Health and Social Services for Northern Ireland, ISBN 0 11 320688 7*;
"the British Pharmacopoeia 1980 Addendum 1982" means the Addendum to the British Pharmacopoeia 1980 published in 1982 in London by the Department of Health and Social Security, the Scottish Home and Health Department, the Welsh Office and the Department of Health and Social Services for Northern Ireland, ISBN 0 11 320738 7;
"carbohydrate" means a substance which contains carbon, hydrogen and oxygen only, and in which the hydrogen and oxygen occur in the same proportion as in water;
"catering establishment" has the meaning assigned to it by the Food Labelling Regulations 1980 (c);
(a) 1955 c.16 (4 & 5 Eliz. 2); section 4 was amended by paragraph 3(1) of Schedule 4 to the European Communities Act 1972 (c.68); section 123 was amended by section 4 of the Food and Drugs (Amendment) Act 1982 (c.26).
(b) In the case of the Secretary of State for Social Services by virtue of S.I. 1968/1699 and in the case of the Secretary of State for Wales by virtue of S.I. 1978/272.
(c) S.I. 1980/1849, to which there are amendments not relevant to these regulations.
"food and drugs authority" has the meaning assigned to it by section 198 of the Local Government Act 1972(a);
"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;
"permitted antioxidant" means any antioxidant in so far as its use is permitted by the Antioxidants in Food Regulations 1978(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" means 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 in so far as its use is permitted by the Miscellaneous Additives in Food Regulations 1980(f);
"permitted preservative" means any preservative in so far as its use is permitted by the Preservatives in Food Regulations 1979 (g);
"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 specified in Part I of Schedule 1 which satisfies the specific purity criteria for that sweetener specified or referred to in Part II of that Schedule and, so far as is not otherwise provided for by any such specific purity criteria, satisfies the general purity criteria specified in Part III of that Schedule;
"sell" includes offer or expose for sale and includes have in possession for sale, and "sale" shall be construed accordingly;
"sweetener" means any substance, other than a carbohydrate, whose primary organoleptic characteristic is sweetness, but does not include—
(a) any natural food substance,
(b) any permitted antioxidant,
(c) any permitted bleaching agent,
(d) any permitted colouring matter,
(e) any permitted emulsifier,
(f) any permitted improving agent,
(g) any permitted miscellaneous additive,
(h) any permitted preservative,
(a) 1972 c.70.
(b) S.I. 1978/105; the relevant amending instrument is S.I. 1980/1831.
(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; the relevant amending instrument is S.I. 1982/16.
(f) S.I. 1980/1834; the relevant amending instrument is S.I. 1982/14.
(g) S.I. 1979/752; relevant amending instruments are S.I. 1980/931, 1981/1063, 1982/15.
(h) S.I. 1967/1582; relevant amending instruments are S.I. 1967/1939, 1980/1832.
(i) any permitted solvent,
(j) any permitted stabiliser,
(k) any starch, whether modified or not;
"ultimate consumer" has the meaning assigned to it by the Food Labelling Regulations 1980.
(2) 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.
(3) Unless a contrary intention is expressed, all proportions mentioned in these regulations are proportions calculated by weight of the product as sold.
(4) 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 so numbered in these regulations.
Exemptions
3. These regulations do not apply to any food (including any sweetener) which is—
(a) not intended for sale for human consumption; or
(b) intended at the time of sale or importation, as the case may be, for exportation to any place outside the United Kingdom.
Sale and importation of food containing added sweeteners
4. No person shall sell or import any food which has in it or on it any added sweetener other than a permitted sweetener.
Sale, importation and advertisement of sweeteners
5.—(1) No person shall sell or import any sweetener (including any sweetener with which any other substance has been mixed) which is intended for use in a catering establishment or for use by the ultimate consumer other than a permitted sweetener.
(2) No person shall sell or advertise for sale any sweetener (including any sweetener with which any other substance has been mixed) for use as an ingredient in the preparation of food unless the sweetener is a permitted sweetener.
Food for babies and young children
6.—(1) No person shall sell any food that is specially prepared for babies or young children if it has in it or on it any added sweetener.
(2) Paragraph (1) of this regulation shall not apply to food specially prepared for babies or young children with special dietary requirements.
Labelling provisions
7.—(1) No person shall sell a permitted sweetener (including a permitted sweetener with which any other substance has been mixed) which is not ready for delivery to the ultimate consumer or a catering establishment unless it is marked or labelled with—
(a) the name of the permitted sweetener;
(b) the serial number, if any, specified for the permitted sweetener in column 2 of Part I of Schedule 1;
(c) the words "for foodstuffs (restricted use)";
(d) the name or business name and an address or registered office of the manufacturer or packer, or of a seller established within the European Economic Community; and
(e) in the case of the permitted sweetener sorbitol syrup (E420) which contains after hydrolysis a level of total sugars exceeding 1%, the words "contains after hydrolysis a level of total sugars of more than 1%" or substantially similar words.
(2) Without prejudice to paragraph (1) of this regulation, no person shall sell a permitted sweetener with which any other substance (including another permitted sweetener) has been...
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