STATUTORY INSTRUMENTS.

S.I. No. 288 of 1999.

EUROPEAN COMMUNITIES (FOOD ADDITIVES OTHER THAN COLOURS AND SWEETENERS) REGULATIONS, 1999.

S.I. No. 288 of 1999.

EUROPEAN COMMUNITIES (FOOD ADDITIVES OTHER THAN COLOURS AND SWEETENERS) REGULATIONS, 1999.

I, BRIAN COWEN, Minister for Health and Children, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), and for the purpose of giving effect to European Parliament and Council Directive No. 95/2/EC¹ of 20 February 1995 as amended by Directive 96/85/EC² of the European Parliament and of the Council of 19 December 1996 and Directive 98/72/EC³ of the European Parliament and of the Council of 15 October 1998, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Food Additives other than Colours and Sweeteners) Regulations, 1999.

2. (1) In these Regulations--

“Annex” means an Annex to the Directive;

“authorised officer” means a person appointed as an authorised officer under Regulation 6;

“the Directive” means European Parliament and Council Directive 95/2/EC of 20 February 1995 as amended by Directive 96/85/EC of the European Parliament and of the Council of 19 December 1996 and Directive 98/72/EC of the European Parliament and of the Council of 15 October 1998;

“Directive 89/398/EEC”⁴ means Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses as amended by Directive 96/84/EC⁵ of the European Parliament and of the Council of 19 December 1996 and Directive 1999/41/EC⁶ of of the European Parliament and of the Council of 7 June 1999;

“the Minister” means the Minister for Health and Children;

(2) A word or expression which is used in these Regulations and which is also used in the Directive, has, unless the context otherwise requires, the same meaning in these Regulations it has in the Directive.

(3) (a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulation is intended.

(b) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3. (1) These Regulations apply to additives other than colours and sweeteners. These Regulations do not apply to enzymes other than those mentioned in the Annexes.

(2) The substances mentioned in Article 1(5) of the Directive are not considered as additives.

4. (1) Only substances listed in Annexes I, III, IV and V may be used for the purposes mentioned in Articles 1(3) and 1(4) of the Directive.

(2) Food additives listed in Annex I are permitted in foodstuffs, for the purposes mentioned in Articles 1(3) and 1(4) of the Directive, with the exception of those foodstuffs listed in Annex II, following the quantum satis principle.

(3) Except where specifically provided for, paragraph (2) does not apply to:

(i) the foodstuffs mentioned in Article 2(3)(a) of the Directive;

(ii) foods for infants and young children as referred to in Directice 89/398/EEC, including foods for infants and young children not in good health; these foodstuffs are subject to the provisions of Annex VI;

(iii) the foodstuffs listed in Annex II, which may contain only those additives referred to in that Annex and those additives referred to in Annexes III and IV under the conditions specified therein.

(4) Additives listed in Annexes III and IV may only be used in the foodstuffs referred to in those Annexes and under the conditions specified therein.

(5) Only those additives listed in Annex V may be used as carriers or carrier solvents for food additives and must be used under the conditions specified therein.

(6) These Regulations also apply to the corresponding foodstuffs intended for particular nutritional uses in accordance with Directive 89/398/EEC.

(7) Maximum levels indicated in the Annexes refer to foodstuffs as marketed, unless otherwise stated.

5. (1) The presence of a food additive in a foodstuff is permissible--

(a) in a compound foodstuff other than one mentioned in Article 2(3) of the Directive to the extent that the food additive is permitted in one of the ingredients of the compound foodstuff, or

(b) if the foodstuff is destined to be used solely in the preparation of a compound foodstuff and to an extent such that the compound foodstuff conforms to the provisions of these Regulations and the Directive.

(2) Paragraph (1) does not apply to infant formulae, follow-on formulae and weaning foods, as referred to in Directive 89/398/EEC, except where specially provided for.

6. (1) The Minister may appoint in writing such and so many of his or her officers as he or she thinks fit to be authorised officers for the purposes of ensuring compliance with these Regulations.

(2) The Chief Executive Officer of a health board may appoint in writing such and so many officers of the health board as he or she thinks fit to be authorised officers for the purposes of ensuring compliance with these Regulations in the functional area of the health board.

(3) A person appointed as an authorised officer under the European Communities (Detailed Provisions on the Control of Additives other than Colours and Sweeteners for use in Foodstuffs) Regulations, 1997 ( S.I. No. 128 of 1997 ) and holding office as an authorised officer immediately before the making of these Regulations shall continue in office as if appointed under this Regulation.

(4) An authorised officer shall be furnished with a certificate of his appointment as an authorised officer and, when exercising any power conferred on an authorised officer under these Regulations, shall, if requested by any person affected, produce the certificate to that person.

7. (1) Subject to paragraphs (2) and (3), a person who trades in or uses products which do not comply with these Regulations or the Directive shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(2) A product put on the market or labelled before 25 March 1997, which does not comply with Directive 95/2/EC may be marketed until stocks are exhausted.

(3) A product put on the market or labelled before 4 November 2000, which does not comply with Directive 98/72/EC may be marketed until stocks are exhausted.

8. Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body or a person who was purporting to act in any such capacity, such person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

9. An offence under these Regulations may be prosecuted by--

(a) the Minister, or

(b) the health board in whose functional area the offence was committed.

10. For the purposes of ensuring compliance with these Regulations, control shall be exercised in accordance with the provisions of the European Communities (Official Control of Foodstuffs) Regulations 1998 ( S.I. No. 85 of 1998 ) (as amended).

11. (1) The European Communities (Detailed Provisions on the Control of Additives, other than Colours and Sweeteners, for use in Foodstuffs) Regulations, 1997 ( S.I. No. 128 of 1997 ), are hereby revoked.

(2) References in another instrument to the Regulations revoked under paragraph (1) shall be construed as references to these Regulations, as appropriate.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to Directives 95/2/EC, 96/85/EC and 98/72/EC which lay down specific provisions for food additives other than colours and sweeteners for use in foodstuffs.

The European Communities (Detailed Provisions on the Control of Additives other than Colours and Sweeteners for use in Foodstuffs) Regulations, 1997 ( S.I. No. 128 of 1997 ) are hereby revoked.

¹ O.J. L61, 18.3.95, p.1

² O.J. L86, 28.3.97, p.4

³ O.J. L295, 4.11.98, p.18

⁴ O.J. L186, 30.6.89, p.27

⁵ O.J. L48, 19.2.97, p.20

⁶ O.J. L172, 8.7.99, p.38