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S.I. No. 369 of 2005
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EUROPEAN COMMUNITIES (FOOD ADDITIVES
OTHER THAN COLOURS AND SWEETENERS) (AMENDMENT) REGULATIONS 2005.
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I, MARY HARNEY, 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 Directive
2003/114/EC1 of the European Parliament and of the
Council of 22 December 2003 amending Directive 95/2/EC2 on
food additives other than colours and sweeteners, hereby make the following
regulations:
1. (1) These Regulations may be cited as the
European Communities (Food Additives other than Colours and Sweeteners)
(Amendment) Regulations 2005.
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(2) The Principal
Regulations and these Regulations may be cited together as the European
Communities (Food Additives other than Colours and Sweeteners) Regulations
2004 and 2005.
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(3) Subject to
Regulation 4(2), these Regulations shall come into force on 27 January 2006.
2. In these
Regulations “Principal Regulations” means the European Communities (Food
Additives other than Colours and Sweeteners) Regulations 2004 ( S.I. No. 58 of 2004 ).
3. The
Principal Regulations are amended—
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(a) in Regulation 2(1) by
inserting the following words in the definition of “Annexes” after “18 June 2003”:
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“and Directive 2003/114/EC5a of the European Parliament
and of the Council of 22 December
2003”
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and by adding the following footnote thereto:
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“5aOJ L 24, 29.1.2004, p.58.”;
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(b) in Regulation 2(1) by
inserting the following words in the definition of “Directive” after “18 June 2003”:
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“and Directive 2003/114/EC5a of the European Parliament
and of the Council of 22 December
2003”;
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(c) in Regulation 2(1), by
substituting for the definition of “stabilisers” the following definition:
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“ ‘stabilisers’ are substances which make it possible to maintain
the physico-chemical state of a foodstuff; stablisers include substances which enable the
maintenance of a homogenous dispersion of two or more immiscible substances
in a foodstuff, substances which stabilise, retain or intensify an existing
colour of a foodstuff and substances which increase the binding capacity of
the food, including the formation of cross-links between proteins enabling
the binding of food pieces into reconstituted food;”;
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(d) in Regulation 5, by
substituting for paragraph (1) the following:
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“(1) The presence of a food additive
is permissible:
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(a) in a compound foodstuff
other than one mentioned in paragraphs (3), (4) and (5) of Regulation 4, to
the extent to which the food additive is permitted in one of the ingredients
of the compound foodstuff;
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(b) in a foodstuff where a
flavouring has been added, to the extent to which the food additive is
permitted in the flavouring in compliance with these Regulations and has
been carried over to the foodstuff via the flavouring, provided the food
additive has no technological function in the final foodstuff; or
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(c) 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
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(e) in Regulation 5, by
inserting after paragraph (2) the following:
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“(3) The level
of additives in flavourings shall be limited to the minimum necessary to
guarantee the safety and quality of flavourings and to facilitate their
storage. Furthermore, the presence of additives in flavourings must not
mislead consumers or present a hazard to their health. If the presence of an
additive in a foodstuff, as a consequence of adding flavourings, has a
technological function in the foodstuff, it shall be considered as an
additive of the foodstuff and not as an additive of the flavouring.”.
4. (1) In
this Regulation, “Directive” means Directive 2003/114/EC1 of
the European Parliament and of the Council of 22 December 2003 amending
Directive 95/2/EC2 on food additives other than colours and
sweeteners.
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(2) Products
complying with the Directive may be used and placed on the market from 27 July 2005.
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(3) Products
placed on the market or labelled before 27 January 2006 may be marketed until stocks are
exhausted, notwithstanding that such stocks fail to comply with the Directive,
and such provisions of these Regulations as give effect to the Directive
shall not apply to these stocks.
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GIVEN under my Official Seal, this
15th day of July, 2005.
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MARY HARNEY,
Minister for Health and Children.
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EXPLANATORY
NOTE.
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(This note is not part
of the Instrument and does not purport to be a legal interpretation.)
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These Regulations amend
the European Communities (Food Additives other than Colours and Sweeteners)
Regulations 2004 ( S.I. No. 58 of 2004 ). These
Regulations may be cited as the European Communities (Food Additives other
than Colours and Sweeteners) (Amendment) Regulations 2005.
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These Regulations
implement Directive 2003/114/EC1
of the European Parliament and of the
Council of 22 December 2003
amending Directive 95/2/EC2
on food additives other than colours
and sweeteners.
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1OJ L 24, 29.1.2004, p. 58.
2 OJ L 61, 18.3.1995, p.
1.
1OJ L 24, 29.1.2004, p. 58.
2OJ L 61, 18.3.1995, p. 1.
1 OJ L 24, 29.1.2004, p.
58.
2OJ L 61, 18.3.1995, p. 1.
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