Scottish Statutory Instrument 2002 No. 61

      The Sweeteners in Food Amendment (Scotland) Regulations 2002

      © Crown Copyright 2002

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Royal Arms and the Queen's Printer for Scotland imprints.

      The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer for Scotland copy published by The Stationery Office Limited as the The Sweeteners in Food Amendment (Scotland) Regulations 2002, ISBN 0 11 061011 3. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

SCOTTISH STATUTORY INSTRUMENTS

2002 No. 61

FOOD

The Sweeteners in Food Amendment (Scotland) Regulations 2002

  Made 14th February 2002  
  Laid before the Scottish Parliament 15th February 2002  
  Coming into force 15th March 2002  

The Scottish Ministers, in exercise of the powers conferred by sections 16(1)(a) and (e), 17(1), 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990[1], and of all other powers enabling them in that behalf, having had regard, in accordance with section 48(4A)[2] of that Act, to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B)[3] of that Act, hereby make the following Regulations:

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Sweeteners in Food Amendment (Scotland) Regulations 2002 and shall come into force on 15th March 2002.

    (2) These Regulations extend to Scotland only.

Amendment of the Sweeteners in Food Regulations 1995
     2. The Sweeteners in Food Regulations 1995[4] ("the principal Regulations") shall be amended in accordance with regulations 3 and 4 below.

     3. In paragraph (1) of regulation 2 (interpretation)-

    (a) in the definition of "Directive 95/31/EC[5]" for "and by Directive 2000/51 in so far as it relates to maltitol syrup" there shall be substituted ", Directive 2000/51[6] and Directive 2001/52/EC;"[7]; and

    (b) for the definition of "permitted sweetener" there shall be substituted the following definition-

      " "permitted sweetener" means any sweetener specified in column 2 of Schedule 1 which satisfies the specific purity criteria for that sweetener set out-

      (a) in the case of any sweetener other than sucralose, in the Annex to Directive 95/31/EC;

      (b) in the case of sucralose, at pages 119 to 124 of the Food and Agriculture Organisation's Compendium of Food Additives Specifications Addendum 2 (1993) FAO Food and Nutrition Paper 52 Addendum 2;"

     4. In Schedule 1 (permitted sweeteners and the foods in or on which they may be used) there shall be inserted at the end, in columns 2 to 4, the provisions specified in the Schedule to these Regulations.


MARY MULLIGAN
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
14th February 2002



SCHEDULE
Regulation 4


PROVISIONS ADDED TO COLUMNS 2 TO 4 OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS


Sucralose[8] Non-alcoholic drinks     
     Water-based flavoured drinks, energy-reduced or with no added sugar 300 mg/1
     Milk - and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar 300 mg/1
     Desserts and similar products     
     Water-based flavoured desserts, energy-reduced or with no added sugar 400 mg/kg
     Milk-and-derivative-based preparations, energy reduced or with no added sugar 400 mg/kg
     Fruit-and vegetable-based desserts, energy-reduced or with no added sugar 400 mg/kg
     Egg-based desserts, energy-reduced or with no added sugar 400 mg/kg
     Cereal-based desserts, energy-reduced or with no added sugar 400 mg/kg
     Breakfast cereals with a fibre content of more than 15% and containing at least 20% bran, energy-reduced or with no added sugar 400 mg/kg
     Fat-based desserts, energy-reduced or with no added sugar 400 mg/kg
     Confectionery     
     Confectionery with no added sugar 1000 mg/kg
     Breath-freshening micro-sweets, with no added sugar 2400 mg/kg
     Tablet-form confectionery, energy-reduced 200 mg/kg
     Cocoa - or dried-fruit-based confectionery, energy reduced or with no added sugar 800 mg/kg
     Starch-based confectionery, energy-reduced or with no added sugar 1000 mg/kg
     Chewing gum with no added sugar 3000 mg/kg
     Strongly flavoured freshening throat pastilles with no added sugar 1000 mg/kg
     Miscellaneous     
     "Snacks": certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts 400 mg/kg
     Cornets and wafers, for ice-cream, with no added sugar 800 mg/kg
     Essoblaten 800 mg/kg
     Cocoa -, milk -, dried-fruit - or fat-based sandwich spreads, energy-reduced or with no added sugar 400 mg/kg
     Drinks consisting of a mixture of non-alcoholic drink and beer, cider, perry, spirits or wine 250 mg/1
     Cider and perry 250 mg/l
     Alcohol-free beer or with an alcohol content not exceeding 1.2% vol 250 mg/l
     "Bière de table/Tafelbier/Table beer" (original wort content less than 6%) except for "Obergäriges Einfachbier" 250 mg/l
     Beers with a minimum acidity of 30 milli equivalents expressed as Na OH. 250 mg/l
     Brown beers of the "oud bruin" type 250 mg/1
     Energy-reduced beer 10 mg/l
     Spirit drinks containing less than 15% alcohol by volume 250 mg/l
     Edible ices, energy-reduced or with no added sugar 320 mg/kg
     Canned or bottled fruit, energy-reduced or with no added sugar 400 mg/kg
     Energy-reduced jams, jellies and marmalades 400 mg/kg
     Energy-reduced fruit and vegetable preparations 400 mg/kg
     Feinkostsalat 140 mg/kg
     Sweet-sour preserves of fruit and vegetables 180 mg/kg
     Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs 120 mg/kg
     Sauces 450 mg/kg
     Energy-reduced soups 45 mg/l
     Mustard 140 mg/kg
     Fine bakery products: energy-reduced or with no added sugar 700 mg/kg
     Complete formulae for weight control intended to replace total daily food intake or an individual meal 320 mg/kg
     Complete formulae and nutritional supplements for use under medical supervision 400 mg/kg
     Liquid food supplements/dietary integrators 240 mg/kg
     Solid food supplements/dietary integrators 800 mg/kg
     Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type chewable 2400 mg/kg


EXPLANATORY NOTE

(This note is not part of the regulations)


These Regulations, which extend to Scotland only, further amend the Sweeteners in Food Regulations 1995.

The Regulations:-

    (a) bring up to date the definition of "Directive 95/31/EC" (which relates to specific purity criteria) so as to cover its amendment by Directive 2001/52/EC (O.J. No. L 190, 12.7.2001, p.18) to substitute new purity criteria for two permitted sweeteners, mannitol (E421) and acesulfame K (E950) (regulation 3(a)); and

    (b) grant provisional authorisation for the marketing and use as a sweetener of sucralose, as permitted by Article 5 of Directive 89/107/EEC on the approximation of the laws of the member States concerning food additives authorised for use in foodstuffs intended for human consumption (O.J. No. L 40, 11.2.1989, p.27) (regulations 3(b) and 4). This authorisation will last for a maximum of two years, in which time EC-wide approval for sucralose must be sought.

Copies of the document referred to in regulation 3(b) may be obtained from:

    The Stationery Office

    PO Box 29

    St Crispin's House

    Norwich

    NR3 1PD

Alternatively, copies may be obtained online from www.thestationeryoffice.com.

No regulatory impact assessment has been carried out in respect of these Regulations.

Notes:

[1] 1990 c.16; sections 16(1) and 48(1) were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c.28) ("the 1999 Act"), section 17(1) was amended by paragraphs 8 and 12 of Schedule 5 to the 1999 Act. Amendments made by Schedule 5 to the 1999 Act which extend to Scotland shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back

[3] Section 48(4B) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back

[4] S.I. 1995/3123, amended by S.I. 1996/1477, 1997/814, 1999/982 and S.S.I. 2001/212.back

[5] O.J. No. L 178, 28.7.95, p.1.back

[6] O.J. No. L 198, 4.8.00, p.41.back

[7] O.J. No. L 190, 12.7.01, p.18.back

[8] Authorised until 14th March 2004 in accordance with Article 5 of Directive 89/107/EEC (O.J. No. L 40, 11.2.89, p.27) pending consideration for inclusion in Directive 94/35/EC (O.J. No. L 237, 10.9.94, p.3).back


ISBN 0 11 061011 3


 


Other Scottish Statutory Instruments | UK Statutory Instruments | Home |  Her Majesty's Stationery Office

We welcome your comments on this site
 © Crown copyright 2002
Prepared 28 February 2002