The Food Additives Regulations (Northern Ireland) 2009

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations revoke the Food Additives Labelling Regulations (Northern Ireland) 1992 ( S.R. 1992 No. 417 ), the Sweeteners in Food Regulations (Northern Ireland) 1996 ( S.R. 1996 No. 48 ), the Colours in Food Regulations (Northern Ireland) 1996 ( S.R. 1996 No. 49 ), the Miscellaneous Food Additives Regulations (Northern Ireland) 1996 ( S.R. 1996 No. 50 ) and various Statutory Rules which amended them. They also re-enact with changes and on a transitional basis certain provisions of the Sweeteners in Food Regulations (Northern Ireland) 1996, the Colours in Food Regulations (Northern Ireland) 1996 and the Miscellaneous Food Additives Regulations (Northern Ireland) 1996.

These Regulations provide for the execution and enforcement of Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives (OJ No. L354, 31.12.2008, p.16) (“the Regulation”) and give effect to Commission Directive 2009/10/EC amending Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners (OJ No. L44, 14.2.2009, p.62).

These Regulations prohibit—

the use in or on any food of any colour other than a permitted colour and the use of any permitted colour unless specified requirements are satisfied (the terms “colour” and “permitted colour” are defined in regulation 2(1)) (regulation 3) ;

the use for health marking and other marking of certain meat and meat products of colours other than certain permitted colours (regulation 4) ;

the use of a colour for the decorative colouring of eggshells or the marking of eggshells as provided for in a specified EU instrument other than a permitted colour (regulation 5) ;

of any colour for use in or on any food unless the colour is a permitted colour,

direct to consumers of any colour other than a specified permitted colour (the term “specified permitted colour” is defined in regulation 2(1)), or

of any food having in or on it any colour other than a permitted colour that has been used in or on the food without contravening specified provisions of these Regulations (regulation 6) ;

the use in or on any food of any miscellaneous additive other than a permitted miscellaneous additive (the terms “miscellaneous additive” and “permitted miscellaneous additive” are defined in regulation 2(1)) (regulation 8(1)) ;

subject to a specified EU provision, the use of a permitted miscellaneous additive listed elsewhere in the EU instrument in which that provision appears in or on a food listed in a specified part of that instrument (regulation 8(2));

subject to a specified EU provision in the case of the prohibition imposed by regulation 8(3), the use of certain permitted miscellaneous additives in or on specified foods unless specified requirements are satisfied (regulation 8(3), (4) and (5)) ;

the use of any miscellaneous additive primarily as a carrier or carrier solvent unless the additive is a permitted miscellaneous additive listed in a specified EU provision and its use complies with the restrictions, if any, mentioned in relation to the additive in that provision (the terms “carrier” and “carrier solvent” are defined in regulation 2(1)) (regulation 8(6)) ;

subject to a specified EU provision, the use of any permitted miscellaneous additive in or on food for infants or young children unless it is listed in a specified EU provision and it is used only in accordance with the conditions contained in that provision (the term “food for infants or young children” is defined in regulation 2(1)) (regulation 8(7)) ;

the use in or on any food for infants or young children of any relevant food additive in combination with a miscellaneous additive used primarily as a carrier or carrier solvent unless the miscellaneous food additive is listed in a specified EU provision and its presence in or on the food is in accordance with the conditions contained in that provision (the term “relevant food additive” is defined in regulation 2(1)) (regulation 8(8)) ;

the sale of any miscellaneous additive for use in or on food other than a permitted miscellaneous additive (regulation 9(1)) ;

the sale of any miscellaneous additive for use primarily as a carrier or carrier solvent unless the additive is a certain type of permitted miscellaneous additive (regulation 9(2)) ;

the sale direct to consumers of any miscellaneous additive other than a permitted miscellaneous additive (regulation 9(3));

the sale of any food having in or on it any miscellaneous additive other than a permitted miscellaneous additive which has been used or is present in or on the food without contravening specified provisions of these Regulations (regulation 9(4)) ;