Statutory Instruments
1997 No. 814
FOOD
The Sweeteners in Food (Amendment) Regulations 1997
Made
13th March 1997
Laid before Parliament
14th March 1997
Coming into force
14th April 1997
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1)(a), 17(1), 26(1) and 48(1) of the Food Safety Act 1990(1) and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of that Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the following Regulations:
Title, commencement and interpretation
1.—(1) These Regulations may be cited as the Sweeteners in Food (Amendment) Regulations 1997 and shall come into force on 14th April 1997.
(2) In these Regulations “the principal Regulations” means the Sweeteners in Food Regulations 1995(2).
Amendment of the principal Regulations
2. The principal Regulations shall be amended as follows—
(a)in paragraph (1) of regulation 2 (interpretation)—
(i)in the definition of “Directive 94/35/EC” after the word “foodstuffs” there shall be inserted the words “, as amended by Directive 96/83/EC of the European Parliament and of the Council(3)”;
(ii)after the definition of “permitted sweetener” there shall be inserted the following—
““relevant compound foods” means compound foods with no added sugar or energy-re duced, compound dietary foods intended for a low-calorie diet and compound foods with a long shelf life;”;
(b)in regulation 3 (sale and use of sweeteners)—
(i)in paragraphs (2) and (3) the words “and regulation 5A” shall be inserted after the word “below”; and
(ii)in paragraph (4) after the word “uses” there shall be inserted the words “(including any food for infants and young children not in good health)”;
(c)at the beginning of regulation 5 (sale of food containing sweeteners) the words “Subject to regulation 5A,” shall be inserted;
(d)after regulation 5 there shall be inserted the following—
“Compound foods
5A.—(1) Where a permitted sweetener is present in or on a relevant compound food and that relevant compound food contains, as an ingredient, a food in or on which that sweetener was or could have been used without contravening any of the provisions of paragraph (2) or (3) of regulation 3, that sweetener shall, for the purposes of those paragraphs and regulation 5, be deemed to have been used in or on that relevant compound food without contravening any of the provisions of those paragraphs.
(2) The use in or on a food of any permitted sweetener shall not constitute a contravention of paragraph (2) or (3) of regulation 3 if that food is destined to be used solely in the preparation of a compound food which complies with those paragraphs and sale of the food in or on which the permitted sweetener was used shall not constitute a contravention of regulation 5.”;
(e)in regulation 11 (transitional provision and exemption)—
(i)after paragraph (1) there shall be inserted the following—
“(1A) In any proceedings for an offence under these Regulations which allege a contravention of regulation 3(1), 4 or 5 it shall be a defence to prove that—
(a)the act—
(i)was committed before 19th June 1998, or
(ii)was that of selling a sweetener or food which, in either case, was put on the market or labelled before 19th June 1998; and
(b)the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by the Sweeteners in Food (Amendment) Regulations 1997 had not been made when the act was committed or, as the case may be, the food was put on the market or labelled.”;
(ii)for paragraph (2) there shall be substituted the following—
“(2) These Regulations shall not apply in respect of any sweetener or, as the case may be, food which is brought into Great Britain having been lawfully put on the market or labelled in another member State before 30th June 1996.”; and
(iii)paragraph (3) shall be deleted; and
(f)the contents of the Schedule to these Regulations shall be substituted for Schedule 1.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th March 1997
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
13th March 1997
Signed by authority of the Secretary of State for Wales:
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
12th March 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
13th March 1997
Regulation 2(f)
SCHEDULE
Regulations 2(1) and (3) and 3(3)
“SCHEDULE 1PERMITTED SWEETENERS AND THE FOODS IN OR ON WHICH THEY MAY BE USED
Column 1
Column 2
Column 3
Column 4
EC No.
Permitted sweetener
Foods in or on which permitted sweeteners may be used
Maximum usable dose
{
{
Desserts and similar products
Water-based flavoured desserts, energy-reduced or with no added sugar
Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar
}
}
E 420
Sorbitol
(i)
Sorbitol
(ii)
Sorbitol syrup {
Fruit- and vegetable-based desserts, energy-reduced or with no added sugar
}
E 421
Mannitol {
Egg-based desserts, energy-reduced or with no added sugar
}
E 953
Isomalt {
Cereal-based desserts, energy-reduced or with no added sugar
}
E 965
Maltitol
(i)
Maltitol
(ii)
Maltitol syrup {
Breakfast cereals or cereal-based products, energy-reduced or with no added sugar
}
E 966
Lactitol {
Fat-based desserts, energy-reduced or with no added sugar
} quantum satis
E 967
Xylitol {
Edible ices, energy-reduced or with no added sugar
Jams, jellies, marmalades and crystallised fruit, energy-reduced or with no added sugar
Fruit preparations, energy-reduced or with no added sugar, with the exception of those intended for the manufacture of fruit-juice-based drinks
Confectionery
Confectionery with no added sugar
Dried-fruit-based confectionery, energy-reduced or with no added sugar
Starch-based confectionery, energy-reduced or with no added sugar
Chewing gum with no added sugar
Miscellaneous
Cocoa-based products, energy-reduced or with no added sugar
}
E 420
E 421
{
Cocoa-, milk-, dried fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar
}
E 953
E 965
E 966
{
Sauces
} quantum satis
{
Mustard
}
E 967 (cont'd)
{
Fine bakery products, energy-reduced or with no added sugar
Products intended for particular nutritional uses
Solid food supplements/dietary integrators
}
E 950
Acesulfame K
Non-alcoholic drinks
Water-based flavoured drinks, energy-reduced or with no added sugar
350 mg/l
Milk- and milk-derivative- based or fruit-juice-based drinks, energy-reduced or with no added sugar
350 mg/l
Desserts and similar products
Water-based flavoured desserts, energy-reduced or with no added sugar
350 mg/ kg
Milk- and milk-derivative- based preparations, energy- reduced or with no added sugar
350 mg/ kg
Fruit- and vegetable-based desserts, energy-reduced or with no added sugar
350 mg/ kg
Egg-based desserts, energy-reduced or with no added sugar
350 mg/ kg
Cereal-based desserts, energy-reduced or with no added sugar
350 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
1200 mg/ kg
Fat-based desserts, energy-reduced or with no added sugar
350 mg/ kg
Confectionery
Confectionery with no added sugar
500 mg/ kg
Breath-freshening micro-sweets, with no added sugar
2500 mg/ kg
Energy-reduced tablet-form confectionery
500 mg/ kg
Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar
500 mg/ kg
Starch-based confectionery, energy-reduced or with no added sugar
1000 mg/ kg
Chewing gum with no added sugar
2000 mg/ kg
Miscellaneous
“Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts
350 mg/ kg
Cornets and wafers, for ice-cream, with no added sugar
2000 mg/ kg
Essoblaten
2000 mg/ kg
Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar
1000 mg/ kg
Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine
350 mg/l
Cider and perry
350 mg/l
Alcohol-free beer or with an alcohol content not exceeding 1.2% vol
350 mg/l
“Bière de table/Tafelbier/ Table beer”(original wort content less than 6%) except for “Obergäriges Einfachbier”
350 mg/l
Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH
350 mg/l
Brown beers of the “oud bruin” type
350 mg/l
Energy-reduced beer
25 mg/l
Spirit drinks containing less than 15% alcohol by volume
350 mg/ kg
Edible ices, energy-reduced or with no added sugar
800 mg/ kg
Canned or bottled fruit, energy-reduced or with no added sugar
350 mg/ kg
Energy-reduced jams, jellies and marmalades
1000 mg/ kg
Energy-reduced fruit and vegetable preparations
350 mg/ kg
Feinkostsalat
350 mg/ kg
Sweet—sour preserves of fruit and vegetables
200 mg/ kg
Sweet—sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs
200 mg/ kg
Sauces
350 mg/ kg
Energy-reduced soups
110 mg/l
Mustard
350 mg/ kg
Fine bakery products for special nutritional uses
1000 mg/ kg
Complete formulae for weight control intended to replace total daily food intake or an individual meal
450 mg/ kg
Complete formulae and nutritional supplements for use under medical supervision
450 mg/ kg
Liquid food supplements/dietary integrators
350 mg/l
Solid food supplements/dietary integrators
500 mg/ kg
Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable
2000 mg/ kg
E 951
Aspartame
Non-alcoholic drinks
Water-based flavoured drinks, energy-reduced or with no added sugar
600 mg/l
Milk- and milk-derivative-based or fruit juice-based drinks, energy-reduced or with no added sugar
600 mg/l
Desserts and similar products
Water-based flavoured desserts, energy-reduced or with no added sugar
1000 mg/ kg
Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar
1000 mg/ kg
Fruit- and vegetable-based desserts, energy-reduced or with no added sugar
1000 mg/ kg
Egg-based desserts, energy-reduced or with no added sugar
1000 mg/ kg
Cereal-based desserts, energy-reduced or with no added sugar
1000 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
1000 mg/ kg
Fat-based desserts, energy-reduced or with no added sugar
1000 mg/ kg
Confectionery
Confectionery with no added sugar
1000 mg/ kg
Breath freshening micro-sweets, with no added sugar
6000 mg/ kg
Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar
2000 mg/ kg
Starch-based confectionery, energy-reduced or with no added sugar
2000 mg/ kg
Chewing gum with no added sugar
5500 mg/ kg
Strongly flavoured freshening throat pastilles with no added sugar
2000 mg/ kg
Miscellaneous
“Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts
500 mg/ kg
Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar
1000 mg/ kg
Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine
600 mg/l
Cider and perry
600 mg/l
Alcohol-free beer or with an alcohol content not exceeding 1.2% vol
600 mg/l
“—Bière de table/Tafelbier/Table beer”(original wort content less than 6%) except for “Obergäriges Einfachbier”
600 mg/l
Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH
600 mg/l
Brown beers of the “oud bruin” type
600 mg/l
Energy-reduced beer
25 mg/l
Spirit drinks containing less than 15% alcohol by volume
600 mg/ kg
Edible ices, energy-reduced or with no added sugar
800 mg/ kg
Canned or bottled fruit, energy-reduced or with no added sugar
1000 mg/ kg
Energy-reduced jams, jellies and marmalades
1000 mg/ kg
Energy-reduced fruit and vegetable preparations
1000 mg/ kg
Feinkostsalat
350 mg/ kg
Sweet—sour preserves of fruit and vegetables
300 mg/ kg
Sweet—sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs
300 mg/ kg
Sauces
350 mg/ kg
Energy-reduced soups
110 mg/l
Mustard
350 mg/ kg
Fine bakery products for special nutritional uses
1700 mg/ kg
Complete formulae for weight control intended to replace total daily food intake or an individual meal
800 mg/ kg
Complete formulae and nutritional supplements for use under medical supervision
1000 mg/ kg
Liquid food supplements/dietary integrators
600 mg/ kg
Solid food supplements/dietary integrators
2000 mg/ kg
Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable
5500 mg/ kg
E 952
Cyclamic acid and its Na and Ca salts(4)
Non-alcoholic drinks
Water-based flavoured drinks, energy-reduced or with no added sugar
400 mg/l
Milk- and milk-derivative-based or fruit juice-based drinks, energy-reduced or with no added sugar
400 mg/l
Desserts and similar products
Water-based flavoured desserts, energy-reduced or with no added sugar
250 mg/ kg
Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar
250 mg/ kg
Fruit- and vegetable-based desserts, energy-reduced or with no added sugar
250 mg/ kg
Egg-based desserts, energy-reduced or with no added sugar
250 mg/ kg
Cereal-based desserts, energy-reduced or with no added sugar
250 mg/ kg
Fat-based desserts, energy-reduced or with no added sugar
250 mg/ kg
Confectionery
Confectionery with no added sugar
500 mg/ kg
Breath freshening micro-sweets, with no added sugar
2500 mg/ kg
Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar
500 mg/ kg
Starch-based confectionery, energy-reduced or with no added sugar
500 mg/ kg
Chewing gum with no added sugar
1500 mg/ kg
Miscellaneous
Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar
500 mg/ kg
Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine
250 mg/l
Edible ices, energy-reduced or with no added sugar
250 mg/ kg
Canned or bottled fruit, energy-reduced or with no added sugar
1000 mg/ kg
Energy-reduced jams, jellies and marmalades
1000 mg/ kg
Energy-reduced fruit and vegetable preparations
250 mg/ kg
Fine bakery products for special nutritional uses
1600 mg/ kg
Complete formulae for weight control intended to replace total daily food intake or an individual meal
400 mg/ kg
Complete formulae and nutritional supplements for use under medical supervision
400 mg/ kg
Liquid food supplements/dietary integrators
400 mg/ kg
Solid food supplements/dietary integrators
500 mg/ kg
Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable
1250 mg/ kg
E 954
Saccharin and its Na, K and Ca salts(5)
Non-alcoholic drinks
Water-based flavoured drinks, energy-reduced or with no added sugar
80 mg/l
Milk- and milk-derivative-based or fruit juice-based drinks, energy-reduced or with no added sugar
80 mg/l
“Gaseosa”: non-alcoholic water-based drink with added carbon dioxide, sweeteners and flavourings
100 mg/l
Desserts and similar products
Water-based flavoured desserts, energy-reduced or with no added sugar
100 mg/ kg
Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar
100 mg/ kg
Fruit- and vegetable-based desserts, energy-reduced or with no added sugar
100 mg/ kg
Egg- based desserts, energy-reduced or with no added sugar
100 mg/ kg
Cereal-based desserts, energy-reduced or with no added sugar
100 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
100 mg/ kg
Fat-based desserts, energy-reduced or with no added sugar
100 mg/ kg
Confectionery
Confectionery with no added sugar
500 mg/ kg
Breath freshening micro-sweets, with no added sugar
3000 mg/ kg
Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar
500 mg/ kg
Starch-based confectionery, energy-reduced or with no added sugar
300 mg/ kg
Chewing gum with no added sugar
1200 mg/ kg
Miscellaneous
“Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts
100 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
200 mg/ kg
Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine
80 mg/l
Cider and perry
80 mg/l
Alcohol-free beer or with an alcohol content not exceeding 1.2% vol
80 mg/l
“Bière de table/Tafelbier/ Table beer”(original wort content less than 6%) except for “Obergäriges Einfachbier”
80 mg/ l
Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH
80 mg/l
Brown beers of the “oud bruin” type
80 mg/l
Spirit drinks containing less than 15% alcohol by volume
80 mg/ kg
Edible ices, energy-reduced or with no added sugar
100 mg/ kg
Canned or bottled fruit, energy-reduced or with no added sugar
200 mg/ kg
Energy-reduced jams, jellies and marmalades
200 mg/ kg
Energy-reduced fruit and vegetable preparations
200 mg/ kg
Feinkostsalat
160 mg/ kg
Sweet—sour preserves of fruit and vegetables
160 mg/ kg
Sweet—sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs
160 mg/ kg
Sauces
160 mg/ kg
Energy-reduced soups
110 mg/l
Mustard
320 mg/ kg
Fine bakery products for special nutritional uses
170 mg/ kg
Complete formulae for weight control intended to replace total daily food intake or an individual meal
240 mg/ kg
Complete formulae and nutritional supplements for use under medical supervision
200 mg/ kg
Liquid food supplements/dietary integrators
80 mg/ kg
Solid food supplements/dietary integrators
500 mg/ kg
Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable
1200 mg/ kg
E 957
Thaumatin
Confectionery
Confectionery with no added sugar
50 mg/ kg
Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar
50 mg/ kg
Chewing gum with no added sugar
50 mg/ kg
Miscellaneous
Edible ices, energy-reduced or with no added sugar
50 mg/ kg
Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable
400 mg/kg
E 959
Neohesperidine DC
Non-alcoholic drinks
Water-based flavoured drinks,energy-reduced or with no added sugar
30 mg/l
Milk- and milk-derivative-based drinks, energy-reduced or with no added sugar
50 mg/l
Fruit-juice-based drinks, energy-reduced or with no added sugar
30 mg/l
Desserts and similar products
Water-based flavoured desserts, energy-reduced or with no added sugar
50 mg/ kg
Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar
50 mg/ kg
Fruit- and vegetable-based desserts, energy-reduced or with no added sugar
50 mg/ kg
Egg-based desserts, energy-reduced or with no added sugar
50 mg/ kg
Cereal-based desserts, energy-reduced or with no added sugar
50 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
50 mg/ kg
Fat-based desserts, energy-reduced or with no added sugar
50 mg/ kg
Confectionery
Confectionery with no added sugar
100 mg/ kg
Breath freshening micro-sweets, with no added sugar
400 mg/ kg
Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar
100 mg/ kg
Starch-based confectionery, energy-reduced or with no added sugar
150 mg/ kg
Chewing gum with no added sugar
400 mg/ kg
Miscellaneous
“Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts
50 mg/ kg
Cornets and wafers, for ice-cream, with no added sugar
50 mg/ kg
Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar
50 mg/ kg
Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine
30 mg/l
Cider and perry
20 mg/l
Alcohol-free beer or with an alcohol content not exceeding 1.2% vol
10 mg/l
“Bière de table/Tafelbier/ Table beer”(original wort content less than 6%) except for “Obergäriges Einfachbier”
10 mg/l
Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH
10 mg/l
Brown beers of the “oud bruin” type
10 mg/l
Energy-reduced beer
10 mg/ kg
Spirit drinks containing less than 15% alcohol by volume
30 mg/ kg
Edible ices, energy-reduced or with no added sugar
50 mg/ kg
Canned or bottled fruit, energy-reduced or with no added sugar
50 mg/ kg
Energy-reduced jams, jellies and marmalades
50 mg/ kg
Sweet—sour preserves of fruit and vegetables
100 mg/ kg
Energy-reduced fruit and vegetable preparations
50 mg/ kg
Feinkostsalat
50 mg/ kg
Sweet—sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs
30 mg/ kg
Sauces
50 mg/ kg
Energy-reduced soups
50 mg/l
Mustard
50 mg/ kg
Fine bakery products for special nutritional uses
150 mg/ kg
Complete formulae for weight control intended to replace total daily food intake or an individual meal
100 mg/ kg
Complete formulae and nutritional supplements for use under medical supervision
100 mg/ kg
Liquid food supplements/dietary integrators
50 mg/ kg
Solid food supplements/dietary integrators
100 mg/ kg
Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable
400 mg/ kg”
Explanatory Note
(This note is not part of the Regulations)
These Regulations, which apply to Great Britain, come into force on 14th April 1997.
The Regulations amend the Sweeteners in Food Regulations 1995 (“the principal Regulations”) in implementation of Directive 96/83/EC of the European Parliament and of the Council (OJ No. L48, 19.2.97, p. 16) amending Directive 94/35/EC (OJ No. L237, 10.9.94, p. 3) on sweeteners for use in foodstuffs.
The Regulations—
(a)amend regulation 2 of the principal Regulations to include in the definition of “Directive 94/35/EC” a reference to Directive 96/83/EC and to add a definition of “relevant compound foods”(regulation 2(a));
(b)insert regulation 5A (compound foods) in the principal Regulations and make other amendments to those Regulations in consequence thereof (regulation 2(b)(i), (c) and (d));
(c)amend regulation 3 of the principal Regulations to provide that paragraph (4) applies to food for infants and young children not in good health (regulation 2(b)(ii));
(d)amend regulation 11 of the principal Regulations to provide, for a transitional period, a defence in relation to acts which would have been in compliance with the principal Regulations before amendment by these Regulations and to exempt, in accordance with specified conditions, sweeteners and food from other member States (regulation 2(e)); and
(e)incorporate into Schedule 1 to the principal Regulations the permitted sweeteners, foods listed in relation thereto and maximum usable dose for each such sweetener contained in the Annex to Directive 96/83/EC (regulation 2(f)).
(1)
1990 c. 16; “the Ministers” is defined in section 4(1) of the Act.
(2)
S.I. 1995/3123; relevant amending instrument is S.I. 1996/1477.
(3)
OJ No. L48, 19.2.97, p. 16.
(4)
The maximum usable doses for cyclamic acid and its Na and Ca salts are expressed in terms of the free acid.
(5)
The maximum usable doses for saccharin and its Na, K and Ca salts are expressed in terms of the free imide.
