European Communities (Food Additives Other Than Colours and Sweeteners) Regulations 2004
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Food Additives other than Colours and Sweeteners) Regulations 2004.
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paragraphs: (1) In these Regulations—
“acidity regulators” means substances which alter or control the acidity or alkalinity of a foodstuff;
“acids” means substances which increase the acidity of a foodstuff or impart a sour taste to it, or both;
“Act of 1998” means the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998);
“Annexes” means the Annexes to European Parliament and Council Directive No. 95/2/EC1 of 20 February 1995 on food additives other than colours and sweeteners 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, and Directive 2001/5/EC4 of the European Parliament and of the Council of 12 February 2001, and Directive 2003/52/EC5 of the European Parliament and of the Council of 18 June 2003, and cognate words shall be construed accordingly;
“anti-caking agents” means substances which reduce the tendency of individual particles of a foodstuff to adhere to one another;
“anti-foaming agents” means substances which prevent or reduce foaming;
“antioxidants” means substances which prolong the shelf-life of foodstuffs by protecting them against deterioration caused by oxidation, such as fat rancidity and colour changes;
“approved examiner” in these Regulations means—
(a) the Public Analyst,
(b) a Deputy Public Analyst, or
(c) an Executive Analytical Chemist,
located at an official laboratory;
“authorised officer” means an authorised officer appointed under section 49 of the Act of 1998;
“Authority” means the Food Safety Authority of Ireland, established under section 9 of the Act of 1998;
“bulking agents” means substances which contribute to the volume of a foodstuff without contributing significantly to its available energy value;
“carriers” (including carrier solvents) means substances used to dissolve, dilute, disperse or otherwise physically modify a food additive without altering its technological function (and without exerting any technological effect themselves) in order to facilitate its handling, application or use;
“Directive” means European Parliament and Council Directive No. 95/2/EC1 of 20 February 1995 on food additives other than colours and sweeteners 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, and Directive 2001/5/EC4 of the European Parliament and of the Council of 12 February 2001, and Directive 2003/52/EC5 of the European Parliament and of the Council of 18 June 2003;
“emulsifiers” means substances which make it possible to form or maintain a homogenous mixture of two or more immiscible phases such as oil and water in a foodstuff;
“emulsifying salts” means substances which convert proteins contained in cheese into a dispersed form and thereby bring about homogenous distribution of fat and other components;
“export” means exportation to a third country;
“firming agents” means substances which make or keep tissues of fruit or vegetables firm or crisp, or interact with gelling agents to produce or strengthen a gel;
“flavour enhancers” means substances which enhance the existing taste or odour, or both, of a foodstuff;
“flour treatment agents” means substances other than emulsifiers which are added to flour or dough to improve its baking quality;
“foaming agents” means substances which make it possible to form a homogenous dispersion of a gaseous phase in a liquid or solid foodstuff;
“food” or “foodstuff” means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be, ingested by humans;
“food” includes drink, chewing gum and any substance, including water, intentionally incorporated into the food during its manufacture, preparation or treatment. It includes water after the point of compliance as defined in Article 6 of Directive 98/83/EC6 and without prejudice to the requirements of Directives 80/778/EEC7 and 98/83/EC6 ;
“food” shall not include—
(a) feed,
(b) live animals unless they are prepared for placing on the market for human consumption,
(c) plants prior to harvesting,
(d) medicinal products within the meaning of Council Directives 65/65/EEC8 and 92/73/EEC9 ,
(e) cosmetics within the meaning of Council Directive 76/768/EEC10 ,
(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC11 ,
(g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971, or
(h) residues and contaminants;
“food additives” excludes the following—
(a) substances used for treatment of drinking water as provided for in Directive 80/778/EEC7 ,
(b) products containing pectin and derived from dried apple pomace or peel of citrus fruits, or from a mixture of both, by the action of dilute acid followed by partial neutralization with sodium or potassium salts ('liquid pectin'),
(c) chewing gum bases,
(d) white or yellow dextrin, roasted or dextrinated starch, starch modified by acid or alkali treatment, bleached starch, physically modified starch and starch treated by amylolytic enzymes,
(e) ammonium chloride,
(f) blood plasma, edible gelatin, protein hydrolysates and their salts, milk protein and gluten,
(g) amino acids and their salts other than glutamic acid, glycine, cysteine and cystine and their salts and having no additive function,
(h) caseinates and casein, and
(i) inulin;
“gelling agents” means substances which give a foodstuff texture through formation of a gel;
“glazing agents” (including lubricants) means substances which, when applied to the external surface of a foodstuff, impart a shiny appearance or provide a protective coating;
“humectants” means substances which prevent foodstuffs from drying out by counteracting the effect of an atmosphere having a low degree of humidity, or promote the dissolution of a powder in an aqueous medium;
“import” means importation from a country other than a Member State, except in the context of paragraphs (6) and (7) of Regulation 3 where “import” means importation from a Member State into a third country;
“manufacture” includes the production and processing of food, other than primary production for private domestic use and domestic preparation, handling and storage of food for private domestic consumption, and cognate words shall be construed accordingly;
“Member State” means a Member State of the European Community and shall be construed as including reference to those States that are Contracting Parties to the EEA Agreement;
“modified starches” means substances obtained by one or more chemical treatments of edible starches, which may have undergone a physical or enzymatic treatment and may be acid or alkali thinned or bleached;
“official agency” means an official agency carrying out functions under a service contract and acting on behalf of the Authority pursuant to section 48 of the Act of 1998;
“official laboratory” in these Regulations means—
(a) the Public Analyst's Laboratory, Cork,
(b) the Public Analyst's Laboratory, Dublin, or
(c) the Public Analyst's Laboratory, Galway;
“packaging gases” means gases other than air, introduced into a container before, during or after the placing of a foodstuff in that container;
“place on the market” means—
(a) import,
(b) sell,
(c) offer or expose for sale,
(d) invite the making by a person of an offer to purchase,
(e) distribute free of charge,
(f) supply for any of those purposes (whether or not for profit),
and cognate words shall be construed accordingly;
“preservatives” means substances which prolong the shelf-life of foodstuffs by protecting them against deterioration caused by micro-organisms;
“propellants” means gases other than air which expel a foodstuff from a container;
“raising agents” means substances or combinations of substances which liberate gas and thereby increase the volume of a dough or a batter;
“sequestrants” means substances which form chemical complexes with metallic ions;
“service contract” means a contract entered into between the Authority and an official agency pursuant to section 48 of the Act of 1998;
“stabilisers” means substances which make it possible to maintain the physico-chemical state of a foodstuff, and includes substances which enable the maintenance of a homogenous dispersion of two or more immiscible substances in a foodstuff and includes also substances which stabilize, retain or intensify an existing colour of a foodstuff;
“thickeners” means substances which increase the viscosity of a foodstuff;
“third country” means a country which is not a Member State;
“unprocessed” means not having undergone any treatment resulting in a substantial change in the original state of the foodstuffs; however, the foodstuffs may have been, for example, divided, parted, severed, boned, minced, skinned, pared, peeled, ground, cut, cleaned, trimmed, deep-frozen or frozen, chilled, milled or husked, packed or unpacked.
(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 as 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 Regulations 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.