# The Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013

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N.I.

Statutory Rules of Northern Ireland

# 2013 No. 220

Food

# The Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013

Made

11th September 2013

Coming into operation

31st October 2013

The Department of Health, Social Services and Public Safety F1 makes the following Regulations in exercise of the powers conferred by Articles 15(1)(a), (e) and (f), 16(1) and (2), 25(1),                           (2)(e) and (f) and (3), and 47(2) of the Food Safety (Northern Ireland) Order 1991 F2, as read with paragraph 1A of Schedule 2 to the European Communities Act 1972 F3.                        

In accordance with Article 47(3A) of the Food Safety (Northern Ireland) Order 1991, it has had regard to relevant advice given                           by the Food Standards Agency.                        

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears                           to the Department of Health, Social Services and Public Safety that it is expedient for any reference to an Article of or                           an Annex to any of the EU instruments specified in regulation 2(4) to be construed as a reference to that Article or that Annex as amended from time                           to time.                        

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing                           the European Food Safety Authority and laying down procedures in matters of food safety F4, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.                        

F1Formerly the Department of Health and Social Services: see S.I. 1999/283 (N.I.1) Article 3(6)

F2S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), **paragraphs 26 to 42** of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R.2004 Nos.482 and 505

F31972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51) and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (2008 c.7)

F4OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No. 596/2009 of the European Parliament                              and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the treaty to Council                              Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny                              – Part Four (OJ No. L188, 18.7.2009, p14)

## **PART 1**N.I.Introductory

### Citation and commencementN.I.

1.  These Regulations may be cited as the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland)                     2013 and come into operation on 31st October 2013.                  

### InterpretationN.I.

2.—(1) In these Regulations —                  

“Directive 2009/32” means Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents                     used in the production of foodstuffs and food ingredients F5;                  

“Regulation 2065/2003” means Regulation (EC) No 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods F6;                  

“Regulation 1332/2008” means Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes F7;                  

“Regulation 1333/2008” means Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives F8, as read with —                  

Commission Regulation (EU) No 1129/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives F9,                           

Commission Regulation (EU) No 1130/2011 amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives by establishing a Union list of food additives for use in                              food additives, food enzymes, food flavourings and nutrients F10, and                           

Commission Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation                              (EC) No 1333/2008 of the European Parliament and of the Council F11;                           

“Regulation 1334/2008” means Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for                     use in and on foods F12, as read with Commission Regulation (EU) No 873/2012 on transitional measures concerning the Union list of flavourings and                     source materials set out in Annex I to Regulation (EC) 1334/2008 of the European Parliament and of the Council F13;                  

“the EU Regulations” means Regulation 2065/2003, Regulation 1332/2008, Regulation 1333/2008 and Regulation 1334/2008; and                  

“the Order” means the Food Safety (Northern Ireland) Order 1991.                  

(2) Other expressions used in these Regulations and in the EU instruments listed in paragraph (4) have the same meaning in these                     Regulations as they do in those instruments.                  

(3) Any reference in these Regulations to an Article of or Annex to any of the EU instruments listed in paragraph (4) is a reference                     to that Article or Annex as amended from time to time.                  

(4) The EU instruments are Directive 2009/32, Regulation 2065/2003, Regulation (EC) No 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes                     and food flavourings F14, Regulation 1332/2008, Regulation 1333/2008 and Regulation 1334/2008.                  

(5) The Interpretation Act (Northern Ireland) 1954 F15 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.                  

F5OJ No. L141, 6.6.2009, p.3. This instrument was last amended by Commission Directive 2010/59/EU (OJ No. L225, 27.8.2010, p.10)

F6OJ No. L309, 26.11.2003, p.1. This instrument was last amended by Regulation (EC) No. 596/2009 of the European Parliament                              and of the Council (OJ No. L188, 18.7.2009, p.14)

F7OJ No. L354, 31.12.2008, p.7. This instrument was last amended by Commission Regulation (EU) No 1056/2012 (OJ No. L313, 13.11.2012,                              p.9)

F8OJ No. L354, 31.12.2008, p.16. This instrument was last amended by Commission Regulation (EU) No. 739/2013 (OJ No. L204, 31.7.2013,                              p.35)

F9OJ No. L295, 12.11.2011, p.1

F10OJ No. L295, 12.11.2011, p.178

F11OJ No. L83, 22.3.2012, p.1. This instrument was last amended by Commission Regulation (EU) No. 497/2013 (OJ No. L143, 30.5.2013,                              p.20)

F12OJ No. L354, 31.12.2008, p.34. This instrument was last amended by Commission Regulation (EU) No 545/2013 (OJ No. L163, 15.06.2013,                              p.15)

F13OJ No. L267, 2.10.2012, p.162

F14OJ No. L354, 31.12.2008, p.1. This instrument is implemented by Commission Regulation (EU) No. 234/2011 (OJ No. L64, 11.03.2011,                              p.15) and that Regulation has been amended by Commission Implementing Regulation (EU) No. 562/2012 (OJ No. L168, 28.06.2012,                              p.21)

F151954 c. 33 (N.I.)

## **PART 2**N.I.Food additives, flavourings and enzymes

### Offence of contravening EU requirements on food additivesN.I.

3.  Any person who contravenes, or who uses or places on the market a product that fails to comply with, any of the provisions                     of Regulation 1333/2008 specified in the first column of Table 1 of Schedule 1, as read with transitional measures contained                     in or to be read with that Regulation, commits an offence.                  

### Offence of contravening EU requirements on flavourings, including smoke flavouringsN.I.

4.  Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions                     of Regulation 1334/2008 specified in the first column of Table 1 of Schedule 2, as read with Article 4 (flavouring substances                     under evaluation) of Commission Implementing Regulation (EU) No 872/2012 adopting the list of flavouring substances provided                     for by Regulation (EC) No 2232/96 of the European Parliament and of the Council F16 and with transitional measures contained in or to be read with Regulation 1334/2008, commits an offence.                  

F16OJ No. L267, 2.10.2012, p.1

### 

5.  Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions                     of Regulation 2065/2003 specified in the first column of Table 1 of Schedule 3, as read with Article 20 (transitional measures),                     commits an offence.                  

### Offence of contravening EU requirements on food enzymesN.I.

6.  Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions                     of Regulation 1332/2008 specified in the first column of Table 1 of Schedule 4, as read with Articles 18 and 24 (transitional                     measures), commits an offence.                  

### Improvement notice – application of Article 9 of the OrderN.I.

7.—(1) Article 9 of the Order (improvement notices) applies for the purposes of these Regulations with the following modifications.                  

(2) For paragraph (1), substitute—

“(1)If an authorised officer has reasonable grounds for believing that a person is failing to comply with a provision of the Food                        Additives, Flavourings. Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013 specified in paragraph (1A), the                        authorised officer may, by a notice served on that person (an “improvement notice”)—                  

(a)state the officer's grounds for believing that the person is failing to comply with the relevant provision;                  

(b)specify the matters which constitute the person's failure so to comply;                  

(c)specify the measures which, in the officer's opinion, the person must take in order to secure compliance; and                  

(d)require the person to take those measures, or measures that are at least equivalent to them, within such period as may be                           specified in the notice.                  

(1A)The provisions are-                  

(a)Regulation 13(2); and                  

(b)any EU provision specified in the first column of Table 2 of Schedule 1, 2, 3 or 4.”.                  

(3) Omit paragraph (3).

### Appeals against an improvement noticeN.I.

8.—(1) Article 37 of the Order applies for the purposes of these Regulations as modified by paragraphs (2) and (3).                  

(2) For paragraph (1) substitute—

“(1)Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under Article 9(1) as applied                        and modified by regulation 7 of the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland)                        2013 may appeal to a court of summary jurisdiction”.                  

(3) In paragraph (2A)(b) for “(1)(a)” substitute “ (1) as applied by regulation 8 of the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern                        Ireland) 2013; ”.                  

(4) Article 38 of the Order applies for the purposes of these Regulations with the modification that in paragraph (1) and (2)                     “ as applied by regulation 7 of the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland)                        2013 ” is inserted after “improvement notice”.                  

## **PART 3**N.I.Extraction solvents

### Controls on extraction solventsN.I.

9.  In this Part any reference to a numbered Article or Annex is a reference to that Article of or Annex to Directive 2009/32.                  

### 

10.  The provisions of this Part do not apply to any extraction solvent —                  

(a)used in the production of any food additives, vitamins or any other nutritional additives, unless such food additives, vitamins                        or other nutritional additives are listed in Annex I; or                  

(b)intended for export outside the European Union.                  

### 

11.  In this Part “permitted extraction solvent” means —                  

(a)an extraction solvent that —                  

(i)is listed in Annex I,                  

(ii)is used in accordance with the conditions of use and within any maximum residue limits specified in that Annex,                  

(iii)does not contain a toxicologically dangerous amount of any element or substance,                  

(iv)subject to any exceptions deriving from specific purity criteria, does not contain more than 1 mg/kg of arsenic or more than 1 mg/kg lead, and                  

(v)meets the requirements of Article 3(c) as regards purity criteria; or                  

(b)water to which substances regulating acidity or alkalinity may have been added; or                  

(c)food substances which possess solvent properties.                  

### 

12.  A person must not use as an extraction solvent in the production of food any extraction solvent that is not a permitted extraction                     solvent.                  

### 

13.—(1) A person must not place on the market —                  

(a)an extraction solvent that is not a permitted extraction solvent, or                  

(b)any food having in it or on it an added extraction solvent that is not a permitted extraction solvent.                  

(2) A person must not place on the market an extraction solvent that does not meet the requirements of regulation 14.

### 

14.—(1) Subject to paragraph (2), the following information must appear on the packaging, container or label —                  

(a)the commercial name as indicted in Annex I;                  

(b)a clear indication that the material is of a quality suitable for use for the extraction of food or food ingredients;                  

(c)a reference by which the batch or lot may be identified;                  

(d)the name or business name and address of the manufacturer or packer or of a seller established in the territory of the EU;                  

(e)the net quantity given as units of volume; and                  

(f)if necessary, the special storage conditions or conditions of use.                  

(2) The particulars specified in paragraph 1(c), (d), (e) and (f) may alternatively appear on the trade documents relating to                     the batch or lot which are to be supplied with, or prior to, the delivery.                  

(3) The information specified in paragraph (1) must be easily visible, clearly legible and indelible.

(4) The information specified in paragraph (1) may be provided in more than one language, but at least one of those languages                     must be easily understood by the purchaser unless other measures have been taken to ensure that the purchaser is informed                     of the specified information.                  

## **PART 4**N.I.Administration and enforcement

### Competent authoritiesN.I.

15.  The competent authority for the purpose of Article 7 of Regulation 2065/2003 is the Food Standards Agency.                  

### Enforcement authoritiesN.I.

16.  It is the duty of each district council within its district to execute and enforce these Regulations and the EU Regulations.                  

### Offences and penaltiesN.I.

17.—(1) Any person who contravenes regulation 12 or 13(1) commits an offence.                  

(2) Any person guilty of an offence under regulation 3, 4, 5, 6, or 17(1) is liable on summary conviction to a fine not exceeding                     level 5 on the standard scale.                  

### Condemnation of foodN.I.

18.  Where any food is certified by a food analyst as being food which it is an offence to place on the market, that food shall                     be treated for the purposes of Article 8 of the Order (under which food may be seized and destroyed under an order of a justice                     of the peace) as failing to comply with food safety requirements.                  

### Application of various Articles of the Food Safety (Northern Ireland) Order 1991N.I.

19.  The provisions of the Order specified in column 1 of Schedule 5 apply, with the modifications specified in column 2 of that                     Part for the purposes of these Regulations.                  

## **PART 5**N.I.General

### Consequential and other amendmentsN.I.

20.  In regulation 2(1) (interpretation) of the Food Labelling Regulations (Northern Ireland) 1996 F17, in the definition of “the additives regulations” omit the expression “the Food Additives Regulations (Northern Ireland)                     1999”.                  

F17S.R. 1996 No. 383. Relevant amending rules are S.R. 2010 No. 414 and S.R. 2012 No. 384

### RevocationsN.I.

21.  The rules listed in the first column of Schedule 6 are revoked to the extent specified in the second column.                  

Sealed with the official seal of the Department of Health, Social Services and Public Safety on 11th September 2013.

L.S.

Andrew McCormick

 A senior officer of the

Department of Health, Social Services and Public Safety

 Regulations 3 and 7

## SCHEDULE 1N.I.Specified provisions of Regulation 1333/2008

### Table 1

### Table 2

 Regulations 4 and 7

## SCHEDULE 2N.I.Specified provisions of Regulation 1334/2008

### Table 1

### Table 2

 Regulations 5 and 7

## SCHEDULE 3N.I.Specified provisions of Regulation 2065/2003

### Table 1

### Table 2

 Regulations 6 and 7

## SCHEDULE 4N.I.Specified provisions of Regulation 1332/2008

### Table 1

### Table 2

 Regulation 19

## SCHEDULE 5N.I.Application and modification of other provisions of the Order

 Regulation 21

## SCHEDULE 6N.I.Revocations

## Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the execution and enforcement of the following EU Regulations —

Regulation (EC) No 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods (OJ No. L309, 26.11.2003, p.1);                              

Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes (OJ No. L354, 31.12.2008, p.7);                              

Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives (OJ No. L354, 31.12.2008, p.16);                              

Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for                                 use in and on foods (OJ No. L354, 31.12.2008, p.34).                              

These Regulations also implement Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents                        used in the production of foodstuffs and food ingredients (OJ No. L141, 6.6.2009, p.3).                     

These Regulations revoke, in whole or in part, the following Regulations —

The Extraction Solvents in Food Regulations (Northern Ireland) 1993 (S.R. 1993 No. 330);

The Smoke Flavourings Regulations (Northern Ireland) 2005 (S.R. 2005 No. 76);

The Food (Suspension of the Use of E128 Red 2G Food Colour) Regulations (Northern Ireland) 2007 (S.R. 2007 No. 352);

The Food Enzymes Regulations (Northern Ireland) 2009 (S.R. 2009 No. 415);

The Food Additives Regulations (Northern Ireland) 2009 (S.R. 2009 No. 416);

The Flavourings in Food Regulations (Northern Ireland) 2010 (S.R. 2010 No. 414).

These Regulations, in Part 2, provide that it is an offence, subject to any applicable transitional arrangements, to contravene                        or to use or place on the market a product that contravenes specified requirements of —                     

Regulation (EC) No 1333/2008 relating to food additives (*regulation 3 and Table 1 of Schedule 1*);                              

Regulation (EC) No 1334/2008 relating to food flavourings and foods with flavouring properties (*regulation 4 and Table 1 of Schedule 2*);                              

Regulation (EC) No 2065/2003 relating to smoke flavourings (*regulation 5 and Table 1 of Schedule 3*); and                              

Regulation (EC) No 1332/2008 relating to food enzymes (*regulation 6 and Table 1 of Schedule 4*).                              

These Regulations also provide in Part 2 that in the case of certain types of non-compliance, relating to labelling, an officer                        of an enforcement authority may serve an improvement notice under Article 9 of the Food Safety (Northern Ireland) Order 1991                        as applied and modified by these Regulations requiring specified steps to be taken, failing which an offence will be committed                        (*regulation 7*). A person served with an improvement notice may appeal against it to a magistrates court under Article 37 of the Order (*regulation 8*).                     

Part 3 of these Regulations implement Directive 2009/32/EC relating to extraction solvents, in particular by —                     

specifying the circumstances where the controls on extraction solvents do not apply (*regulation 10*);                              

defining what constitutes a permitted extraction solvent (*regulation 11*);                              

prohibiting any person from using an extraction solvent other than a permitted extraction solvent, as defined, in the production                                 of food (*regulation 12*);                              

prohibiting any person from placing on the market an extraction solvent that is not a permitted extraction solvent or which                                 is not accompanied by certain information on the packaging, container or label (*regulations 13 and 14*).                              

These Regulations in Part 4 —

designate the Food Standards Agency as the competent authority for the purposes of applications for authorisation of a smoke                                 flavouring (*regulation 15*);                              

assign the duty of enforcing these Regulations to district councils (*regulation 16*);                              

provide for the maximum penalty to which a person may be liable on conviction for an offence under these Regulations (*regulation 17*);                              

provide that, where food is certified as being food which it is an offence to place on the market, the food will be treated                                 for the purposes of Article 8 of the Food Safety (Northern Ireland) Order 1991 as failing to comply with food safety requirements                                 (*regulation 18*); and                              

apply, with certain modifications, various provisions of the Food Safety (Northern Ireland) Order 1991 for the purposes of                                 these Regulations (*regulation 19 and Schedule 5*).                              

These Regulations in Part 5 —

make a minor amendment to the Food Labelling Regulations (Northern Ireland) 1996 (*regulation 20*); and                              

revoke certain rules in whole or in part (*regulation 21 and Schedule 6*).