FOOD, ENGLAND Title, commencement and application 1 These Regulations — a may be cited as the Sweeteners in Food (Amendment) (England) Regulations 2004; b shall come into force on 29th January 2005; and c shall apply in relation to England only. Amendments to the Sweeteners in Food Regulations 1995 2 The Sweeteners in Food Regulations 1995 shall be amended insofar as they apply in relation to England in accordance with regulations 3 to 7. 3 1 In regulation 2 (interpretation) paragraph (1) — a in the definition of “Directive 94/35/EC ” after the words “Directive 96/83/EC of the European Parliament and Council” there shall be inserted — and by Directive 2003/115/EC ; b in the definition of “Directive 95/31/EC ” after the words “Directive 2001/52/EC ” there shall be inserted — and by Directive 2004/46/EC ; and c 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 specified in the Annex to Directive 95/31/EC ; . 2 In regulation 2 paragraph (3) — a in sub–paragraph (c)(i) the words — and salt of aspartame–acesulfame shall be omitted; and b in sub–paragraph (c)(ii) after the words “as the case may be” where those words first appear in that sub–paragraph, there shall be inserted the following words — the maximum amount of free imide contained in the . 4 In regulation 3 (sale and use of sweeteners) — a in paragraph (3) there shall be added at the end the words “as read with the notes to that Schedule”; and b paragraph (5) shall be omitted. 5 In regulation 4 (sale of table–top sweeteners) in paragraph (b)(iii), after the words “where it contains aspartame” there shall be inserted the following words — “or salt of aspartame–acesulfame”. 6 In regulation 11 (transitional provision and exemption) after paragraph (1A) there shall be inserted the following paragraph — 1B In any proceedings for an offence under these Regulations which allege a contravention of regulations 3, 4 or 5 it shall be a defence to prove that — a the act was committed before 29th January 2006; b the act was that of — i selling a sweetener or food, ii using a sweetener in or on food, which in either case was placed on the market before 29th July 2005; and c the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(1)(a) or (c) or (2), or 4 to 7 of the Sweeteners in Food (Amendment) (England) Regulations 2004 had not been made when the act was committed. . 7 In Schedule 1 (permitted sweeteners and the foods in or on which they may be used) — a in the entries in Column 3 relating to “E951 Aspartame” after the words “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts” there shall be inserted in Column 3 the following entry — “Essoblaten” and in the corresponding place in Column 4 there shall be inserted the following entry — 1000mg/ kg ; b in the entries relating to “E952 Cyclamic Acid and its Na and Ca salts”— i in the entry under the heading “non–alcoholic drinks” relating to “Water-based flavoured drinks, energy–reduced or with no added sugar”, for the entry “400 mg/l” in Column 4 there shall be substituted the following entry — 250 mg/l , ii in the entry under that heading relating to “Milk and milk–derivative based or fruit juice–based energy–reduced or with no added sugar”, for the entry “400 mg/l” in Column 4 there shall be substituted the following entry — 250 mg/l , iii the entries listed in Columns 3 and 4 under the heading “Confectionery” shall be omitted, and iv the entry in Columns 3 and 4 under the heading “Miscellaneous” relating to “Edible ices, energy–reduced or with no added sugar” shall be omitted; c after the entries relating to “E954 Saccharin and its Na, K and Ca salts”, the following entries shall be inserted — E955 Sucralose Non–alcoholic drinks – Water–based flavoured drinks, energy–reduced or with no added sugar 300 mg/l – Milk and milk–derivative-based or fruit–juice–based drinks, energy–reduced or with no added sugar 300 mg/l Desserts and similar products – Water-based flavoured desserts, energy–reduced or with no added sugar 400 mg/kg – Milk and milk–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 – 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 – Cornets and wafers, for ice cream, with no added sugar 800 mg/kg – Breath freshening micro–sweets with no added sugar 2400 mg/kg – Strongly flavoured freshening throat pastilles with no added sugar 1000 mg/kg – Chewing gum with no added sugar 3000 mg/kg – Energy–reduced tablet form confectionery 200 mg/kg Miscellaneous – “Snacks”: certain flavours of ready to eat, pre–packed, dry, savoury starch products and coated nuts 200 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 – Cider and Perry 50 mg/l – Drinks consisting of a mixture of non–alcoholic drink and beer, cider, perry, spirits or wine 250 mg/l – Spirit drinks containing less than 15% alcohol by volume 250 mg/l – Alcohol–free beer or with an alcohol content not exceeding 1.2% vol 250 mg/l – Biere de table/Tafelbier/Table beer (original wort content less than 6% except for “Obergariges Einfachbier” 250 mg/l – Beers with a minimum acidity of 30 milli–equivalents expressed as NaOH 250 mg/l – Brown beer of the “ oud bruin ” type 250 mg/l – Energy–reduced beer 10 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 – Sweet–sour preserves of fruit and vegetables 180mg/kg – Feinkostsalat 140 mg/kg – Sweet–sour preserves and semi–preserves of fish and marinades of fish, crustaceans and molluscs 120 mg/kg – Energy–reduced soups 45 mg/l – Sauces 450 mg/kg – Mustard 140 mg/kg – Fine bakery products for special nutritional uses 700 mg/kg – Foods intended for use in energy–restricted diets for weight reduction as referred to in Directive 1996/8/EC 320 mg/kg – Dietary foods for special medical purposes as defined in Directive 1999/21/EC 400 mg/kg – Food supplements as defined in Directive 2002/46/EC supplied in a liquid form 240 mg/l – Food supplements as defined in Directive 2002/46/EC supplied in a solid form 800 mg/kg – Food supplements as defined in Directive 2002/46/EC based on vitamins and/or mineral elements and supplied in a syrup–type or chewable form 2400 mg/kg d after the entries relating to E959 Neohesperidine DC, the following entries shall be inserted — E962 Salt of aspartame–acesulfame Non–alcoholic drinks – Water–based flavoured drinks, energy–reduced or with no added sugar 350 mg/l (a) – Milk and milk–derivative-based or fruit–juice based drinks, energy–reduced or with no added sugar 350 mg/l (a) Desserts and similar products – Water–based flavoured desserts, energy–reduced or with no added sugar 350 mg/kg (a) – Milk and milk–derivative–based preparations, energy–reduced or with no added sugar 350 mg/kg (a) – Fruit and vegetable–based desserts, energy–reduced or with no added sugar 350 mg/kg (a) – Egg–based desserts, energy–reduced or with no added sugar 350 mg/kg (a) – Cereal–based desserts, energy–reduced or with no added sugar 350 mg/kg (a) – 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 (a) – Fat-based desserts, energy–reduced or with no added sugar 350 mg/kg (a) Confectionery – Confectionery with no added sugar 500 mg/kg (a) – Cocoa or dried–fruit-based confectionery, energy–reduced or with no added sugar 500 mg/kg (a) – Starch–based confectionery, energy–reduced or with no added sugar 1000 mg/kg (a) – Breath freshening micro–sweeets with no added sugar 2500 mg/kg (a) – Chewing gum with no added sugar 2000 mg/kg (a) Miscellaneous “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts 500 mg/kg (b) – Essoblaten 1000 mg/kg (b) – Cocoa, milk, dried–fruit or fat–based sandwich spreads, energy–reduced or with no added sugar 1000 mg/kg (b) – Cider and perry 350 mg/l (a) – Drinks consisting of a mixture of a non–alcoholic drink and beer, cider, perry, spirits or wine 350 mg/l (a) – Spirit drinks containing less than 15% alcohol by volume 350 mg/l (a) – Alcohol–free beer or with an alcohol content not exceeding 1.2% vol 350 mg/l (a) – “Biere de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergariges Einfachbier” 350 mg/l (a) – Beers with a minimum acidity of 30 milli–equivalents expressed as NaOH 350 mg/l (a) – Brown beers of the “ oud bruin ” type 350 mg/l (a) – Energy–reduced beer`– 25 mg/l (b) – Edible ices, energy–reduced or with no added sugar 800 mg/kg (b) – Canned or bottled fruit, energy–reduced or with no added sugar 350 mg/kg (a) – Energy–reduced jams, jellies and marmalades 1000 mg/kg (b) – Energy–reduced fruit and vegetable preparations 350 mg/kg (a) – Sweet–sour preserves of fruit and vegetables 200 mg/kg (a) – Feinkostsalat 350 mg/kg (b) – Sweet–sour preserves and semi–preserves of fish and marinades of fish, crustaceans and molluscs 200 mg/kg (a) – Energy-reduced soups 110 mg/l (b) – Sauces 350 mg/kg (b) – Mustard 350 mg/kg (b) – Fine bakery products for special nutritional uses 1000 mg/kg (a) – Foods intended for use in energy–restricted diets for weight reduction as referred to in Directive 1996/8/EC 450 mg/kg (a) – Dietary foods for special medical purposes as defined in Directive 1999/21/EC 450 mg/kg (a) – Food supplements as defined in Directive 2002/46/EC supplied in a liquid form 350 mg/l (a) – Food supplements as defined in Directive 2002/46/EC supplied in a solid form 500 mg/kg (a) – Food supplements as defined in Directive 2002/46/EC based on vitamins and/or mineral elements and supplied in a syrup–type or chewable form 2000 mg/kg (a) e the entries relating to Sucralose listed at the end of the Table in Columns 2 to 4 shall be omitted; f for the words “Complete formulae for weight control intended to replace total daily food intake or an individual meal”, wherever they occur, there shall be substituted the following words — Foods intended for use in energy–restricted diets for weight reduction as referred to in Directive 96/8/EC ; g for the words “Complete formulae and nutritional supplements for use under medical supervision”, wherever they occur, there shall be substituted the following words — Dietary foods for special medical purposes as defined in Directive 1999/21/EC ; h for the words “Liquid food supplements/dietary integrators”, wherever they occur, there shall be substituted the following words — Food supplements as defined in Directive 2002/46/EC supplied in a liquid form ; i for the words “Solid food supplements/dietary integrators”, wherever they occur, there shall be substituted the following words — Food supplements as defined in Directive 2002/46/EC supplied in a solid form ; j for the words “Food supplements/dietary integrators based on vitamins and/or mineral elements, syrup-type or chewable”, wherever they occur, there shall be substituted the following words — Food supplements as defined in Directive 2002/46/EC based on vitamins and/or mineral elements and supplied in a syrup–type or chewable form ; and k after notes 1 and 2 there shall be added the following notes — 3 The maximum usable doses in Column 4 relating to salt of aspartame–acesulfame are derived from the maximum usable doses for its constituent parts, aspartame (E951) and acesulfame–K (E950). The maximum usable doses for both aspartame (E951) and acesulfame–K (E950) are not to be exceeded by use of the salt of aspartame–acesulfame, either alone or in combination with E950 or E951. 4 The maximum usable doses in Column 4 relating to E962 salt of aspartame–acesulfame are expressed either as (a) acesulfame–K equivalents or (b) aspartame equivalents. . Signed by authority of the Secretary of State for Health Melanie Johnson Parliamentary Under Secretary of State, Department of Health 14 December 2004