Food, England Title application and commencement 1 These Regulations may be cited as the Food Additives (England) (Amendment) and the Extraction Solvents in Food (Amendment) (England) Regulations 2012, apply in relation to England only and come into force on 23rd May 2012. Amendment of the Food Additives (England) Regulations 2009 2 1 The Food Additives (England) Regulations 2009 are amended in accordance with paragraphs (2) to (5). 2 In paragraph (1) of regulation 2 (interpretation) — a for the definition of “permitted colour” substitute the following definition — “ permitted colour ” means — before 1st December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in the Annex to Directive 08/128; on or after 1st December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in the Annex to Regulation 231/2012; ; b for the definition of “permitted sweetener” substitute the following definition — “ permitted sweetener ” means — before 1st December 2012 — any sweetener specified in the second column of the Annex to Directive 94/35 which satisfies the specific purity criteria for that sweetener set out in Annex I to Directive 08/60, or in the case of E960 steviol glycosides, a sweetener which satisfies the purity criteria for that sweetener set out in the Annex to Regulation 231/2012; on or after 1st December 2012 — any sweetener specified in the second column of the Annex to Directive 94/35, or E960 steviol glycosides which satisfies the specific purity criteria for that sweetener set out in the Annex to Regulation 231/2012; ; c for the definition of “purity criteria” substitute the following definition — “ purity criteria ”, in relation to a miscellaneous additive, means — before 1st December 2012, the purity criteria set out in relation to that additive in Annex I to Directive 08/84 or, in the case of E1205 basic methacrylate copolymer, in the Annex to Regulation 231/2012; on or after 1st December 2012, the purity criteria set out in relation to that additive in the Annex to Regulation 231/2012; ; d at the end of the definition of “Regulation 1333/2008” insert “as read with Regulation 231/2012 ”; and e after the definition of “Regulation 1333/2008” insert the following definitions — “ Regulation 1129/2011 ” means 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, as read with Commission Regulation (EU) No. 1131/2011 amending Annex II to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council with regard to steviol glycosides; “ Regulation 1130/2011 ” means 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 approved for use in food additives, food enzymes, food flavourings and nutrients; “ Regulation 231/2012 ” means 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; . 3 For paragraph (6) of regulation 2, substitute the following — 6 The EU instruments are Directive 94/35, Directive 95/2, Regulation 1333/2008 and Regulation 231/2012. . 4 In regulation 14 (offences and penalties) — a in paragraph (2), after the expression “Article 34 of Regulation 1333/2008,” add “Article 2 of Regulation 1129/2011 and Article 2 of Regulation 1130/2011,”; and b omit sub-paragraphs (2)(b) and (2)(c). 5 In the table in the Schedule (specified Regulation 1333/2008 provisions), immediately after the entries relating to Article 4.1 insert the following entries — Article 4.2 (as read with Articles 12, 13.2 and 18.3) Requirement that only food additives included in the list in Annex III to Regulation 1333/2008 may be used in food additives, food enzymes, food flavourings and nutrients and under the conditions of use specified in that Annex. Amendment of the Extraction Solvents in Food Regulations 1993 3 1 The Extraction Solvents in Food Regulations 1993 are amended in relation to England in accordance with paragraph (2). 2 In Schedule 1 Part I (permitted extraction solvents) as entry number 22 in Column 1 add “Dimethyl ether”. Statutory review 4 1 The Food Standards Agency must from time to time — a carry out a review of the operation and effect of regulation 2; b set out the conclusions of the review in a report; and c publish the report. 2 In carrying out the review the Agency must, so far as is reasonable, have regard to how Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives is executed and enforced in other Member States. 3 The report must in particular — a set out the objectives intended to be achieved by the regulatory system established by the Food Additives (England) Regulations 2009 as they have been amended by these Regulations; b assess the extent to which those objectives are achieved; and c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. 4 The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force. 5 Reports under this regulation are afterwards to be published at intervals not exceeding five years. Signed by authority of the Secretary of State for Health. Anne Milton Parliamentary Under-Secretary of State, Department of Health 25th April 2012