FOOD Citation, commencement and extent 1 1 These Regulations may be cited as the Sweeteners in Food Amendment (Scotland) Regulations 2004 and come into force on 29th January 2005. 2 These Regulations extend to Scotland only. Amendments to the Sweeteners in Food Regulations 1995 2 The Sweeteners in Food Regulations 1995 are amended in accordance with regulations 3 to 7. 3 1 In regulation 2(1) (interpretation)– a at the end of the definition of “Directive 94/35/ EC ” , insert– and by Directive 2003/115/EC of the European Parliament and of the Council ; b in the definition of “Directive 95/31/EC ”, for “Directive 2000/51 and Directive 2001/52/EC ;” , substitute– Directive 2000/51/EC , Directive 2001/52/EC and Directive 2004/46/EC ; ; and c for the definition of “permitted sweetener”, substitute– “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(3)(c)(ii), before “saccharin” in the second place where it occurs, insert “the”. 4 In regulation 3 (sale and use of sweeteners)– a at the end of paragraph (3), insert– as read with the notes to that Schedule ; and b omit paragraph (5) . 5 In regulation 4(b)(iii) (sale of table-top sweeteners), after “aspartame”, insert– or salt of aspartame acesulfame . 6 In regulation 11 (transitional provision and exemption), after paragraph (1A) , insert– 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 (Scotland) Regulations 2004 had not been in force 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 entry ““Snacks”: certain flavours of ready to eat, pre packed, dry, savoury starch products and coated nuts”, insert the entry “ Essoblaten ” and in the corresponding place for that new entry in Column 4, insert “1000 mg/ kg ”; b in the entries relating to “E952 Cyclamic Acid and its Na and Ca salts”– i in the entry in Column 4 relating to “Water-based flavoured drinks, energy-reduced or with no added sugar”, for “400 mg/l”, substitute “250 mg/l”; ii in the entry in Column 4 relating to “Milk and milk derivative based or fruit juice based drinks, energy reduced or with no added sugar”, for “400 mg/l”, substitute “250 mg/l”; iii omit the entries listed in Columns 3 and 4 under the heading “Confectionery”; and iv omit the entry in Columns 3 and 4 under the heading “Miscellaneous” relating to “Edible ices, energy reduced or with no added sugar”; c omit the entries in Columns 2 to 4 relating to Sucralose listed at the end of the Table; d after the entries relating to “E954 Saccharin and its Na, K and Ca salts”, insert– 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 a 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 – “Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges 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/l – 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 ; e after the entries relating to E959 Neohesperidine DC, insert– 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 (b) – 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-sweets 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) – “Bière de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergäriges 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) ; f for “Complete formulae for weight control intended to replace total daily food intake or an individual meal”, in each place where it appears, substitute– Foods intended for use in energy–restricted diets for weight reduction as referred to in Directive 96/8/EC ; g for “Complete formulae and nutritional supplements for use under medical supervision”, in each place where it appears, substitute– Dietary foods for special medical purposes as defined in Directive 1999/21/EC ; h for “Liquid food supplements/dietary integrators”, in each place where it appears, substitute– Food supplements as defined in Directive 2002/46/EC supplied in a liquid form ; i for “Solid food supplements/dietary integrators”, in each place where it appears, substitute– Food supplements as defined in Directive 2002/46/EC supplied in a solid form ; j for “Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable”, in each place where it appears, substitute– 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 add– 3 The maximum usable doses for the salt of aspartame-acesulfame (E962) 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 for the salt of aspartame-acesulfame (E962) are expressed either as (a) acesulfame-K equivalents or (b) aspartame equivalents. . RHONA BRANKIN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 21st December 2004