The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013

UK Statutory Instrument 2013 No. 2210 — creates 9 criminal offences.

9offences created

0recorded in force

0revoked

Made: 4 September 2013
In force from: 31 October 2013
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: European Communities Act 1972, Food Safety Act 1990, In accordance with section 48(4A) of the Food Safety Act 1990, Schedule 2 to, the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which apply to England only, 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 1993 (S.I. 1993/1658); The Smoke Flavourings (England) Regulations 2005 (S.I. 2005/464); The Food (Suspension of the Use of E128 Red 2G Food Colour) (England) Regulations 2007 (S.I. 2007/2266); The Food Enzymes Regulations 2009 (S.I. 2009/3235); The Food Additives (England) Regulations 2009 (S.I. 2009/3238); The Flavourings in Food (England) Regulations 2010 (S.I. 2010/2817). 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 authorised officer of an enforcement authority may serve a compliance notice requiring specified steps to be taken, failing which an offence will be committed (regulation 7 and Table 2 of Schedules 1 to 4). A person served with a compliance notice may appeal against it to a magistrates court (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 food authorities (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 section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements (regulation 18); and apply, with certain modifications, various provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 19). These Regulations in Part 5 — make a minor amendment to the Food Labelling Regulations 1996 (regulation 20); revoke certain instruments in whole or in part (regulation 21 and Schedule 5); and provide for the Food Standards Agency to carry out a review of the operation and effect of these Regulations within 5 years of them coming into force (regulation 22). A full impact assessment has not been produced for this instrument as no impact on business or on the public or voluntary sectors is foreseen.

Offences created by this instrument

Any person who contravenes regulation 12 or 13(1) commits an offence regulation 17(1) · Status not determined · Strict liability
Condemnation of food regulation 18 · Status not determined · Strict liability
Any person who contravenes, or who uses or places on the market a product that fails to comply with, any of the… regulation 3 · Status not determined · Strict liability
Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the… regulation 4 · Status not determined · Strict liability
Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the… regulation 5 · Status not determined · Strict liability
Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the… regulation 6 · Status not determined · Strict liability
Compliance notices regulation 7(2) · Status not determined · Strict liability
Compliance notices regulation 7(2)(d) · Status not determined · Strict liability
Compliance notices regulation 7(4) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Food Additives, Flavourings, Enzymes and Extraction Solvents (amendment etc.) (EU Exit) Regulations 2019 Commons · General Committees · 1 April 2019 · Stephen Hammond
These substances perform technological functions in or on food during its production or storage. Examples include preservatives, which are highly effective in protecting consumers from dangerous pathogens. They are used to improve the taste, texture and appearance of food. Common examples are artificial sweeteners and flavourings. In general, they are not sold to the final consumer but are traded between businesses. As all hon. Members know, the Government’s top priority is to secure a deal, but at the same time it is the responsibility of a responsible Government to prepare for all possible…

How Parliament handled it

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