Update on implementation in England of European directives on food additives

The Agency previously sought comments on the draft Miscellaneous Food Additives and the Sweeteners in Food (Amendment) (England) Regulations 2007, which will amend the Miscellaneous Food Additives Regulations 1995 and the Sweeteners in Food Regulations 1995 to implement European Parliament and Council Directive 2006/52/EC into English law.

A link to the previous consultation document is available below.

Since the publication of Directive 2006/52/EC, two new European Commission Directives, 2006/129/EC and 2006/128/EC, have been adopted which amend Directives 96/77/EC and 94/31/EC, to set out purity criteria (specifications) for the seven newly approved additives that have been permitted by way of Directive 2006/52/EC, and which also amend the purity criteria for a number of the currently permitted miscellaneous additives and sweeteners. Details of these directives are available on the EU website.

These directives, which were agreed at the Standing Committee meeting in Brussels on 6 October 2006, have to be implemented into Member States� national legislation by 15 February 2008. Products which do not comply with the legislation will be prohibited by this date.

In addition, a corrigendum to Directive 2006/52/EC has been published in the Official Journal of the European Communities (L 78 of 17 March 2007).

It is therefore necessary to amend the draft regulations, circulated with the previous consultation document, to implement the provisions of the Commission Directives, and to correct the wording, in accordance with the Corrigendum to Directive 2006/52/EC. A copy of the revised regulations are attached below for information. The proposed date that the new legislation in England comes into force during June 2007, remains unchanged.

Amendments to Directive 96/77/EC
Directive 2006/192/EC of 8 December 2006, which was published in the Official Journal of the European Communities (L 283) on 9 December 2006, amends Directive 96/77/EC in order to:

• establish purity criteria for six newly approved food additives (4-Hexyresorcinol, soybean hemicellulose, starch aluminium octenyl succinate, ethyl cellulose, pullulan and TBHQ) authorised under Directive 2006/52/EC
• withdraw the purity criteria for substances (E 216 and E 217), which are no longer permitted for use as food additives
• amend purity criteria for other additives in the light of technological developments
• establish the requirement that the presence of dioxins in the raw kaolinitic clay used in the production of E 559 aluminium silicate should be restricted to the lowest possible level
• correct some mistakes which have been found in different linguistic versions of this directive and which require rectification

Amendments to Directive 95/31/EC
Directive 2006/128/EC of 8 December 2006, which was published in the Official Journal of the European Communities (L 346) on 9 December 2006, amends Directive 95/31/EC in order to:

• set purity criteria for a new sweetener (erythritol) authorised under Directive 2006/52/EC
• amend current specifications for other sweeteners in the light of technical developments
• correct some mistakes which have been found in different linguistic versions of this directive and which require rectification

Devolved administrations
Colleagues in Scotland, Wales and Northern Ireland are drawing up their own regulations to implement the new directives and are writing to their stakeholders to inform them of the new legislation.

Financial Implications
No amendments have been made to the Regulatory Impact Assessment circulated with my previous letter, as it is likely that there will be no financial implications arising from the new directives, but please let us know if you consider that they will have any cost implications for your organisation.

Small businesses
We would particularly welcome any comments from small firms, or trade bodies that represent small firms, as to any likely cost implications arising from the new legislation.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk