Antioxidants in Food (Scotland) Regulations 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/1339 |
| Year | 1974 |
1974 No. 1339 (S. 117)
FOOD AND DRUGS
COMPOSITION AND LABELLING
The Antioxidants in Food (Scotland) Regulations 197430thJuly 1974
14thAugust 1974
4thSeptember 1974
In exercise of the powers conferred on me by sections 4, 7 and 56 of the Food and Drugs (Scotland) Act 1956(a), as amended by section 4(1) of, and paragraph 3(1) of Schedule 4 to, the European Communities Act 1972(b), and of all other powers enabling me in that behalf, and after consultation with such organisations as appear to me to be representative of interests substantially affected by these regulations and after reference to the Scottish Food Hygiene Council under section 25 of the said Act of 1956 (in so far as the regulations relate to the labelling, marking, advertising or description of food), I hereby make the following regulations:—
Citation and commencement
1. These regulations may be cited as the Antioxidants in Food (Scotland) Regulations 1974, and shall come into operation on 4th September 1974.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs (Scotland) Act 1956;
"antioxidant" means any substance which is capable of delaying, retarding or preventing the development in food of rancidity or other flavour deterioration due to oxidation but does not include—
(a) any permitted artificial sweetener,
(b) any permitted bleaching agent,
(c) any permitted colouring matter,
(d) any permitted emulsifier,
(e) any permitted improving agent,
(f) any permitted miscellaneous additive other than a permitted diluent combined with such an antioxidant,
(g) any permitted preservative,
(h) any permitted stabiliser,
(j) any permitted solvent other than a permitted diluent combined with such an antioxidant,
(k) lecithin,
(a) 1956 c. 30.
(b) 1972 c. 68.
(l) esters of L-ascorbic acid with straight-chain C14 and C18 fatty acids used or for use to dilute or dissolve colouring matter in accordance with the Colouring Matter in Food (Scotland) Regulations 1973(a);
"appropriate designation" means, as respects any permitted antioxidant or permitted diluent, a name or description or a name and description sufficiently specific, in each case, to indicate to an intending purchaser the true nature of the permitted antioxidant or permitted diluent to which it is applied;
"butter for manufacturing purposes" means butter sold or intended for sale, otherwise than by retail, for use in the manufacture or production of any other article of food;
"container" includes any form of packaging of food for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article, and in particular includes a wrapper or confining band;
"dairy product" means any butter (other than butter for manufacturing purposes), milk, cream, condensed milk, evaporated milk, dried milk or cheese;
"diluent" means any substance used to dilute or dissolve antioxidant intended for use in food for human consumption;
"food" means food intended for sale for human consumption and includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include—
(a) water, live animals or birds,
(b) fodder or feeding stuffs for animals, birds or fish, or
(c) articles or substances used only as drugs;
"human consumption" includes use in the preparation of food for human consumption;
"local authority" has the meaning assigned to it by section 26 of the Act;
"partial glycerol esters" means any compound formed by incompletely esterifying the hydroxyl groups of glycerol with either—
(a) any single fatty acid, or
(b) any mixture of fatty acids, or
(c) any mixture of fatty acids with one of the following organic acids—acetic acid, lactic acid, citric acid, tartaric acid, diacetyl tartaric acid or hydroxystearic acid,
in which the proportion of sodium salt, if any, of any fatty acid present does not exceed two per centum of the partial glycerol esters;
"permitted antioxidant" means any antioxidant specified in Part I of Schedule 1 to these regulations which satisfies the specific purity criteria relating to that antioxidant specified or referred to in Part II of that Schedule and, so far as is not otherwise provided by any such specific purity criteria, satisfies the general purity criteria specified in Part III of that Schedule, or any mixture of two or more such antioxidants and (except in the definition of appropriate designation in this regulation and Schedules 1 and 4 to these regulations) shall be construed as including any permitted diluent combined with such antioxidant or mixture of such antioxidants;
(a) S.I. 1973/1310 (1973 II, p. 3961).
"permitted artificial sweetener" means any artificial sweetener in so far as its use is permitted by the Artificial Sweeteners in Food (Scotland) Regulations 1969(a);
"permitted bleaching agent" means any bleaching agent in so far as its use is permitted by the Bread and Flour (Scotland) Regulations 1963(b), as amended(c);
"permitted colouring matter" means any colouring matter in so far as its use is permitted by the Colouring Matter in Food (Scotland) Regulations 1973;
"permitted diluent" means any diluent described in Part I of Schedule 2 to these regulations which satisfies the general purity criteria specified in Part II of that Schedule, or any of the permitted solvents ethyl alcohol (ethanol), propylene glycol and glycerol, or the permitted miscellaneous additive sorbitol and includes any combination of two or more such substances;
"permitted emulsifier" means any emulsifier in so far as its use is permitted by the Emulsifiers and Stabilisers in Food (Scotland) Regulations 1962(d), as amended (e);
"permitted improving agent" means any improving agent in so far as its use is permitted by the Bread and Flour (Scotland) Regulations 1963, as amended;
"permitted miscellaneous additive" means any acid, anti-caking agent, anti-foaming agent, base, buffer, firming agent, glazing agent, humectant, liquid freezant, packaging gas, propellent, release agent or sequestrant in so far as its use is, in each case, permitted by the Miscellaneous Additives in Food (Scotland) Regulations 1974(f);
"permitted preservative" means any preservative in so far as its use is permitted by the Preservatives in Food (Scotland) Regulations 1974(g);
"permitted solvent" means any solvent in so far as its use is permitted by the Solvents in Food (Scotland) Regulations 1968(h);
"permitted stabiliser" means any stabiliser in so far as its use is permitted by the Emulsifiers and Stabilisers in Food (Scotland) Regulations 1962, as amended;
"sell" includes offer or expose for sale or have in possession for sale, and "sale" and "sold" shall be construed accordingly;
"specified food" means any food of a description specified in column 1 of Part I or of Part II of Schedule 3 to these regulations;
AND other expressions have the same meaning as in the Act.
(2) The Interpretation Act 1889(i) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament, and as if these regulations and the regulations hereby revoked were Acts of Parliament.
(3) Unless a contrary intention is expressed, all proportions mentioned in these regulations are proportions calculated by weight of the product as sold.
(4) Any reference in these regulations to a label borne on a container shall be construed as including a reference to any legible marking on the container however effected.
(a) S.I. 1969/1848 (1969 III, p. 5782).
(b) S.I. 1963/1461 (1963 II, p. 2589).
(c) S.I. 1972/1489 (1972 III, p. 4395).
(d) S.I. 1962/779 (1962 I, p. 766).
(e) The relevant amending instrument is S.I. 1970/1095 (1970 II, p. 3442).
(f) S.I. 1974/1338.
(g) S.I. 1974/1340 (1974 II, p. 5108).
(h) S.I. 1968/263 (1968 I, p. 789).
(i) 1889 c. 63.
(5) For the purposes of these regulations, the supply of food, otherwise than by sale, at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale of that food.
(6) Any reference in these regulations to any other regulations shall be construed as a reference to such regulations as amended by any subsequent regulations.
Exemptions
3. The provisions of these regulations shall not apply to food having any antioxidant in it or on it, to any antioxidant or to any diluent combined with any antioxidant or antioxidants which, in each case, is intended at the time of sale, consignment, delivery or importation, as the case...
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