Emulsifiers and Stabilisers in Food (Scotland) Regulations 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/1597 |
1975 No. 1597 (S. 228)
FOOD AND DRUGS
COMPOSITION AND LABELLING
The Emulsifiers and Stabilisers in Food (Scotland) Regulations 197525thSeptember 1975
13thOctober 1975
3rdNovember 1975
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 Emulsifiers and Stabilisers in Food (Scotland) Regulations 1975, and shall come into operation on 3rd November 1975.
Interpretation
2.—(1) In these regulations unless the context otherwise requires—
"the Act" means the Food and Drugs (Scotland) Act 1956;
"appropriate designation" means, as respects any permitted emulsifier or permitted stabiliser, 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 emulsifier or permitted stabiliser to which it is applied;
"bread" has the meaning assigned to it by the Bread and Flour (Scotland) Regulations 1963(c), as amended (d);
"cheese spread", "processed cheese", "soft cheese" and "whey cheese" have the meanings respectively assigned to them by the Cheese (Scotland) Regulations 1970(e), as amended(f);
(a) 1956 c. 30.
(b) 1972 c. 68.
(c) S.I. 1963/1461 (1963 II, p. 2589).
(d) There is no amendment which relates expressly to the subject matter of these regulations.
(e) S.I. 1970/108 (1970 I, p. 464).
(f) S.I. 1974/1337 (1974 II, p. 5056).
"emulsifier" and "stabiliser" means respectively any substance which is capable—
(a) in the case of an emulsifier, of aiding the formation of, and
(b) in the case of a stabiliser, of maintaining,
the uniform dispersion of two or more immiscible substances, but do not in either case include—
(i) any natural food substance,
(ii) any permitted antioxidant,
(iii) any permitted artificial sweetener,
(iv) any permitted bleaching agent,
(v) any permitted colouring matter,
(vi) any permitted improving agent,
(vii) any permitted miscellaneous additive,
(viii) any permitted preservative,
(ix) any permitted solvent,
(x) caseins and caseinates,
(xi) proteins, protein concentrates and protein hydrolysates,
(xii) starches, whether modified or not,
(xiii) normal straight chain fatty acids derived from food fats;
"flour" has the meaning assigned to it by the Bread and Flour (Scotland) Regulations 1963, as amended;
"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;
"Food Chemicals Codex 1972" and "First Supplement, 1974" mean respectively the second edition of the Food Chemicals Codex published in 1972 and the First Supplement to that edition published in 1974, in each case, by the National Academy of Sciences, Washington DC, United States of America;
"human consumption" includes use in the preparation of food for human consumption;
"natural food substance" means any substance, suitable for use as food and commonly used as food, which is wholly a natural product, whether or not that substance has been subjected to any process or treatment, and includes malt extract and glucose syrup but does not include edible gums;
"permitted antioxidant" means any antioxidant in so far as its use is permitted by the Antioxidants in Food (Scotland) Regulations 1974(a);
"permitted artificial sweetener" means any artificial sweetener in so far as its use is permitted by the Artificial Sweeteners in Food (Scotland) Regulations 1969(b);
"permitted bleaching agent" means any bleaching agent in so far as its use is permitted by the Bread and Flour (Scotland) Regulations 1963, as amended;
(a) S.I. 1974/1339 (1974 II, p. 5093).
(b) S.I. 1969/1848 (1969 III, p. 5782).
"permitted colouring matter" means any colouring matter in so far as its use is permitted by the Colouring Matter in Food (Scotland) Regulations 1973(a), as amended (b);
"permitted emulsifier" and "permitted stabiliser" mean respectively any emulsifier and any stabiliser specified in Part I of Schedule 1 which complies with the specific purity criteria in relation to that emulsifier or stabiliser specified or referred to in Part II of that Schedule and, so far as is not otherwise provided in any such specific purity criteria, with the general purity criteria in Part III of that Schedule, or any mixture of two or more such emulsifiers or stabilisers or emulsifiers and stabilisers;
"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(c), as amended (d);
"permitted preservative" means any preservative in so far as its use is permitted by the Preservatives in Food (Scotland) Regulations 1975(e);
"permitted solvent" means any solvent in so far as its use is permitted by the Solvents in Food (Scotland) Regulations 1968(f);
"sell" includes offer or expose for sale or have in possession for sale, and "sale" and "sold" shall be construed accordingly;
"soft drink" has the meaning assigned to it by the Soft Drinks (Scotland) Regulations 1964(g), as amended (h);
"specified food" means any food of a description specified in column 1 of Part I or Part II of Schedule 2;
AND other expressions have the same meaning as in the Act.
(2) The Interpretation Act 1889(j) 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.
(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.
(a) S.I. 1973/1310 (1973 II, p. 3961).
(b) There is no amendment which relates expressly to the subject matter of these regulations.
(c) S.I. 1974/1338 (1974 II, p. 5059).
(d) S.I. 1975/1596 (1975 III, p. 5486).
(e) S.I. 1975/1598 (1975 III, p. 5514).
(f) S.I. 1968/263 (1968 I, p. 789).
(g) S.I. 1964/767 (1964 II, p. 1634).
(h) There is no amendment which relates expressly to the subject matter of these regulations.
(j) 1889 c. 63.
(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;
(7) Any reference in these regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of specified regulations, be construed as a reference to the regulation or Schedule bearing that number in these regulations.
Exemptions
3. The provisions of these regulations shall not apply to food having any emulsifier or stabiliser in it or on it or to any emulsifier or stabiliser which, in each case, is intended at the time of sale, consignment, delivery or importation, as the case may be, for exportation to any place outside the United Kingdom.
Sale, etc. of food containing emulsifiers or stabilisers
4.—(1) Subject to the provisions of this regulation, no food sold, consigned, delivered or imported into Scotland shall have in it or on it any added emulsifier or added stabiliser other than a permitted emulsifier or permitted stabiliser.
(2) Save as hereinafter provided, no food sold, consigned, delivered or imported into Scotland shall have in it or on it any added permitted emulsifier or added permitted stabiliser specified in column 2 of Part I of Schedule 2:
Provided that any specified food described in column 1 of that Part of that Schedule may have in it or on it any permitted emulsifier or permitted stabiliser of the description and in the proportion specified in relation thereto in columns 2 and 3 respectively of that Part of that Schedule.
(3) Save as hereinafter provided, no specified food described in column 1 of Part II of Schedule 2, sold, consigned, delivered or imported into Scotland shall have in it or on it any added permitted emulsifier or added permitted stabiliser:
Provided that any specified food described in column 1 of Part II of Schedule 2 may, subject to the provisions of paragraph 1 of that Part, have in it or on it any permitted emulsifier or permitted stabiliser of the description and in the proportion specified in relation thereto in columns 2 and 3 respectively of that Part of that Schedule.
(4) Nothing in the two preceding paragraphs shall prohibit the presence in or on any food, which has in it or on it any specified food, of any permitted emulsifier or permitted stabiliser of the description specified for, and in the amount...
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