No 5 : The System of Control on Food Additives in the UK and the European Community
Introduction
The Food Safety Act 1990 prohibits the addition to food of any substance which renders it injurious to health. It also provides the legal basis for specific regulations controlling particular classes of additives and the composition of particular foods. Since 1 January 1996, the use of most food additives (other than flavourings) in Great Britain has been controlled by three sets of regulations which implement harmonised European Community rules agreed in Brussels. Parallel legislation applies in Northern Ireland.
The main additive legislation
In December 1988 Directive 89/107/EEC, commonly referred to as the "Food Additives Framework Directive" was adopted. This established a procedure for agreeing comprehensive Directives for virtually all classes of food additives. Following this, negotiations took place leading to the adoption of subsidiary Directives covering sweeteners, colours and miscellaneous additives. These Directives have been implemented into UK law and came into force on 1 January 1996. This legislation lists the additives which are permitted for use in food for particular purposes and for sale direct to the public. It also sets out the technical specifications for permitted additives as well as conditions of use, including the setting of maximum additive levels in food. The legislation also allows for products put on the market or labelled before the end of the transitional periods set out in the relevant regulations but which do not comply with the Regulations to be marketed until stocks are exhausted. The introduction of this new legislation was accompanied by the revocation and amendment of various earlier additive and other food legislation.
Other legislation
Certain classes of additive falling outside the scope of the "Framework Directive" are governed by other legislation. A permitted list of extraction solvents has been laid down in regulations implementing harmonised EC rules. Controls on flavourings are outlined in Factsheet number 6. National legislation controls the use in food of mineral hydrocarbons (other than their use as miscellaneous additives which is, of course, subject to the harmonised EC rules) and chloroform. Also, the regulations on bread and flour place restrictions on the use of flour treatment agents, which are substances (other than emulsifiers) added to flour to improve its baking quality, and on flour bleaching agents. Where no specific regulations exist (for example, most processing aids are not specifically controlled, nor is the use of carrier solvents for food ingredients such as vitamins) the addition of any substance to food is still, of course, subject to the general provisions of the Food Safety Act 1990.
Regulations dealing with food additives
The Statutory Instruments outlined below marked with an asterisk * apply in England, Wales and Scotland. In all other cases, there is parallel legislation in Scotland and Northern Ireland.
(i) The main additives legislation
| Statutory Instrument (SI) number |
Title |
1995 No. 3123* |
The Sweeteners in Food Regulations 1995, as amended by |
| 1996 No.1477* |
The Sweeteners in Food (Amendment) Regulations 1996 |
| 1997 No. 814* |
The Sweeteners in Food (Amendment) Regulations 1997 |
| 1995 No. 3124* |
The Colours in Food Regulations 1995 |
| 1995 No. 3187* |
The Miscellaneous Food Additives Regulations 1995 |
The above Regulations implement harmonised EC rules governing their respective classes of additives contained in EC Directives 94/35/EC, 95/31/EC and amending directives 97/258/EC (sweeteners), 94/36/EC and 95/45/EC (colours) and 95/2/EC (for miscellaneous additives). All these Directives were made under the "Food Additives Framework Directive" 89/107/EEC. Further details are given in the four sets of guidance notes (one covering general matters and one for each of the SIs) available from:
MAFF Publications
London
SE99 7TT
Tel: 0645 556000
(ii) Other legidslation dealing with particular classes of additives
| Statutory Instrument number |
Title |
1966 No. 1073 |
The Mineral Hydrocarbons in Food Regulations 1966, as amended by :- |
| 1982 No. 1727 |
The Food (Revision of Penalties) Regulations 1982 |
| 1985 No. 67. |
The Food (Revision of Penalties) Regulations 1985 (Category I) |
| 1990 No. 2486 |
The Food Safety Act (Consequential Modifications) (England and Wales) Order 1990 |
| 1991 No. 1476 |
The Food Safety (Exports) Regulations 1991 |
| 1995 No. 3187 |
The Miscellaneous Food Additives Regulations 1995 |
The main Regulation prohibits the use of any mineral hydrocarbons (subject to certain exceptions relating to lubricants, chewing compounds, the rind of cheese and use as a permitted miscellaneous additive) in the composition or preparation of food, or the sale of such food and lay down specifications for mineral hydrocarbons and the method of testing solid mineral hydrocarbons for the presence of polycyclic hydrocarbons.
| Statutory Instrument (SI number) |
Title |
1980 No. 36 |
The Chloroform in Food Regulations 1980as amended by |
| 1982 No. 1727 |
The Food (Revision of Penalties) Regulations 1982 |
| 1985 No. 67 |
The Food (Revision of Penalties) Regulations 1985 (Category II) |
| 1990 No. 2486 |
The Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990 |
| 1991 No. 1476 |
The Food Safety (Exports) Regulations 1991 |
The main Regulation makes it an offence to sell or import food containing added chloroform.
| 1993 No. 1658* |
The Extraction Solvents in Food Regulations 1993, as amended by:- |
| 1995 No. 1440 |
The Extraction Solvents in Food (Amendment) Regulations 1995 |
These SIs lay down a list of permitted extraction solvents and, in certain cases, restrict conditions of use; lay down specifications of purity; and prescribe labelling requirements for extraction solvents when sold as such. These Regulations implement EC Directive 88/344/EEC, as amended by 92/115/EEC and 94/52/EC.
Enquiries relating to the above Regulations should be addressed to MAFF, Joint Food Safety and Standards Group, Additives and Novel Foods Division, Room 239, Ergon House c/o Nobel House, 17 Smith Square, London SW1P 3JR. Telephone: 0171-238 6265. Copies of statutory instruments may be purchased from The Stationery Office, PO Box 276, London, SW8 5DT; telephone: 0171-873-9090 for orders or 0171-873 0011 for general enquiries.
Back to Food additives and labelling page
This page was last updated 21 April 1999
