
1 

(1) These Regulations may be cited as the Sweeteners in Food (Amendment) Regulations 1997 and shall come into force on 14th April 1997.
(2) In these Regulations “the principal Regulations” means the Sweeteners in Food Regulations 1995.
2 
The principal Regulations shall be amended as follows—
(a) in paragraph (1) of regulation 2 (interpretation)—
(i) in the definition of “Directive 94/35/EC” after the word “foodstuffs” there shall be inserted the words “, as amended by Directive 96/83/EC of the European Parliament and of the Council”;
(ii) after the definition of “permitted sweetener” there shall be inserted the following—“
 “relevant compound foods” means compound foods with no added sugar or energy-re duced, compound dietary foods intended for a low-calorie diet and compound foods with a long shelf life;”;
(b) in regulation 3 (sale and use of sweeteners)—
(i) in paragraphs (2) and (3) the words “and regulation 5A” shall be inserted after the word “below”; and
(ii) in paragraph (4) after the word “uses” there shall be inserted the words “(including any food for infants and young children not in good health)”;
(c) at the beginning of regulation 5 (sale of food containing sweeteners) the words “Subject to regulation 5A,” shall be inserted;
(d) after regulation 5 there shall be inserted the following—“
5A 

(1) Where a permitted sweetener is present in or on a relevant compound food and that relevant compound food contains, as an ingredient, a food in or on which that sweetener was or could have been used without contravening any of the provisions of paragraph (2) or (3) of regulation 3, that sweetener shall, for the purposes of those paragraphs and regulation 5, be deemed to have been used in or on that relevant compound food without contravening any of the provisions of those paragraphs.
(2) The use in or on a food of any permitted sweetener shall not constitute a contravention of paragraph (2) or (3) of regulation 3 if that food is destined to be used solely in the preparation of a compound food which complies with those paragraphs and sale of the food in or on which the permitted sweetener was used shall not constitute a contravention of regulation 5.”;
(e) in regulation 11 (transitional provision and exemption)—
(i) after paragraph (1) there shall be inserted the following—“
(1A) In any proceedings for an offence under these Regulations which allege a contravention of regulation 3(1), 4 or 5 it shall be a defence to prove that—
(a) the act—
(i) was committed before 19th June 1998, or
(ii) was that of selling a sweetener or food which, in either case, was put on the market or labelled before 19th June 1998; and
(b) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by the Sweeteners in Food (Amendment) Regulations 1997 had not been made when the act was committed or, as the case may be, the food was put on the market or labelled.”;
(ii) for paragraph (2) there shall be substituted the following—“
(2) These Regulations shall not apply in respect of any sweetener or, as the case may be, food which is brought into Great Britain having been lawfully put on the market or labelled in another member State before 30th June 1996.”; and
(iii) paragraph (3) shall be deleted; and
(f) the contents of the Schedule to these Regulations shall be substituted for Schedule 1.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th March 1997Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
13th March 1997Signed by authority of the Secretary of State for Wales:
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
12th March 1997Lindsay
Parliamentary Under Secretary of State, Scottish Office
13th March 1997
SCHEDULE
Regulation 2(f)
“
SCHEDULE 1
Regulations 2(1) and (3) and 3(3)


Column 1 Column 2 Column 3 Column 4
EC No. Permitted sweetener Foods in or on which permitted sweeteners may be used Maximum usable dose
 {{ 

— Water-based flavoured desserts, energy-reduced or with no added sugar
— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar }}
E 420 Sorbitol
(i) Sorbitol
(ii) Sorbitol syrup { 
— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar }
E 421 Mannitol { 
—  Egg-based desserts, energy-reduced or with no added sugar }
E 953 Isomalt { 
— Cereal-based desserts, energy-reduced or with no added sugar }
E 965 Maltitol
(i) Maltitol
(ii) Maltitol syrup { 
— Breakfast cereals or cereal-based products, energy-reduced or with no added sugar }
E 966 Lactitol { 
— Fat-based desserts, energy-reduced or with no added sugar } quantum satis
E 967 Xylitol { 
— Edible ices, energy-reduced or with no added sugar
— Jams, jellies, marmalades and crystallised fruit, energy-reduced or with no added sugar
— Fruit preparations, energy-reduced or with no added sugar, with the exception of those intended for the manufacture of fruit-juice-based drinks

— Confectionery with no added sugar
— Dried-fruit-based confectionery, energy-reduced or with no added sugar
— Starch-based confectionery, energy-reduced or with no added sugar
— Chewing gum with no added sugar

— Cocoa-based products, energy-reduced or with no added sugar }
E 420E 421 { 
— Cocoa-, milk-, dried fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar  }
E 953E 965E 966 { 
— Sauces } quantum satis
 { 
— Mustard }
E 967 (cont'd) { 
— Fine bakery products, energy-reduced or with no added sugar
— Products intended for particular nutritional uses
— Solid food supplements/dietary integrators }
E 950 Acesulfame K 

— Water-based flavoured drinks, energy-reduced or with no added sugar 350 mg/l
  
— Milk- and milk-derivative- based or fruit-juice-based drinks, energy-reduced or with no added sugar 350 mg/l
  

— Water-based flavoured desserts, energy-reduced or with no added sugar 350 mg/ kg
  
— Milk- and milk-derivative- based preparations, energy- reduced or with no added sugar 350 mg/ kg
  
— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar 350 mg/ kg
  
— Egg-based desserts, energy-reduced or with no added sugar 350 mg/ kg
  
— Cereal-based desserts, energy-reduced or with no added sugar 350 mg/ kg
  
— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar 1200 mg/ kg
  
— Fat-based desserts, energy-reduced or with no added sugar 350 mg/ kg
  

— Confectionery with no added sugar 500 mg/ kg
  
— Breath-freshening micro-sweets, with no added sugar 2500 mg/ kg
  
— Energy-reduced tablet-form confectionery 500 mg/ kg
  
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar 500 mg/ kg
  
— Starch-based confectionery, energy-reduced or with no added sugar 1000 mg/ kg
  
— Chewing gum with no added sugar 2000 mg/ kg
  

—  “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts 350 mg/ kg
  
— Cornets and wafers, for ice-cream, with no added sugar 2000 mg/ kg
  
— Essoblaten 2000 mg/ kg
  
— Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar 1000 mg/ kg
  
— Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine 350 mg/l
  
— Cider and perry 350 mg/l
  
— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol 350 mg/l
  
—  “Bière de table/Tafelbier/ Table beer”(original wort content less than 6%) except for “Obergäriges Einfachbier” 350 mg/l
  
— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH 350 mg/l
  
— Brown beers of the “oud bruin” type 350 mg/l
  
— Energy-reduced beer 25 mg/l
  
— Spirit drinks containing less than 15% alcohol by volume 350 mg/ kg
  
— Edible ices, energy-reduced or with no added sugar 800 mg/ kg
  
— Canned or bottled fruit, energy-reduced or with no added sugar 350 mg/ kg
  
— Energy-reduced jams, jellies and marmalades 1000 mg/ kg
  
— Energy-reduced fruit and vegetable preparations 350 mg/ kg
  
— Feinkostsalat 350 mg/ kg
  
— Sweet—sour preserves of fruit and vegetables 200 mg/ kg
  
— Sweet—sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs 200 mg/ kg
  
— Sauces 350 mg/ kg
  
— Energy-reduced soups 110 mg/l
  
— Mustard 350 mg/ kg
  
— Fine bakery products for special nutritional uses 1000 mg/ kg
  
— Complete formulae for weight control intended to replace total daily food intake or an individual meal 450 mg/ kg
  
— Complete formulae and nutritional supplements for use under medical supervision 450 mg/ kg
  
— Liquid food supplements/dietary integrators 350 mg/l
  
— Solid food supplements/dietary integrators 500 mg/ kg
  
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable 2000 mg/ kg
E 951 Aspartame 

— Water-based flavoured drinks, energy-reduced or with no added sugar 600 mg/l
  
— Milk- and milk-derivative-based or fruit juice-based drinks, energy-reduced or with no added sugar 600 mg/l
  

— Water-based flavoured desserts, energy-reduced or with no added sugar 1000 mg/ kg
  
— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar 1000 mg/ kg
  
— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar 1000 mg/ kg
  
— Egg-based desserts, energy-reduced or with no added sugar 1000 mg/ kg
  
— Cereal-based desserts, energy-reduced or with no added sugar 1000 mg/ kg
  
— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar 1000 mg/ kg
  
— Fat-based desserts, energy-reduced or with no added sugar 1000 mg/ kg
  

— Confectionery with no added sugar 1000 mg/ kg
  
— Breath freshening micro-sweets, with no added sugar 6000 mg/ kg
  
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar 2000 mg/ kg
  
— Starch-based confectionery, energy-reduced or with no added sugar 2000 mg/ kg
  
— Chewing gum with no added sugar 5500 mg/ kg
  
— Strongly flavoured freshening throat pastilles with no added sugar 2000 mg/ kg
  

—  “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts 500 mg/ kg
  
— Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar 1000 mg/ kg
  
— Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine 600 mg/l
  
— Cider and perry 600 mg/l
  
— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol 600 mg/l
  “—Bière de table/Tafelbier/Table beer”(original wort content less than 6%) except for “Obergäriges Einfachbier” 600 mg/l
  
— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH 600 mg/l
  
— Brown beers of the “oud bruin” type 600 mg/l
  
— Energy-reduced beer 25 mg/l
  
— Spirit drinks containing less than 15% alcohol by volume 600 mg/ kg
  
— Edible ices, energy-reduced or with no added sugar 800 mg/ kg
  
— Canned or bottled fruit, energy-reduced or with no added sugar 1000 mg/ kg
  
— Energy-reduced jams, jellies and marmalades 1000 mg/ kg
  
— Energy-reduced fruit and vegetable preparations 1000 mg/ kg
  
— Feinkostsalat 350 mg/ kg
  
— Sweet—sour preserves of fruit and vegetables 300 mg/ kg
  
— Sweet—sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs 300 mg/ kg
  
— Sauces 350 mg/ kg
  
— Energy-reduced soups 110 mg/l
  
— Mustard 350 mg/ kg
  
— Fine bakery products for special nutritional uses 1700 mg/ kg
  
— Complete formulae for weight control intended to replace total daily food intake or an individual meal 800 mg/ kg
  
— Complete formulae and nutritional supplements for use under medical supervision 1000 mg/ kg
  
— Liquid food supplements/dietary integrators 600 mg/ kg
  
— Solid food supplements/dietary integrators 2000 mg/ kg
  
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable 5500 mg/ kg
E 952 Cyclamic acid and its Na and Ca salts 

— Water-based flavoured drinks, energy-reduced or with no added sugar 400 mg/l
  
— Milk- and milk-derivative-based or fruit juice-based drinks, energy-reduced or with no added sugar 400 mg/l
  

— Water-based flavoured desserts, energy-reduced or with no added sugar 250 mg/ kg
  
— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar 250 mg/ kg
  
— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar 250 mg/ kg
  
— Egg-based desserts, energy-reduced or with no added sugar 250 mg/ kg
  
— Cereal-based desserts, energy-reduced or with no added sugar 250 mg/ kg
  
— Fat-based desserts, energy-reduced or with no added sugar 250 mg/ kg
  

— Confectionery with no added sugar 500 mg/ kg
  
— Breath freshening micro-sweets, with no added sugar 2500 mg/ kg
  
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar 500 mg/ kg
  
— Starch-based confectionery, energy-reduced or with no added sugar 500 mg/ kg
  
— Chewing gum with no added sugar 1500 mg/ kg
  

— Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar 500 mg/ kg
  
— Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine 250 mg/l
  
— Edible ices, energy-reduced or with no added sugar 250 mg/ kg
  
— Canned or bottled fruit, energy-reduced or with no added sugar 1000 mg/ kg
  
— Energy-reduced jams, jellies and marmalades 1000 mg/ kg
  
— Energy-reduced fruit and vegetable preparations 250 mg/ kg
  
— Fine bakery products for special nutritional uses 1600 mg/ kg
  
— Complete formulae for weight control intended to replace total daily food intake or an individual meal 400 mg/ kg
  
— Complete formulae and nutritional supplements for use under medical supervision 400 mg/ kg
  
— Liquid food supplements/dietary integrators 400 mg/ kg
  
— Solid food supplements/dietary integrators 500 mg/ kg
  
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable 1250 mg/ kg
E 954 Saccharin and its Na, K and Ca salts 

— Water-based flavoured drinks, energy-reduced or with no added sugar 80 mg/l
  
— Milk- and milk-derivative-based or fruit juice-based drinks, energy-reduced or with no added sugar 80 mg/l
  
—  “Gaseosa”: non-alcoholic water-based drink with added carbon dioxide, sweeteners and flavourings 100 mg/l
  

— Water-based flavoured desserts, energy-reduced or with no added sugar 100 mg/ kg
  
— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar 100 mg/ kg
  
— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar 100 mg/ kg
  
— Egg- based desserts, energy-reduced or with no added sugar 100 mg/ kg
  
— Cereal-based desserts, energy-reduced or with no added sugar 100 mg/ kg
  
— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar 100 mg/ kg
  
— Fat-based desserts, energy-reduced or with no added sugar 100 mg/ kg
  

— Confectionery with no added sugar 500 mg/ kg
  
— Breath freshening micro-sweets, with no added sugar 3000 mg/ kg
  
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar 500 mg/ kg
  
— Starch-based confectionery, energy-reduced or with no added sugar 300 mg/ kg
  
— Chewing gum with no added sugar 1200 mg/ kg
  

—  “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts 100 mg/ kg
  
— Cornets and wafers, for ice-cream, with no added sugar 800 mg/ kg
  
— Essoblaten 800 mg/ kg
  
— Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar 200 mg/ kg
  
— Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine 80 mg/l
  
— Cider and perry 80 mg/l
  
— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol 80 mg/l
  
—  “Bière de table/Tafelbier/ Table beer”(original wort content less than 6%) except for “Obergäriges Einfachbier” 80 mg/ l
  
— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH 80 mg/l
  
— Brown beers of the “oud bruin” type 80 mg/l
  
— Spirit drinks containing less than 15% alcohol by volume 80 mg/ kg
  
— Edible ices, energy-reduced or with no added sugar 100 mg/ kg
  
— Canned or bottled fruit, energy-reduced or with no added sugar 200 mg/ kg
  
— Energy-reduced jams, jellies and marmalades 200 mg/ kg
  
— Energy-reduced fruit and vegetable preparations 200 mg/ kg
  
— Feinkostsalat 160 mg/ kg
  
— Sweet—sour preserves of fruit and vegetables 160 mg/ kg
  
— Sweet—sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs 160 mg/ kg
  
— Sauces 160 mg/ kg
  
— Energy-reduced soups 110 mg/l
  
— Mustard 320 mg/ kg
  
— Fine bakery products for special nutritional uses 170 mg/ kg
  
— Complete formulae for weight control intended to replace total daily food intake or an individual meal 240 mg/ kg
  
— Complete formulae and nutritional supplements for use under medical supervision 200 mg/ kg
  
— Liquid food supplements/dietary integrators 80 mg/ kg
  
— Solid food supplements/dietary integrators 500 mg/ kg
  
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable 1200 mg/ kg
E 957 Thaumatin 

— Confectionery with no added sugar 50 mg/ kg
  
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar 50 mg/ kg
  
— Chewing gum with no added sugar 50 mg/ kg
  

— Edible ices, energy-reduced or with no added sugar 50 mg/ kg
  
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable 400 mg/kg
E 959 Neohesperidine DC 

— Water-based flavoured drinks,energy-reduced or with no added sugar 30 mg/l
  
— Milk- and milk-derivative-based drinks, energy-reduced or with no added sugar 50 mg/l
  
— Fruit-juice-based drinks, energy-reduced or with no added sugar 30 mg/l
  

— Water-based flavoured desserts, energy-reduced or with no added sugar 50 mg/ kg
  
— Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar 50 mg/ kg
  
— Fruit- and vegetable-based desserts, energy-reduced or with no added sugar 50 mg/ kg
  
— Egg-based desserts, energy-reduced or with no added sugar 50 mg/ kg
  
— Cereal-based desserts, energy-reduced or with no added sugar 50 mg/ kg
  
— Breakfast cereals with a fibre content of more than 15%, and containing at least 20% bran, energy-reduced or with no added sugar 50 mg/ kg
  
— Fat-based desserts, energy-reduced or with no added sugar 50 mg/ kg
  

— Confectionery with no added sugar 100 mg/ kg
  
— Breath freshening micro-sweets, with no added sugar 400 mg/ kg
  
— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar 100 mg/ kg
  
— Starch-based confectionery, energy-reduced or with no added sugar 150 mg/ kg
  
— Chewing gum with no added sugar 400 mg/ kg
  

—  “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts 50 mg/ kg
  
— Cornets and wafers, for ice-cream, with no added sugar 50 mg/ kg
  
— Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar 50 mg/ kg
  
— Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine 30 mg/l
  
— Cider and perry 20 mg/l
  
— Alcohol-free beer or with an alcohol content not exceeding 1.2% vol 10 mg/l
  
—  “Bière de table/Tafelbier/ Table beer”(original wort content less than 6%) except for “Obergäriges Einfachbier” 10 mg/l
  
— Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH 10 mg/l
  
— Brown beers of the “oud bruin” type 10 mg/l
  
— Energy-reduced beer 10 mg/ kg
  
— Spirit drinks containing less than 15% alcohol by volume 30 mg/ kg
  
— Edible ices, energy-reduced or with no added sugar 50 mg/ kg
  
— Canned or bottled fruit, energy-reduced or with no added sugar 50 mg/ kg
  
— Energy-reduced jams, jellies and marmalades 50 mg/ kg
  
— Sweet—sour preserves of fruit and vegetables 100 mg/ kg
  
— Energy-reduced fruit and vegetable preparations 50 mg/ kg
  
— Feinkostsalat 50 mg/ kg
  
— Sweet—sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs 30 mg/ kg
  
— Sauces 50 mg/ kg
  
— Energy-reduced soups 50 mg/l
  
— Mustard 50 mg/ kg
  
— Fine bakery products for special nutritional uses 150 mg/ kg
  
— Complete formulae for weight control intended to replace total daily food intake or an individual meal 100 mg/ kg
  
— Complete formulae and nutritional supplements for use under medical supervision 100 mg/ kg
  
— Liquid food supplements/dietary integrators 50 mg/ kg
  
— Solid food supplements/dietary integrators 100 mg/ kg
  
— Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable 400 mg/ kg”