
1 
These Regulations may be cited as the Food Additives (Scotland) Amendment Regulations 2012 and come into force on 23rd May 2012.
2 

(1) The Food Additives (Scotland) Regulations 2009  are amended in accordance with paragraphs (2) to (6).
(2) In paragraph (1) of regulation 2 (interpretation)—
(a) for the definition of  “permitted colour” substitute—““permitted colour” means—
(a) before 1st December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in Annex I to Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs, as amended by Commission Directive 2011/3/EU amending Directive 2008/128/EC laying down specific purity criteria on colours for use in foodstuffs;
(b) on or after 1st December 2012, any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in the Annex to Regulation 231/2012;”;
(b) for the definition of  “permitted sweetener” substitute—““permitted sweetener” means—
(a) before 1st December 2012—
(i) any sweetener specified in the second column of the Annex to Directive 94/35 which satisfies the specific purity criteria for that sweetener set out in Annex I to Commission Directive 2008/60/EC laying down specific purity criteria concerning sweeteners for use in foodstuffs, as amended by Commission Directive 2010/37/EU amending Directive 2008/60/EC laying down specific purity criteria on sweeteners; or
(ii) in the case of E960 steviol glycosides, a sweetener which satisfies the specific purity criteria for that sweetener set out in the Annex to Regulation 231/2012;
(b) on or after 1st December 2012—

(i) any sweetener specified in the second column of the Annex to Directive 94/35; or
(ii) in the case of E960 steviol glycosides, a sweetener,which satisfies the specific purity criteria for that sweetener set out in the Annex to Regulation 231/2012;”;
(c) for the definition of  “purity criteria”, in relation to a miscellaneous additive, substitute—“
 
 “purity criteria”, in relation to a miscellaneous additive, means—
(a) before 1st December 2012—
(i) the specific purity criteria set out in relation to that additive in Annex I to Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners, as amended by Commission Directive 2010/67/EU amending Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners; or
(ii) in the case of E1205 basic methacrylate copolymer, the specific purity criteria set out in the Annex to Regulation 231/2012;
(b) on or after 1st December 2012, the specific purity criteria set out in relation to that additive in the Annex to Regulation 231/2012;”;
(d) at the end of the definition of  “Regulation 1333/2008” insert “
                    as read with Regulation 231/2012
                  ”; and
(e) after the definition of  “Regulation 1333/2008” insert the following definitions:—“
 “Regulation 1129/2011” means Commission Regulation (EU) No 1129/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives , as read with Commission Regulation (EU) No 1131/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council with regard to steviol glycosides ;
 “Regulation 1130/2011” means Commission Regulation (EU) No 1130/2011 amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives by establishing a Union list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients ;
 “Regulation 231/2012” means Commission Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council ;”.
(3) For paragraph (5) of regulation 2, substitute—“
(5) The EU instruments are Directive 94/35, Directive 95/2, Regulation 1333/2008 and Regulation 231/2012.”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For paragraph (1) of regulation 18 (consequential amendments), substitute—“
(1) In paragraph (1) of regulation 4 (exemptions from the prohibition of mineral hydrocarbon in food) of the Mineral Hydrocarbons in Food (Scotland) Regulations 1966 , for sub-paragraph (d) substitute—“
(d) any food containing mineral hydrocarbon that is used in the food as a miscellaneous additive as defined in the Food Additives (Scotland) Regulations 2009 in compliance with the provisions of those   Regulations;”.”.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MICHAEL MATHESON

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh
