The Food Additives (England) (Amendment) and the Extraction Solvents in Food (Amendment) (England) Regulations 2012

Who will this consultation be of most interest to?
Manufacturers of food additives and extraction solvents, food manufacturers using food additives, manufacturers of food and flavourings using extraction solvents, and enforcement authorities.

What is the subject of this consultation?
National Regulations relating to England to provide for the execution and enforcement of European Commission Regulations which (a) establish an EU list of food additives, (b) establish an EU list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients and (c) set down specifications for the food additives in those lists. The national regulations will also rectify an omission from the Extraction Solvents in Food (Amendment) (England) Regulations 2011 to include Dimethyl ether in the list of permitted extraction solvents in Schedule 1, Part 1, of the Extraction Solvents in Food Regulations 1993 in so far as they relate to England.

What is the purpose of this consultation?
To provide stakeholders with an opportunity to comment on the provisions of the draft Food Additives (England) (Amendment) and the Extraction Solvents in Food (Amendment) (England) Regulations 2012 and the associated EU legislation. Separate consultations will be carried out in Scotland, Wales and Northern Ireland on draft regulations relating to those parts of the UK.

Food Additives
The Food Additives (England) (Amendment) and the Extraction Solvents in Food (Amendment) (England) Regulations 2012 (the proposed Regulations) are necessary to amend the Food Additives (England) Regulations 2009 (as previously amended) to provide for the execution and enforcement of three directly applicable EU Regulations which will amend Regulation (EC) No. 1333/2008 („Regulation 1333/2008‟) on food additives and for the associated transitional arrangements.

Commission Regulation (EU) No 1129/2011 (Regulation 1129/2011) will amend Annex II to Regulation 1333/2008 establishing an EU list of food additives. Commission Regulation (EU) No 1130/2011 (Regulation 1130/2011) will amend Annex III to Regulation 1333/2008 establishing an EU list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients. A third, as yet unpublished EU regulation will set down specifications for food additives in the EU lists at Annex II and Annex III to Regulation 1333/2008 established by Regulations 1129/2011 and 1130/2011.

Extraction Solvents
The proposed regulations would also amend The Extraction Solvents in Food Regulations 1993 (as amended) in so far as they relate to England in order to rectify an omission from the Extraction Solvents in Food (Amendment) (England) Regulations 2011 which implemented European Commission Directive 2010/59/EU on extraction solvents used in the production of foodstuffs and food ingredients. The proposed amendment would include Dimethyl ether in the list of permitted extraction solvents in Part 1 of Schedule 1 to the 1993 Regulations.

The purpose of this consultation is to provide stakeholders with an opportunity to comment on the provisions of the proposed regulations and the associated EU legislation. Separate consultations will be carried out in Scotland, Wales and Northern Ireland on draft national regulations relating to those parts of the UK.

Key Proposals:
National regulations relating to England that will:

1. Provide for the execution and enforcement in England of three directly applicable EU Regulations which will:
   • Amend Annex II to Regulation 1333/2008 establishing an EU list of food additives.
   • Amend Annex III to Regulation 1333/2008 establishing an EU list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients. Set down specifications for food additives in the EU lists at Annex II and Annex III to Regulation 1333/2008 established by the first two EU regulations.
2. Rectify an omission from earlier national regulations by including Dimethyl ether in the list of permitted extraction solvents Schedule 1, Part 1 of the Extraction Solvents in Food Regulations 1993 (as amended) in so far as they relate to England.

Food Additives
The FSA consulted UK industry during extensive EU negotiations on all three EU regulations. The European Commission also consulted widely. UK industry's comments were noted and any concerns raised and largely resolved by the UK delegation during the EU negotiations. The provisions of Annex II, parts of Annex III and the new regulation on specifications are a largely a consolidation of existing legislation with which industry is familiar. The new restrictions on lycopene and additives in additives, enzymes and nutrients have been the subject of extensive discussions with industry and account has been taken as far as possible of industry's requirements. Lengthy transitional arrangements have been negotiated and as far as we are aware the incremental impact that would arise from these EU regulations would be negligible.

As it is anticipated that only negligible incremental impact on UK industry will arise from the proposed national regulations, the FSA has not prepared an Impact Assessment (IA) on this occasion (see also Paragraph 10 of Annex A to this consultation document). However, should this consultation bring to light any impact that has not been anticipated, the FSA will reconsider the need for an IA. A suggested structure for the information sought is shown in Annexes H and I, but where possible, we will take account of any information submitted.

Questions asked in this consultation:

1. Do you agree with the key proposals detailed above?
2. Do you think that the proposed Regulations, if enacted as drafted, would achieve the aims set out in the key proposals?

Responses are required by close 15 February 2012. Please state, in your response, whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents).

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

In accordance with the FSA principle of openness we shall keep a copy of the completed consultation and responses, to be made available to the public on request. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk