Food Law News - UK - 2009

FSA Consultation Letter, 23 July 2009

ADDITIVES - Implementation of Commission Directive 2009/10/EC amending directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners (England)

A copy of the consultation document is available on this site. See: Additive Purity Criteria Consultation

Consultation details

Who will this consultation be of most interest to?

What is the subject of this consultation?

What is the purpose of this consultation?


The purpose of EU purity criteria legislation is to ensure that each food additive meets specified compositional criteria for the manufacture and production of the substance concerned. Directive 2009/10/EC amends the purity criteria for certain additives set out in Directive 2008/84/EC, which was implemented into English law by way of the Purity Criteria for Colours, Sweeteners and Miscellaneous Food Additives (England) Regulations 2009 (S.I. 2009 No. 891).

A draft of Directive 2009/10/EC was discussed at European Commission working groups with EU Member States and adopted at Standing Committee in December 2008. The Directive, which can be accessed on the Commission’s website (see link below), is required to be implemented into Member States' national legislation by 15 February 2010. Products that do not comply with the legislation will be prohibited after this date.

A separate Statutory Instrument should not be required to implement this Directive in England. This is because Regulations currently in draft enforcing Regulation 1333/2008 on food additives (attached at Annexe B) also implement Directive 2009/10/EC and, to that end, include a definition of Directive 2008/84/EC which, when the Regulations come into force on 20 January 2010, will automatically be construed to mean Directive 2008/84/EC as amended by Directive 2009/10/EC.

Amendments introduced by Directive 2009/10/EC

The adopted text includes the following amendments:

The following amendments have been made to take account of recent opinions of the European Food Safety Authority (EFSA):

The purpose of this written consultation is to seek stakeholders’ views on the amendments set out above. Because we are not aware of any financial impact arising any of the above amendments, no Impact Assessment has been produced for this consultation. However, if you consider that any aspect of the new legislation will result in costs to industry or the enforcement authorities, we would welcome details of these.

Consultation process

After this consultation closes, the FSA will reflect on your responses before deciding how to proceed. Responses are required by close 15 October 2009. 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).

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