S.I. No. 43/1972 - Health (Preservatives in Food) Regulations, 1972.

S.I. No. 43 of 1972.

HEALTH (PRESERVATIVES IN FOOD) REGULATIONS, 1972.

The Minister for Health in exercise of the powers conferred on him by sections 5 , 54 and 59 of the Health Act, 1947 (No. 28 of 1947), sub-section (3) of section 38 of the Health Act, 1953 (No. 26 of 1953) and section 6 of the Health Act, 1970 (No. 1 of 1970) after consultation with the Minister for Industry and Commerce and the Minister for Agriculture and Fisheries hereby makes the following Regulations:—

PART I. PRELIMINARY AND GENERAL.

1. These Regulations may be cited as the Health (Preservatives in Food) Regulations, 1972.

2. These Regulations shall come into operation on the first day of September, 1972.

3. (1) In these Regulations—

"authorised officer" means an authorised officer for the purposes of Part IX of the Health Act, 1947 ;

"container" includes any form of packaging of food and any wrapper or band;

"food" does not include preservatives;

"permitted preservative" means any preservative described in the second column of the First Schedule to these Regulations or, subject to the provisions of sub-article (5) of article 10, a preservative described in the second column of the Second Schedule to these Regulations;

"pre-packed" means made up in a container for the purpose of retail sale prior to exposure or offer for sale;

"preservative" means any substance which is capable of inhibiting, retarding or arresting fermentation, acidification or other deterioration of food due to the action of bacteria, yeasts or moulds or of concealing any of the evidence of putrefaction but does not include—

( a ) any substance, the use of which is permitted under Regulations other than these Regulations, for the time being in force under Part V of the Health Act, 1947 ;

( b ) common salt;

( c ) lecithin, sugars and tocopherols;

( d ) nicotinic acid and its amide where used otherwise than on raw meat;

( e ) vinegar, acetic acid, lactic acid, citric acid, malic acid, phosphoric acid, polyphosphoric acid, tartaric acid, ascorbic acid, erythorbic acid and the calcium, sodium and potassium salts of any of the said acids (but excluding, where used on raw meat, ascorbic acid and erythorbic acid and any salt or other derivative of these acids);

( f ) glycerol, alcohol and potable spirits, iso-propyl alcohol, propylene glycol, monoacetin, diacetin and triacetin

( g ) herbs and hop extract;

( h ) spices and essential oils used for flavouring purposes;

( i ) any substance added to food by the process of curing known as smoking, including the use of any smoke solution derived from non-impregnated wood;

( j ) carbon dioxide, nitrogen or hydrogen used in the packing of food in hermetically sealed containers;

( k ) nitrous oxide used in the making of whipped cream;

"specified food" means any food of a description specified in the first column of the First Schedule to these Regulations.

(2) References in these Regulations to percentages and parts per million shall be construed as references to percentages and parts per million calculated by weight.

(3) Any reference in these Regulations to a label borne on a container shall be construed as including a reference to any legible marking on the container however effected.

4. Any reference in these Regulations to an owner or to a person in apparent charge or control of food shall in the case of food purchased from an automatic machine be construed as a reference—

( a ) where the name and address of the proprietor is stated on the machine and such address is in the State, to the proprietor of the machine;

( b ) in other cases, to the occupier of the premises at or on which the machine stands or to which it is affixed.

5. These Regulations shall not apply to any food or preservative which is intended to be exported or re-exported.

6. These Regulations shall be enforced and executed by health boards in their functional areas.

7. (1) Where a sample of any food has been certified under the Health (Sampling of Food) Regulations, 1970 ( S.I. No. 50 of 1970 ) not to comply with these Regulations, an authorised officer may seize, remove and detain such food as being food which is unfit for human consumption.

(2) With the consent in writing of the owner or person in apparent charge or control of such food an authorised officer may destroy or otherwise dispose of it so as to prevent its use for human consumption.

(3) An authorised officer who has seized any food in pursuance of the provisions of this article may, on giving notice in writing to the owner or person in apparent charge or control of such food of his intention to do so, apply to a Justice of the District Court for an order directing that such food be destroyed or otherwise disposed of as being food which is unfit for human consumption.

(4) A Justice of the District Court to whom the application is made for an order under sub-article (3) of this article shall, if satisfied that such food does not comply with these Regulations, order that it be destroyed or otherwise disposed of after such period, not exceeding fourteen days, as may be specified in such order, as being food which is unfit for human consumption and an authorised officer shall destroy or dispose of it accordingly.

(5) A person shall give to any authorised officer all reasonable assistance that the officer may require in the performance of his duties under these Regulations and such assistance shall include the giving of information relating to the composition and use of any food and the identity of the person from whom or the place from which any such food has been obtained and the person to whom and the place to which it has been consigned or the manner in which it has otherwise been disposed of.

(6) In this article "food" includes preservatives.

PART II. SALE ETC. OF PRESERVATIVES AND OF FOOD CONTAINING PRESERVATIVES.

8. Subject to the provisions of these Regulations a person shall not import, distribute, sell or expose for sale

( a ) any preservative, other than a permitted preservative, for use in the manufacture or preparation of food;

( b ) any permitted preservative in such a manner as to be likely to lead to its use contrary to these Regulations.

9. Subject to the provisions of these Regulations a person shall not import, distribute, sell or expose for sale any food which contains any preservative not naturally present in the food.

10. (1) Any specified food may contain an amount not exceeding that specified in the third column of the First Schedule to these Regulations of a preservative described in the second column of the said Schedule in relation to such food.

(2) Any specified food in relation to which two or more preservatives are described in the second column of the First Schedule to these Regulations may contain a mixture of those preservatives if the sum of the amounts, or in the case of bacon, ham or pickled meat if the amount, of each such preservative in the food expressed as a percentage of the maximum amount permitted by these Regulations of each preservative is not greater than one hundred.

(3) ( a ) Any food which contains any specified food (other than fruit and fruit pulp intended for manufacturing purposes and any unfermented grape juice product intended for sacramental use) may, subject to paragraphs ( b ) and ( c ) of this sub-article, contain an amount of the preservatives not exceeding that permitted by these Regulations for such specified food.

( b ) If a specified food may under these Regulations contain sulphur dioxide, any food containing two or more ingredients, any of which is such specified food, may contain an amount of sulphur dioxide not exceeding the amount permitted under paragraph ( a ) of this sub-article, or fifty parts per million, whichever is the greater.

( c ) If melon is used as an ingredient of a food which contains two or more ingredients, the food may not contain a greater amount of ortho-phenylphenol than ten parts per million of the weight of melon used.

(4) Any food may contain an amount not exceeding five parts per million of formaldehyde derived from any wet strength wrapping containing any resin based on formaldehyde or from any plastic food container or utensil manufactured from any resin of which formaldehyde is a condensing component.

(5) A preservative described in the second column of the Second Schedule to these Regulations may be used instead of the preservative described in relation thereto in the first column of that Schedule and where any such preservative is so used the amount used shall not exceed that specified for the preservative for which it is substituted in the third column of the First Schedule and any reference in these Regulations to any preservative described in the first column of the Second Schedule shall be construed accordingly.

(6) Any specified food and any food (other than fruit and fruit pulp intended for manufacturing purposes containing sulphur dioxide and any pre-packed food) which is intended for use in the preparation of a specified food and which is imported or sold otherwise than by retail for that purpose may contain an amount exceeding that specified in the third column of the First Schedule to these Regulations of a preservative described in the second column of the said Schedule in relation to such specified food if the importer receives from the exporter on or before importation or the buyer receives from the seller on or before sale a written statement in the form in the Third Schedule to these Regulations of the maximum amount of such preservative in the food.

PART III. LABELLING AND ADVERTISING.

11. (1) Subject to the provisions of these Regulations a person shall not import, distribute, sell or expose for sale any food mentioned in the first column of the First Schedule to these Regulations which contains any permitted preservative in respect of such food, unless it is packed in a container bearing a label in one of the forms specified for such a label in the Third Schedule to these Regulations or in the case of a retail sale of food which is not pre-packed a notice to the effect that the food contains preservative is exhibited in a conspicuous place so as to be easily readable by a purchaser of such food.

(2) Subject to the provisions of sub-article (3) of this article, each label to which sub-article (1) of this article relates shall be securely affixed to or be part of the container and shall be so placed as to be clearly visible and if the container bears a main label shall be placed in close proximity thereto or be part thereof.

(3) ( a ) In the case of a soft drink as defined in the First Schedule hereto the label referred to in sub-article (1) of this article may appear on the exposed top surface of the cork, stopper or cap closing the container of such drink.

( b ) The provisions of paragraph ( a ) of sub-article (3) of this article shall cease to have effect on the 31st day of December, 1981.

(4) Where in accordance with sub-article (1) of this article, a container is required to bear a label and such container is wrapped in paper or any other wrapper through which the label on the container is not clearly readable, the outermost wrapper shall on any exposure or offer for sale by retail bear a label as if it were the container to which the sub-article applies.

(5) The provisions of this article shall not apply to—

( a ) a sale in the course of a catering business of any specified food for immediate consumption, or

( b ) a specified food which contains sulphur dioxide in a proportion not exceeding fifty parts per million and no other preservative.

12. (1) A person shall not import, distribute, sell or expose for sale any substance for use as a preservative in food unless such substance is packed in a container bearing a label in the form specified for such a label in the Third Schedule to these Regulations.

(2) Each label to which sub-article (1) of this article relates shall be securely affixed to or be part of the container and shall be so placed as to be clearly visible and if the container bears a main label shall be placed in close proximity thereto or be part thereof.

13. (1) A person shall not advertise for sale—

( a ) any preservative for use in food other than a preservative which is a permitted preservative in respect of such food,

( b ) any permitted preservative for use in food or any food containing a permitted preservative in such a manner as to be likely to lead to its use or sale contrary to these Regulations.

(2) Where a person is charged with a contravention of this article, it shall be a good defence to show that the advertisement was published in such circumstances that he did not know and could not, by the exercise of reasonable care, have known that he was taking part in the publication of such advertisement.

FIRST SCHEDULE.

In this Schedule—

"bread" includes the following, and any part of any of the following, baps, bread rolls, fancy bread, milk bread, malt bread and fruit bread;

"flavouring emulsion" means an emulsion of a flavouring in a suitable liquid;

"flavouring syrup" means a solution of carbohydrate sweetening matter containing sufficient distinctive flavouring to provide, after dilution with milk or water, a drink with that distinctive flavour;

"flour confectionery" includes brack, cake, pastry whether cooked or uncooked, and ready-made puddings other than canned puddings and Christmas puddings but does not include biscuits or any product containing a filling that has as an ingredient any meat or fish;

"raw fish" means fish other than crustacea or molluscs which has not been cured;

"raw peeled potatoes" includes chips, sliced potatoes, diced potatoes and potatoes which have been blanched;

"sausage" and "sausage meat" mean a mixture of any raw meat, cereals and condiments and include hamburgers, lamburgers, beefburgers and similar products;

"soft drink" means any non-alcoholic drink commonly known as a soft drink, whether capable or not of being used as a medicine.

Column 1 Specified Food	Column 2 Permitted Preservative	Column 3 Amount expressed in parts per million
Bacon .. .. ..	Sodium nitrate	500
	Sodium nitrite	200
Beer (including stout and porter) .. .. ..	Sulphur dioxide	70
Bread .. .. ..	Propionic acid	3,000 (calculated on the weight of the flour).
Cabbage, dehydrated ..	Sulphur dioxide	2,500
Candied peel or cut and drained (syruped) peel	Sulphur dioxide	100
Cheese .. .. ..	Sorbic acid	1,000
Cheese, other than Cheddar or Cheshire type cheese or soft cheese.	Sodium nitrate or Sodium nitrite	100 10
Cider .. .. ..	Sulphur dioxide	200
Coffee (or coffee and chicory) extract, liquid.	Benzoic acid or methyl para-hydroxybenzoate or propyl para-hydroxybenzoate.	450 450 450
Coffee, extract, solid ..	Sulphur dioxide	150
Colouring matter, if in the form of a solution of a colouring matter the use of which is permitted by Regulations under Part V of the Health Act, 1947 .	Benzoic acid or sorbic acid.	2,000 1,000
Drinking chocolate concentrate	Benzoic acid or methyl para-hydroxybenzoate or propyl para-hydroxybenzoate.	700 700 700
Flavouring emulsion ..	Sulphur dioxide or benzoic acid.	350 800
Flavouring syrup .. ..	Sulphur dioxide or benzoic acid	350 800
Flour confectionery .. ..	Propionic acid or sorbic acid	1,000 1,000
Flour intended for use in the manufacture of biscuits.	Sulphur dioxide	200
Fruit, citrus .. .. ..	Diphenyl or orthophenylphenol.	100 70
Fruit, crystallised or glacé ..	Sulphur dioxide	100
Fruit, dried (including raisins and sultanas).	Sulphur dioxide ..	2,000
Fruit or fruit pulp (other than tomato pulp) intended for manufacturing purposes.	Sulphur dioxide	3,000
Fruit, fresh:
Apples .. .. Pears .. .. .. Pears .. .. ..	Ortho-phenylphenol Ortho-phenylphenol Copper Carbonate	10 10 3 (of copper)
Pineapples .. .. Melons .. .. Peaches .. ..	Ortho-phenylphenol Ortho-phenylphenol Ortho-phenylphenol	10 125 20
Fruit juice, sweetened or unsweetened whether concentrated or not.	Sulphur dioxide or benzoic acid.	350 800
Fruit (other than fresh fruit) or fruit pulp not otherwise specified in this Schedule.	Sulphur dioxide or benzoic acid.	350 800
Gelatin .. .. ..	Sulphur dioxide	1,000
Ginger, dry root .. ..	Sulphur dioxide	150
Grape juice products (unfermented, intended for sacramental use).	Sulphur dioxide and either benzoic acid or methyl para-hydroxybenzoate or propyl para-hydroxybenzoate.	70 2,000 2,000 2,000
Ham .. .. ..	Sodium nitrate Sodium nitrite	500 200
Horseradish, fresh grated ..	Sulphur dioxide or methyl para-hydroxybenzoate or propyl para-hydroxybenzoate.	100 250 250
Jam, including marmalade, jellymarmalade and fruit jelly prepared by the same process as jam and preserves sold for special dietetic purposes.	Sulphur dioxide	100
Marzipan .. .. ..	Sorbic acid	1,000
Meat, pickled .. ..	Sodium nitrate Sodium nitrite	500 200
Pectin, liquid .. ..	Sulphur dioxide	250
Perry .. .. ..	Sulphur dioxide	200
Pickles .. .. ..	Sulphur dioxide or methyl para-hydroxybenzoate or propyl para-hydroxybenzoate	100 250 250
Potato, raw, peeled .. ..	Sulphur dioxide	50
Potato, dehydrated .. ..	Sulphur dioxide	550
Prunes and figs having a moisture content of from twenty-five to thirty-two per cent.	Sorbic acid	500
Rennet, liquid .. ..	Benzoic acid or methyl para-hydroxybenzoate or propyl para-hydroxybenzoate	2000 2000 2000
Sauce .. .. ..	Sulphur dioxide or methyl para- hydroxybenzoate or propyl para-hydroxybenzoate	100 250 250
Sausage or sausage meat ..	Sulphur dioxide	450
Silicone anti-foam emulsion	Benzoic acid or sorbic acid	2,000 1,000
Soft Drink:
(i) dry ginger ale for consumption without dilution in which the content of the added sugar is not less than 3 lb. per 10 gallons;	Sulphur dioxide or benzoic acid	350 800
(ii) brewed ginger beer, herbal or botanical beverages in which the content of the added sugar is not less than 2 lb. per 10 gallons;	Sulphur dioxide or benzoic acid	350 800
(iii) any soft drink for consumption without dilution, other than a soft drink specified at (i) or (ii) above;	Sulphur dioxide or benzoic acid	70 160
(iv) any soft drink for consumption after dilution;	Sulphur dioxide or benzoic acid	350 800
(v) comminuted citrus base for the preparation of soft drinks.	Sulphur dioxide or benzoic acid Sulphur dioxide	350 800 100
Starch, prepared .. ..
	Sulphur dioxide	70
Starch hydrolysed (solid) ..
	Sulphur dioxide	450
Starch hydrolysed (syrup) ..
	Sulphur dioxide	70
Sugar or sugar syrups ..
	Benzoic acid or	450
Tea extract, liquid .. ..	methyl para-hydroxybenzoate or propyl para-hydroxybenzoate.	450 450
Tomato pulp, paste or purée	Sulphur dioxide or methyl para-hydroxybenzoate or propyl para-hydroxybenzoate.	350 800 800
Vegetables, dehydrated (other than cabbage or potato).	Sulphur dioxide	2,000
Vinegar .. .. ..	Sulphur dioxide	70
Wine (including alcoholic cordials).	Sulphur dioxide	450

SECOND SCHEDULE.

Column 1 Preservative	Column 2 Alternative form of preservative which may be used
Sulphur dioxide .. .. ..	Sulphurous acid or any of its sodium, potassium or calcium salts.
Benzoic acid .. .. ..	Sodium benzoate or potassium benzoate.
Sodium nitrate .. .. ..	Potassium nitrate.
Sodium nitrate .. .. ..	Potassium nitrite
Ortho-phenylphenol .. ..	Sodium ortho-phenylphenate.
Methyl para-hydroxybenzoate ..	Sodium methyl para-hydroxybenzoate.
Propyl para-hydroxybenzoate ..	Sodium propyl para-hydroxybenzoate.
Sorbic acid .. .. ..	Sodium sorbate, potassium sorbate or calcium sorbate.
Propionic acid .. .. ..	Sodium propionate or calcium propionate.

THIRD SCHEDULE.

1. The label to which sub-article (1) of article 11 relates shall be in one of the following forms:—

CONTAINS PRESERVATIVE

CONTAINS PERMITTED PRESERVATIVE

In the case of any unfermented grape juice product intended for sacramental use to which these Regulations apply, the words "and is not intended for use as a beverage" shall be added.

2. The label to which sub-article (1) of article 12 relates shall be in the following form or in a form substantially to the like effect:—

THIS PRESERVATIVE CONTAINS

(X) PER CENT OF (Y)

The label shall be completed by inserting at (X) in words and figures the percentage, correct to the nearest whole digit, of each and every preservative present in the substance in the container and at (Y) a correct description of the preservative to which such percentage relates. The words "parts per million" may be substituted for "per cent" and in any such case, the words and figures to be inserted at (X) shall be the number of parts per million of each and every preservative present in the substance in the container.

3. The statement to which sub-article (6) of article 10 relates shall be in the following form or in a form substantially to the like effect:—

THIS/THESE

( a ) ..........................................................CONTAIN/S

not more than

......................... (b) .......................................of..................................... (c) .......................................

......................... (b) ........................................of.....................................(c) ........................................

AND IS/ARE NOT FOR RETAIL SALE WITHOUT FURTHER PROCESSING.

The statement shall be completed by inserting at ( a ) the common or usual name of the food, at (b) the maximum percentage, in words and figures correct to the nearest whole digit, of each and every preservative present in the food and at (c) a correct description of the preservative to which such percentage relates. The words "parts per million" may be substituted for "per cent" and, in any such case, the words and figures to be inserted at (b) shall be the number of parts per million of each and every preservative present in the food.

4. Each label and statement prescribed in this Schedule shall be printed distinctly and legibly in dark type upon a light-coloured ground or in light type upon a dark-coloured ground. The type used for labels on containers of quantities of not less than 4 ounces or 4 fluid ounces, as the case may be, shall be not less than one-eighth of an inch in height, and the type used for labels on containers of quantities of less than 4 ounces or 4 fluid ounces, as the case may be, shall be not less than one-sixteenth of an inch in height. Every letter of every word shall be of uniform size and colour provided that the initial letter in any word may be larger than the other letters in that word.

GIVEN under the Official Seal of the Minister for Health

this 17th day of February, 1972.

ERSKINE H. CHILDERS,

Minister for Health.

EXPLANATORY NOTE.

These Regulations which come into operation on 1st September, 1972, provide that food being imported, distributed, sold or exposed for sale shall not contain preservatives, as defined, except as provided for in the Regulations, and prescribe the foods that may contain preservatives and the limit, if any, of such preservatives that may be contained in them. They provide that certain foods may contain a mixture of preservatives within certain limits.

The Regulations prohibit the importation, distribution, sale or exposure for sale for use in food of any preservative other than a permitted preservative or any permitted preservative in such a manner as to be likely to lead to its use contrary to the Regulations. They prescribe labelling requirements for certain foods containing preservatives and for preservatives.

The Regulations provide that where a sample of food has been certified not to comply with the Regulations, an authorised officer may seize, remove and detain such food as being food which is unfit for human consumption and, in certain circumstances, destroy it. They provide for certain other relevant matters such as compounded foods containing preservatives and the advertising of preservatives for use in food.

The provisions relating to preservatives in the Public Health (Preservatives, etc., in Food) Regulations, 1928 and 1943 are being revoked on 1st September, 1972 under S.I. No. 46 of 1972 .