S.I. No. 118/1975 - Food Standards (Certain Sugars) (European Communities) Regulations, 1975.


I, MARK CLINTON, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 2 of the Food Standards Act, 1974 (No. 11 of 1974), and having consulted the Ministers for Health and Industry and Commerce and such organisations as appear to me to be interested to a substantial extent in the subject matter, hereby make the following Regulations:

1. These Regulations may be cited as the Food Standards (Certain Sugars) (European Communities) Regulations, 1975, and shall come into operation on the 13th day of December, 1975.

2. In these Regulations "the Directive" means Council Directive 73/437/EEC of 11th December, 1973.*

*OJ No. L 356, 27.12.1973

3. These Regulations apply to the products defined in Article 1 of the Directive, except in so far as any of those products take any of the following forms, namely, impalpable sugar, candy sugar or sugar in loaf form.

4. Products to which these Regulations apply may not be offered for sale for human consumption in the State unless they comply with the Directive and, where appropriate, with Regulations 6 to 8 of these Regulations.

5. Products to which these Regulations apply may not be exported to any member state of the European Economic Community for human consumption unless they comply with the Directive as applied in that state.

6. (1) Notwithstanding anything in the Health (Preservatives in Food) Regulations, 1973 ( S.I. No. 147 of 1973 ), products (other than glucose syrup and dried glucose syrup) to which these Regulations apply may not be offered for sale for human consumption in the State with a residual sulphur dioxide content exceeding 20 mg/kg.

(2) This Regulation shall cease to have effect on the 12th day of December, 1978.

7. Notwithstanding anything in the Health (Preservatives in Food) Regulations, 1973 ( S.I. No. 147 of 1973 ), the total sulphur dioxide content of glucose syrup intended for human consumption shall not exceed—

( a ) where it is used in sugar confectionery products, 400 mg/kg,

( b ) where it is used in chewing gum, 40 mg/kg, and

( c ) where it is used in any compounded food other than those specified at (a) and (b), 200 mg/kg.

8. Notwithstanding anything in the Health (Preservatives in Food) Regulations, 1973 ( S.I. No. 147 of 1973 ), the total sulphur dioxide content of dried glucose syrup intended for human consumption shall not exceed, where it is used in sugar confectionery or any other compounded food, 150 mg/kg.

GIVEN under my Official Seal, this 9th day of June, 1975.

MARK CLINTON,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

The purpose of these Regulations is to give effect to Council Directive 73/437/EEC of 11th December, 1973 on the approximation of the laws of the Member States concerning certain sugars intended for human consumption. That Directive defines several kinds of sugar and also lays down rules for their labelling and packing. Member States are required to amend their national laws in accordance with the Directive with effect from 13th December, 1975.

The Direcive defines the following products: semi-white sugar; sugar or white sugar; extra white sugar; sugar solution; invert sugar solution; invert sugar syrup; glucose syrup; dried glucose syrup; dextrose monohydrate; dextrose anhydrous.

The Directive prescribes a limit of 15 mg/kg for the residual sulphur dioxide content of these products (excluding glucose syrup and dried glucose syrup). Member States are free to authorise, on a transitional basis, a limit of up to 20 mg/kg. This provision is being availed of (Regulation 6).

The Directive prescribes a limit of 20 mg/kg (40 mg/kg until December 1976) for the residual sulphur dioxide content of glucose syrup and dried glucose syrup. Member States are free to authorise, on a permanent basis, limits of up to 400 mg/kg and 150 mg/kg respectively where these products are for use in the manufacture of other foodstuffs and where such limits are justified by technological requirements. These provisions are being availed of (Regulations 7 and 8).