SUBSIDIARY LEGISLATION SWEETENERS FOR USE IN FOODSTUFFS REGULATIONS

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SWEETENERS FOR USE IN FOODSTUFFS [S.L.231.44 1 SUBSIDIARY LEGISLATION 231.44 SWEETENERS FOR USE IN FOODSTUFFS REGULATIONS LEGAL NOTICE 268 of 2000. 1st January, 2001 1.1 The title of these regulations is the Sweeteners for Use in Foodstuffs Regulations. 2.1 These regulations shall apply to sweeteners which are used - in the preparation of foodstuffs to impart a sweet taste to foodstuffs, as table top sweeteners. 2.2 These regulations shall not apply to foodstuffs with sweetening properties. 3.1 In these regulations, unless the context otherwise requires: "Act" means the Food, Drugs and Drinking Water Act; "energy-reduced" means with an energy value reduced by at least 30% compared with the original foodstuff or a similar product; "food" has the same meaning as defined in the Act; "infants" means children under the age of twelve months; "" means that no maximum level is specified; however, sweeteners shall be used in accordance with good manufacturing practice, at a dose level not higher than is necessary to achieve the intended purpose and provided the consumer is not misled; "with no added sugar" means without any added mono- or disaccharides or any other foodstuff used for its sweetening properties; "young children" means children aged between one and three years. 4.1 Only sweeteners listed in the Schedule may be placed on the market with a view to - sale to the ultimate consumer, or use in the manufacture of foodstuffs. 4.2 Sweeteners referred to in regulation 4.1 may only be used in the manufacture of those foodstuffs listed in the Schedule and in accordance with the conditions specified therein. 4.3 The provisions of regulations 4.1 and 4.2 shall supersede any other requirement in any other regulations which are in conflict with these regulations. 4.4 Sweeteners may not be used in food for infants and young Title. Scope and applicability. Interpretation. Cap. 231. Permitted sweeteners.

2 [S.L.231.44 SWEETENERS FOR USE IN FOODSTUFFS Provisions of other legal notices. Table-top sweeteners. Foodstuffs containing sweeteners. children, including food for infants and young children who are not in good health, unless otherwise laid down in specific provisions. 4.5 The maximum usuable doses indicated in the Schedule refer to ready-to-eat foodstuffs, prepared according to the instructions for use, where appropriate. 4.6 Without prejudice to other provisions, the presence of a sweetener in foodstuffs is also permissible - in compound foods with no added sugar or energyreduced, in compound dietary foods intended for a low-calorie diet and in compound foods with a long shelf-life, other than those mentioned in regulation 4.4, provided the sweetener is permitted in one of the ingredients of the compound foodstuffs; if the foodstuff is intended to be used solely in the preparation of a compound foodstuff which conforms to these regulations. 5.1 These regulations shall apply without prejudice to specific regulations permitting additives listed in the Schedule to be used for purposes other than sweetening. 5.2 These regulations shall also apply without prejudice to other provisions governing the composition and the description of foodstuffs. 6.1 The sales description of a table-top sweetener must include the term - "... based table-top sweetener", using all names of all sweetening substances used in its composition. 6.2 The labelling of a table-top sweetener containing polyols and/or aspartame must bear the following warnings: aspartame: "contains a source of phenylalanine"; polyols: "excessive consumption may induce laxative effects". 7.1 Foodstuffs may contain a permitted sweetener or a mixture of two or more permitted sweeteners as specified in the Schedule, provided that the amount of each sweetener added does not exceed the respective maximum usable doses specified for that sweetener, and that the total amount of the added sweeteners does not exceed the highest value of the specified maximum usable doses for the sweeteners used. S.L.231.27 7.2 In addition to the provisions laid down in the Labelling, Presentation and Advertising of Foodstuffs Regulations, foodstuffs containing a sweetener or sweeteners shall be labelled with the words "with sweetener(s)" accompanying the name under which the product is sold. 7.3 For sweeteners containing both an added sugar or sugars and a sweetener or sweeteners, the provisions of regulation 7.2 shall apply except that the words "with sweetener(s)" shall be substituted by the words "with sugar(s) and sweetener(s)". 7.4 In addition to the provisions of regulations 7.2 or 7.3,

SWEETENERS FOR USE IN FOODSTUFFS [S.L.231.44 3 foodstuffs containing aspartame and/or more than 10% added polyols shall bear the warnings specified in regulation 6.2 and. 8.1 Sweeteners intended for use in foodstuffs or as table-top sweeteners must comply with the criteria of purity laid down in European Community Directive 95/31/EC, as amended. Purity criteria.

4 [S.L.231.44 SWEETENERS FOR USE IN FOODSTUFFS Foodstuffs Desserts and similar products (energy reduced or with no added sugar SCHEDULE List of Permitted Sweeteners EC Number and name of sweeteners E 420 Sorbitol (i) Sorbitol (ii) Sorbitol syrup Maximum usable dose Water-based flavoured desserts E 421 Mannitol Milk- and milk-derivative-based preparations Fruit- and vegetable-based desserts E 953 Isomalt E 965 Maltitol (i) Maltitol (ii) Maltitol syrup Egg-based desserts E 966 Lactitol Cereal-based desserts E 967 Xylitol Breakfast cereals or cereal-based products Fat-based desserts Edible ices Jams, jellies, marmalades and crystallized fruit Fruit preparations, with the exception of those intended for the manufacture of fruit juice-based drinks Confectionery: Confectionery with no added sugar Dried-fruit-based confectionery, energy reduced or with no added sugar Starch-based confectionery, energyreduced or with no added sugar Cocoa-based products, energy reduced or with no added sugar E 420 Sorbitol (i) Sorbitol (ii) Sorbitol syrup E 421 Mannitol E 953 Isomalt E 965 Maltitol (i) Maltitol (ii) Maltitol syrup Cocoa-, milk-, dried-fruit- or fat-based E 966 Lactitol sandwich spreads, energy reduced or with no added sugar Chewing gum with no added sugar E 967 Xylitol Sauces Mustard Fine bakery products, energy reduced or with no added sugar Products intended for particular nutritional uses Solid food supplements/dietary integrators

SWEETENERS FOR USE IN FOODSTUFFS [S.L.231.44 5 Maximum usable dose Foodstuffs E 950 E 951 E 952 E 954 E 957 E 959 Non-alcoholic drinks Acesulfame K Aspartame Cyclamic acid and its Na and Ca Saccharin and its Na, K and Ca Thaumatin Neohesperidine DC Water-based flavoured drinks, added sugar 350mg/l 600mg/l 400mg/l 80mg/l - 30mg/l Milk- and milk derivativebased drinks, energy-reduced or with no added sugar 350mg/l 600mg/l 400mg/l 80mg/l - 30mg/l Fruit juice-based drinks, added sugar 350mg/l 600mg/l 400mg/l 80mg/l - 30mg/l Gaseosa: non-alcoholic water-based drink with added carbon dioxide, sweeteners and flavourings - - - 100mg/l - - Desserts and similar products The following desserts, added sugar: water-based flavoured desserts, milk- and milk derivative-based preparations, fruit- and vegetable-based desserts, egg-based desserts, cerealbased desserts, fat-based desserts 350mg/kg 1000mg/kg 250mg/kg 100mg/kg - 50mg/kg Snacks: certain flavours of ready-to-eat, prepacked, dry, savoury starch products and coated nuts 350mg/kg 500mg/kg - 100mg/kg - 50mg/kg Breakfast cereals with a fibre content of more than 15% and containing at least 20% bran, added sugar 1200mg/kg 1000mg/kg - 100mg/kg - 50mg/kg Confectionery Confectionery with no added sugar 500mg/kg 1000mg/kg 500mg/kg 500mg/kg 50mg/kg 100mg/kg Cocoa- or dried-fruit-based confectionery, energyreduced or with no added sugar 500mg/kg 2000mg/kg 500mg/kg 500mg/kg 50mg/kg 100mg/kg Starch-based confectionery, added sugar 1000mg/kg 2000mg/kg 500mg/kg 300mg/kg - 150mg/kg Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, added sugar 1000mg/kg 1000mg/kg 500mg/kg 200mg/kg - 50mg/kg Chewing gum with no added sugar 2000mg/kg 5500mg/kg 1500mg/kg 1200mg/kg 50mg/kg 400mg/kg Essoblaten 2000mg/kg - - 800mg/kg - - Breath-freshening microsweets, with no added sugar 2500mg/kg 6000mg/kg 2500mg/kg 3000mg/kg - 400mg/kg Energy-reduced tablet-form confectionery 500mg/kg - - - - -

6 [S.L.231.44 SWEETENERS FOR USE IN FOODSTUFFS Strongly flavoured freshening throat pastilles with no added sugar - 2000mg/kg - - - - Alcoholic drinks Cider and perry 350mg/l 600mg/l - 80mg/l - 20mg/l Alcohol-free beer or with an alcohol content not exceeding 1.2% vol. Bière de table/tefelbier/table beer (original wort content less than 6%) except Obergäriges Einfachbier Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH Brown beers of the oud bruin type 350mg/l 600mg/l - 80mg/l - 10mg/l Energy-reduced beer 25mg/l 25mg/l - - - 10mg/l Drinks consisting of a mixture of a non-alcoholic drink and wine, beer, perry, cider or spirits 350mg/l 600mg/l 250mg/l 80mg/l - 30mg/l Spirit drinks containing less than 15% alcohol by volume 350mg/l 600mg/l - 80mg/l - 30mg/l Edible ices Edible ices, energy-reduced or with no added sugar 800mg/kg 800mg/kg 250mg/kg 100mg/kg 50mg/kg 50mg/kg Cornets and wafers for ice cream with no added sugar 2000mg/kg - - 800mg/kg - 50mg/kg Fruit and vegetables Canned or bottled fruit, added sugar 350mg/kg 1000mg/kg 1000mg/kg 200mg/kg - 50mg/kg Energy-reduced jams, jellies and marmalades 1000mg/kg 1000mg/kg 1000mg/kg 200mg/kg - 50mg/kg Energy-reduced fruit and vegetable preparations 350mg/kg 1000mg/kg 250mg/kg 200mg/kg - 50mg/kg Sweet-sour preserves of fruit and vegetables 200mg/kg 300mg/kg - 160mg/kg - 100mg/kg Fish, crustaceans, molluscs Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs 200mg/kg 300mg/kg - 160mg/kg - 30mg/kg Miscellaneous Sauces 350mg/kg 350mg/kg - 160mg/kg - 50mg/kg Mustard 350mg/kg 350mg/kg - 320mg/kg - 50mg/kg Energy-reduced soups 110mg/l 110mg/l - 110mg/l - 50mg/l Feinkostsalat 350mg/kg 350mg/kg - 160mg/kg - 50mg/kg Bakery products Fine bakery products for special nutritional uses 1000mg/kg 1700mg/kg 1600mg/kg 170mg/kg - 150mg/kg Special diets Maximum usable dose Foodstuffs E 950 E 951 E 952 E 954 E 957 E 959 Acesulfame K Aspartame Cyclamic acid and its Na and Ca Saccharin and its Na, K and Ca Thaumatin Neohesperidine DC

SWEETENERS FOR USE IN FOODSTUFFS [S.L.231.44 7 Maximum usable dose Foodstuffs E 950 E 951 E 952 E 954 E 957 E 959 Acesulfame K Aspartame Cyclamic acid and its Na and Ca Saccharin and its Na, K and Ca Thaumatin Neohesperidine DC Complete formulae for weight control intended to replace total daily food intake or an individual meal 450mg/kg 800mg/kg 400mg/kg 240mg/kg - 100mg/kg Complete formulae and nutritional supplements for use under medical supervision 450mg/kg 1000mg/kg 400mg/kg 200mg/kg - 100mg/kg Liquid food supplements/ dietary integrators 350mg/l 600mg/l 400mg/l 80mg/l - 50mg/l Solid food supplements/ dietary integrators 500mg/kg 2000mg/kg 500mg/kg 500mg/kg - 100mg/kg Food supplements/diet integrators based on vitamins and/or mineral elements, syrup-type or chewable 2000mg/kg 5500mg/kg 1250mg/kg 1200mg/kg 400mg/kg 400mg/kg