S.I. No. 147/1973 - Health (Preservatives in Food) Regulations, 1973.

1. The label to which sub-article (1) of article 14 relates shall have printed on it a statement in one of the following forms or in a form substantially to the like effect:—

CONTAINS PRESERVATIVE.

or

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 article 15 relates shall have printed on it a true statement of

(

a

) the serial number, if any, and the name as described in the Second Schedule to these Regulations of each permitted preservative present;

(

b

) the name, in the case of a mixture of substances, of the mixed product; and

(

c

) the percentage of each permitted preservative present.

3. Each such statement shall be headed or preceded by the words "for foodstuffs (limited use)".

4. The label to which sub-article (6) of article 11 relates shall have printed on it the statement specified in paragraphs 2 and 3 of this Schedule and, in addition, the words "not for retail sale".

5. Any statement by paragraphs 1 to 4 of this Schedule

(

a

) shall be clear and legible;

(

b

) shall be in a conspicuous position on the label which shall be marked on, or securely attached to, the container in such a manner that it will be readily discernible and easily read by an intending purchaser or consumer under normal conditions of purchase or use;

(

c

) shall not be in any way hidden or obscured or reduced in conspicuousness by any other matter, whether pictorial or not, appearing on the label.

6. The letters and figures in every word in any statement to which paragraph 5 above applies

(

a

) shall be in characters of uniform colour and size (being in the case of a label to which article 15 relates not less than 1·5 millimetres in height for containers of which the greatest dimension does not exceed 12 centimetres, and not less than 3 millimetres in height for containers of which the greatest dimension exceeds 12 centimetres and being in all other cases not less than 1·5 millimetres in height) provided that the initial letter of any word may be taller than any other letter in the word;

(

b

) shall appear on a contrasting ground, so however that where there is no ground other than such as is provided by a transparent container and the contents of that container are visible behind the letters, those contents shall be taken to be the ground for the purposes of this paragraph.

7. A container referred to in Article 15 shall have on it the name and address of the person importing or the person selling or exposing for sale the preservative packed in the container or, if the preservative is manufactured within the State, the name of the manufacturer of the preservative.

8. For the purposes of this Schedule

(

a

) the height of any lower case letter shall be taken to be the height thereof, disregarding any ascender or descender thereof;

(

b

) any requirement that letters or figures shall be of uniform height, colour or size shall be construed as being subject to the saver that any inconsiderable variation in height, colour or size, as the case may be, may be disregarded.

GIVEN under the Official Seal of the Minister for Health this 11th day of June, 1973.

BRENDAN CORISH,

Minister for Health.

EXPLANATORY NOTE

These Regulations which come into operation on 1st July, 1974 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.

The Regulations also 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 certain 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. They prescribe labelling requirements for 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.

The Health (Preservatives in Food) Regulations, 1972 (

S.I. No. 43 of 1972

) and the Health (Preservatives in Food) (Amendment) Regulations, 1972 (

S.I. No. 302 of 1972

) are being revoked on 1st July, 1974.

9. 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.

10. 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 other than a permitted preservative described in Part II of the Second Schedule to these Regulations.

11. (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 such 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 paragraph (

b

) 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.

(4) 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.

(5) 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 it is packed in a container bearing a label which complies with the requirements for such a label specified in the Fifth Schedule to the Regulations.

12. (1) Notwithstanding sub-article (1) of Article 11 of these Regulations the permitted preservatives described in the Second Schedule to these Regulations under Serial Numbers E 230, E 231, E 232 and E 233 may be contained only on the surface of the specified foods described in the first column of the First Schedule to these Regulations in relation to such preservatives.

(2) A person shall not import, distribute, sell or expose for sale a specified food which has on it a permitted preservative referred to in sub-article (1) of this article unless—

(

a

) in the case of a sale by retail, pre-packed, there appears on a label attached to or borne on the container of the food or, in the case of a sale, other than pre-packed, by retail there appears on a ticket displayed on or in immediate proximity to the food, the words "Treated with preservative", provided that the common or usual name or description of the permitted preservative may be substituted for the word "preservative";

(

b

) in the case of a sale otherwise than by retail there appears on one exterior surface of the container and on the invoice or other document delivered to the purchaser, the words "Treated with diphenyl", "Treated with ortho-phenylphenol", "Treated with ortho-phenylphenate" or "Treated with thiabendazole", as appropriate.

13. (1) An authorised officer shall comply with the requirements specified in Part I of the Fourth Schedule to these Regulations when taking a sample of citrus fruit for the purposes of these Regulations.

(2) The approved examiner or a person under his direction shall assay and determine the content of diphenyl, orthophenylphenol and sodium orthophenylphenate on citrus fruit in accordance with the methods of analysis specified in Part II of the Fourth Schedule to these Regulations.

PART III.

Labelling and Advertising

14. (1) Subject to the provisions of these Regulations a person shall not import, distribute, sell or expose for sale any food (other than beer (including stout and porter) cider and wine (including alcoholic cordials) or food referred to in sub-article (1) of article 12) which contains any permitted preservative described in Part I of the Second Schedule to these Regulations in respect of such food, unless it is packed in a container bearing a label which complies with the requirements for such a label specified in the Fifth 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) (

a

) In the case of a soft drink as defined in the First Schedule to these Regulations a 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 (2) of this article shall cease to have effect on the 31st day of December, 1981.

(3) 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.

15. 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 which complies with the requirements for such a label specified in the Fifth Schedule to these Regulations.

16. (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 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

Column 2

Column 3

Specified Food

Permitted Preservative

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

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

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

or thiabendazole

70

12

6

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

Bananas

Thiabendazole

3

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

benzoic acid

70

2,000

Ham

Sodium nitrate

Sodium nitrite

500

200

Horseradish, fresh grated

Sulphur dioxide

or methyl para-hydroxy-benzoate

or propyl para-hydroxy-benzoate

100

250

250

Jam, including marmalade, jelly- marmalade 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-hydroxy-benzoate

or propyl para-hydroxy-benzoate

100

260

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-hydroxy-benzoate

or propyl para-hydroxy-benzoate

2,000

2,000

2,000

Sauce

Sulphur dioxide

or methyl para-hydroxy-benzoate

or propyl para-hydroxy-benzoate

100

250

250

Sausage or sausage meat

Sulphur dioxide

450

Silicone antifoam 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 glucose drink in which the content of the glucose syrup is not less than 23·5 lb. per 10 gallons;

Sulphur dioxide

or benzoic acid

350

800

(iv) any soft drink for consumption without dilution, other than a soft drink specified at (i), (ii) or (iii) above;

Sulphur dioxide

or benzoic acid

70

160

(v) any soft drink for consumption after dilution;

Sulphur dioxide

or benzoic acid

350

800

(vi) comminuted citrus base for the preparation of soft drinks

Sulphur dioxide

or benzoic acid

350

800

Starch, prepared

Sulphur dioxide

100

Starch, hydrolysed (solid)

Sulphur dioxide

70

Starch, hydrolysed (syrup)

Sulphur dioxide

450

Sugar or sugar syrups

Sulphur dioxide

70

Tea extract, liquid

Benzoic acid

450

Tomato pulp, paste or purée

Sulphur dioxide

or meyhyl para-hydroxy-benzoate

or propyl para-hydroxy-benzoate

350

800

800

Vegetables, dehydrated (other than cabbage or potato)

Sulphur dioxide

2,000

Vinegar

Sulphur dioxide

70

Wine (including alcoholic cordials)

Sulphur dioxide

or sorbic acid

450

600

SECOND SCHEDULE.

PERMITTED PRESERVATIVES.

PART I.

Preservative

Alternative form of preservative which may be used

Serial Number

Name

Serial Number

Name

E.200

Sorbic acid

E.201

Sodium Sorbate

E.202

Potassium sorbate

E.203

Calcium sorbate

E.210

Benzoic acid

E.211

Sodium benzoate

E.212

Potassium benzoate

E.213

Calcium benzoate

E.214

Ethyl para-hydroxybenzoate

E.215

Sodium ethyl para-hydroxybenzoate

E.216

Propyl para-hydroxybenzoate

E.217

Sodium propyl para-hydroxybenzoate

E.218

Methyl para-hydroxybenzoate

Sodium methyl para-hydroxybenzoate

E.220

Sulphur dioxide

E.221

Sodium sulphite

E.222

Sodium bisulphite

E.223

Sodium disulphite

E.224

Potassium pyrosulphite

E.226

Calcium sulphite

E.227

Calcium bisulphite

E.230

Diphenyl (biphenyl)

E.231

Orthophenylphenol

E.232

Sodium orthophenylphenate

E.233

Thiabendazole

E.250

Sodium nitrite

Potassium nitrite

E.251

Sodium nitrate

E.252

Potassium nitrate

E.280

Propionic acid

E.281

Sodium propionate

E.282

Calcium propionate

PART II.

E.260

Acetic acid

E.261

Potassium acetate

E.262

Sodium diacetate

E.263

Calcium acetate

E.270

Lactic acid

E.290

Carbon dioxide

THIRD SCHEDULE.

PART I.

GENERAL PURITY CRITERIA.

Unless otherwise provided in the specific criteria in Part II of this Schedule the preservatives referred to in the Second Schedule to these Regulations shall comply with the following criteria of purity:—

S.I. No. 147 of 1973.

HEALTH (PRESERVATIVES IN FOOD) REGULATIONS, 1973.

The Minister for Health in exercise of the powers conferred on him by

sections 5

,

54

,

58

and

59

of the

Health Act, 1947

(No. 28 of 1947), subsection (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