The Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of that Act(2).
There has been consultation, as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3), during the preparation and evaluation of the following Regulations.
1.—(1) These Regulations may be cited as the Caseins and Caseinates (England) Regulations 2017 and come into force on 26th September 2017.
(2) They only apply in relation to England.
2. In these Regulations—
“edible acid casein” means a milk product obtained by separating, washing and drying the acid-precipitated coagulum of skimmed milk and/or of other products obtained from milk, and complying with the standards set out in Schedule 1;
“edible caseinate” means a milk product obtained by action of edible casein or edible casein curd coagulum with neutralizing agents, followed by drying, and complying with the standards set out in Schedule 2;
“edible rennet casein” means a milk product obtained by separating, washing and drying the coagulum of skimmed milk and/or other products from milk; the coagulum is obtained through the reaction of rennet or other coagulating enzymes, and complying with the standards set out in Schedule 3;
“mixture” means a product composed of any two, or all three, of edible acid casein, edible caseinate and edible rennet casein.
3.—(1) No person may market a product as—
(a)an edible acid casein;
(b)an edible caseinate;
(c)an edible rennet casein; or
(d)a mixture,
unless it satisfies conditions 1 and 2.
(2) Condition 1 is that the product is an edible acid casein, edible caseinate, edible rennet casein or a mixture (as applicable).
(3) Condition 2 is that the product satisfies the applicable labelling requirements in regulation 4.
4.—(1) The labelling requirements are those set out in paragraphs (2) to (4).
(2) The product’s package, container or label must be marked with—
(a)in the case of a product which is not a mixture, whichever of the following markings is applicable—
(i)“edible acid casein”;
(ii)“edible caseinate”;
(iii)“edible rennet casein”,
with, in the case of an edible caseinate, an indication of any cation used.
(b)in the case of a mixture—
(i)the words ‘mixture of’ followed by the names of the different products of which the mixture is composed, in decreasing order of weight; and
(ii)in the case of a mixture containing edible caseinate—
(aa)an indication of any cation used; and
(bb)the protein content of the mixture;
(c)the net quantity of the product, expressed in kilograms or grams;
(d)the name, or business name, and address of the food business operator under whose name, or business name, the product is marketed or, if that food business operator is not established in the EU, the importer into the EU market;
(e)in the case of a product imported from a country which is not a member State, the name of the country of origin; and
(f)the lot identification of the product or the date of production.
(3) But the package, container or label need not be marked with the particulars referred to in paragraph (2)(b)(ii)(bb), (c), (d) or (e) if those particulars are marked in a document accompanying the product.
(4) A marking required under paragraph (2) or contained in a document as described in paragraph (3) must be—
(a)in easily visible, clearly legible and indelible characters; and
(b)in English, either exclusively or in addition to any other language.
(5) Where the minimum milk protein content standards applicable to a product are exceeded, nothing in these Regulations prevents that fact being marked on the product’s package, container or label.
(6) In this regulation—
(a)“cation” refers to a neutralizing or buffering agent mentioned in table 4 of Schedule 2;
(b)“minimum milk protein content standards” means the standards set out at item 2 in table 1 of Schedule 1, 2 or 3 (as applicable).
5.—(1) This regulation applies to a product which is, or contains, a casein or caseinate that does not comply with the contaminants and impurities standards.
(2) No person may use the product for the preparation of food.
(3) Paragraph (4) applies if the product may be lawfully marketed for a purpose other than the preparation of food.
(4) No person may market the product unless it is named and labelled in such a way that the purchaser is not misled as to its nature, quality or intended use.
(5) In this regulation, “the contaminants and impurities standards” are those set out in Schedule 4.
6. Each food authority must enforce and execute these Regulations in its area.
7. The provisions of the Food Safety Act 1990 specified in column 1 of the table in Schedule 5 apply, with the modifications specified in column 2 of the table, for the purposes of these Regulations.
8. The following Regulations are revoked—
(a)the Caseins and Caseinates Regulations 1985(4);
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