ISSUE 6
JANUARY 2006
FOOD RULES
The food legislation newsletter and advice
service for Yorkshire and Humber
INTRODUCTION FROM THE EDITOR
January 2006 is a major time for the food sector as EU legislation mow
requires all food businesses to have a food safety management system,
based on Hazard Analysis and Critical Control Points (HACCP), in place.
For the small company developing such a plan for the first time can be
daunting as the range of expertise required both to identify hazards and
their associated risk can be daunting.The initial steps in developing a
HACCP plan are outlined in this issue. In addition the Y&H Food
Technology Advisory Service (FTAS), authors of this article, can arrange
support to take you through the process.The law also now requires
that all food handlers must receive adequate supervision, instruction
and/or training for their work.
In the final part of this series on the BRC Global Food Standard, advice
on supplier assurance is covered. For many food products, particularly
those requiring little or no further cooking, supplier assurance will be a
major control point for ensuring the safety of your products. Again this
links to your HACCP plan.
The sector is characterised by intense product innovation. By continuing
to enhance and develop new products even the small manufacturer can
remain competitive. However, each product does require some thought
to ensure it complies with the requirements of food legislation. A simple
check list describing the main requirements is included. If these products
include food colorants then the final article gives a more definitive
statement on their use.
This newsletter is primarily trying to raise awareness and bring new
developments to your attention. If it raises issues which need
clarification or further thought please phone 0114 225 4226.
Queries will be dealt with in two or three stages
1. Following a telephone request from you we will contact you to
obtain an understanding of your areas of concern.
CONTENTS HACCP - What is it?
Supplier Assurance
New Product Development and
Legislation for the Small Business
Telephone: 0114 225 4226 E-mail: food.rules@shu.ac.uk
2. If the enquiry is relatively simple we will give you a statement of the
position within one week.
3. If the enquiry is more complex then we will consult the food law
section of Leatherhead Food International for a definitive position
statement. Answers that are backed by an expert team with many years
experience in food law.
This stage may require further consultation with you but should
normally be concluded within two weeks.There is no charge for this
basic advisory service for a small company.
Areas we cover include
• a summary of the current requirements in key areas including
labelling, claims, additives and composition
• indications of relevant developments in forthcoming legislation
• food hygiene requirements
• lists of E-numbers, applicable regulations and guidance - i.e. what
additive is allowed in what product.
It is not possible to give definitive advice on some aspects relating to
meat hygiene. However, Moira Stratford, at Humber (FTAS) Ltd,
telephone 01472 311222 extension 192, is able to give a more
comprehensive advice in this area. Other support, such as HACCP,
development quality management systems such as BRC or other
technical advice can be obtained from FTAS.
Previous issues can be accessed electronically either from FTAS or the
Food Innovation and Research Centre at Hallam:
www.ftasyh.co.uk
http://www.shu.ac.uk/research/firc/food/food_legis.html
Prof Geoff Le Grys
Colours in Food
What’s New
Supported by
The following reviews are
for guidance only. If you
have any specific issue please
telephone
0114 225 4226.
HACCP - WHAT
IS IT?
Probably the most used acronym
in the Food Industry! And
probably the least understood. It
is based on seven principles that
form the basis of any HACCP
plan.
✔ HACCP is a management tool that facilitates
the SAFE manufacture of food.
✔ PRINCIPLE 1 - It identifies hazards, where
they come from, or what causes them.
✔ It should measure the likelihood and severity
of risk posed by each identified hazard.
✔ PRINCIPLE 2 - It should establish at which
points in processing that control is absolutely
critical to food safety (Identify the critical
control points).
✔ PRINCIPLE 3 - Prevention and control
measures must be measurable to determine
unacceptable and acceptable processing
parameters (critical limits).
✔ PRINCIPLE 4 - The critical control points
must be monitored by a defined procedure.
✔ PRINCIPLE 5 - Procedures should be
established to return processes to within
acceptable parameters. Corrective actions
must ensure products are rendered safe or
disposed off.
✔ PRINCIPLE 6 - Procedures must be verified
to ensure that they are working effectively.
✔ PRINCIPLE 7 - It is usually documented and
will always form the core of any quality
management system in the food industry.
HACCP will not:
✖ increase profits, although it will help new
product development result in safe products
✖ improve or define quality
✖ save money but it may reduce wastage,
complaints and product recalls
✖ cover traceability
✖ ensure BRC accreditation, although it will
give compliance to the HACCP section of
any standard
✖ protect from prosecution if food safety fails
but may form part of a due diligence defence
If properly implemented, HACCP will ensure
staff are more closely involved in food safety
management and provide increased confidence
to managers. HACCP needs to be a living
process which needs continuous challenging
and review and requires someone on site to take
ownership for its management. A HACCP plan
is only as good as its day to day implementation.
HACCP - a little of how you
do it!
There is little doubt that to an inexperienced
person, completing a HACCP study that works
is difficult. Here are some easy steps that you
can take before you get some help.
• Decide which products you really need to
study first (either by highest volume or
greatest risk), in the full knowledge that you
will have to do them all eventually. If you
can, group like products and processes
together to limit the number of studies.
• Define who eats your products: there are
more risk factors to consider in feeding the
very young, very old, and very ill than the
general population.
• Decide where you want to start the study,
usually intake, and where it will end,
normally despatch.
• Draw up a process flow diagram that
accurately represents how you manufacture
the product. It may also be useful to mark
the progress of your product on a factory
floor plan.
Now is the time to call for a little help.
FTAS has developed a HACCP technique for
small businesses. It provides your team with the
appropriate experience, keeps the project on a
timetable to completion, and empowers,
motivates and mentors small business owners
to manage safe food manufacture.
In the next issue: HACCP Pre-requisites.
SUPPLIER
ASSURANCE
What is Supplier Assurance and
what benefits can it have to my
business? Supplier Assurance
means taking simple steps to try
to ensure that you only purchase
goods or materials from suppliers
who are capable of consistently
supplying good quality, safe and
legal products.
Companies who are already trading with major
retailers and foodservice buyers are likely to
have experienced, first hand, the Supplier
Assurance techniques employed by these
companies. Probing questionnaires, and site
visits are designed to minimise the risks to the
buyer.The BRC standard is, in itself, a Supplier
Assurance system which is designed with the
same purpose in mind. Buyers would not be
prepared to invest significant resources in
Supplier Assurance if there were not business
benefits associated with it.
Finding suitable suppliers can be a time-consuming
task and when at last what seems the right
product has been found at the right price, there
is great temptation to do a deal and place an
order. Resist it! Time spent now will avoid problems
in the future. Check out the product and the
supplier first, by getting a specification for the
goods and asking some probing questions.
A specification is important for several
reasons. It should describe the nature and
quality of the goods being traded. Check to
make sure it accurately represents the goods in
question. It should form the basis on which the
buyer is spending his/her hard-earned money
and can be referred to in case of disagreement
about quality and nature of the product. If a
specification is not forthcoming, the buyer
should proceed with extreme caution, since
this usually indicates that the supplier either
doesn’t know what he is selling or has
insufficient resources to control it.
A supplier questionnaire is a relatively
simple and effective way of finding out about a
supplier. Many manufacturers will have been on
the receiving end of these.The buyer has to
rely to a certain extent on the honesty of the
responder to give a true picture of the
manufacturing site but a visit to the factory by
the buyer always remains an option. Many
smaller manufacturers buy goods from wholesalers
or agents, so an appropriate questionnaire here
should probe their own Supplier Assurance
procedures.Traceability is now a legal requirement
so it is also wise to seek confirmation that a
supplier has a suitable system in place.
Factory visits by trained personnel should
leave the buyer in no doubt as to the suitability
of a potential supplier.They are of course costly
in terms of both time and resources so they
tend to be used where the risks of things going
wrong are higher. Generally speaking therefore,
it is advisable for a buyer to (arrange to) audit
a factory which is proposing to supply high risk
materials or ingredients.These visits are also an
opportunity to test the honesty of the
responses given to the earlier questionnaire.
Risk assessment is something that most of
us carry out every day without thinking about
it. It is relevant here in the context of assessing
what needs to be done to minimise the risk of
a new supplier adversely affecting one’s
business. Stop and think about the likelihood of
something going wrong and the severity of the
effect on the business. A HACCP study can
help here but it may not highlight potential
quality and legal risks associated with a
material. Examples include legal limits to
additive levels and minor variations in the
quality of a pre-mix having a major effect on
the quality of the finished product.
Having gathered the necessary information on
the supplier and the material under
consideration, you are now in a better position
to make a decision on whether or not to place
an order and what precautions are necessary
to ensure that any problems related to the
new material are identified and ironed out as
soon as possible.The use of ‘trial periods’ can
be helpful in assessing a supplier’s performance
over a defined period of time. A Certificate of
Analysis or Conformance with the consignment
can also be used to confirm that the material
meets the agreed specification.The receiving
factory may also wish to carry out additional
checks on the goods at the time of receipt and
before or during their use.
Supplier assessment should be ongoing.
Information gathered from a history of trading
will provide a useful means of assessing a
supplier’s ability to meet customer requirements.
Such tools at a factory’s disposal include
information recorded at Goods Receipt
(condition, quantity etc), complaint records and,
perhaps, analytical test records.
In the same way that you are assessed by some
of your customers, you can and should do the
same to your own suppliers in order to avoid
the problems caused by trading with unsuitable
companies.
If you are interested in learning more about
Supplier Assessment and how it can benefit your
business contact Sarah Knapper at the Food
Technology Advisory Service 01937 830799.
NEW PRODUCT
DEVELOPMENT
AND LEGISLATION
FOR THE SMALL
BUSINESS
What is a ‘new’ product?
A new product could be any of the following:
1. A completely new, innovative idea for your
company using ingredients and processes
which you currently aren’t using. An
example of this could be a product being
manufactured by a start up business or a
business diversifying into a new field.
2. It may be an existing product using an
existing process with a new ingredient in it
such as a range extension or a recipe
reformulation to improve cost and/or quality.
3. It also can be an existing product in a
different size format such as a smaller or
larger pack size to increase marketplace
penetration.
Depending on your new product and the
degree of change from your existing product
portfolio, the following legislation should be
considered:
Key legislation
1.The labelling and marking of food
A new product will need a new label and all of
the below are required to comply with the
Food Labelling regulations 1996.
•
•
the name of the food
a list of ingredients
• the quantity of certain ingredients or
categories of ingredients
• the appropriate durability indication
• any special storage conditions or conditions
of use
• the name and address of the manufacturer
Other points to consider:
• special dietary claims also carry
conditions in these regulations
• QUID also needs to be considered where
proportions in a recipe have been changed
Awareness of the latest additive legislation
and flavouring legislation governing the
formulation of new or existing products is also
vital in today’s tightly regulated markets.
2. Composition and labelling of
particular foods
Some foods have specific regulations for their
labelling which must be complied with , for
example - meat, fruit juices, confectionery,
slimming foods, jam, and bread - the list is
extensive and it is recommended that any new
product is checked for legality against their
relevant regulations.
Likewise, use of some new ingredients may fall
within the Food and Environment
Protection Act 1985 for foods which have
been imported from areas where
contamination may or not have been
controlled.
Novel Foods which are currently not regulated
by any specific legislation must be assessed
under the Novel Foods and Novel
Ingredients Regulations 1997.
3. Marketing the new product -
descriptions and designations
Products which make claims such as ‘organic’ or
make geographical or traditional recipe claims
are covered in specific regulations:
Organic Product regulations 1992
The protection of geographical indications
and designations of origin for agricultural
products and foodstuffs 1993
4. Other relevant legislation
The Trade Descriptions Act 1968 makes it
am offence to give false or misleading
statements about goods.
The Weights and Measures Act 1985
makes it an offence to declare the weight of
your product incorrectly.
For further information:
The Food Law Guide issued by the Food
Standards Agency gives detailed guidance for all
of the above see the link:
http://www.food.gov.uk/multimedia/pdfs/foodlaw.pdf
Deb Neeson
COLOURS IN
FOOD
The use of colours in foods is
controlled under the Colours in
Foods Regulations 1995 (+
amendments). Colours are
additives that are used for the
primary purpose of adding or
restoring colour to a food.
Ingredients that are used principally
for aromatic, taste or nutritive
reasons are not included, even
though they may have a secondary,
colouring role within the food.
Colours that are used in an inedible
external part of the food are also
excluded from the Regulations.
Permitted colours have E numbers in the range
E100 - E180, and must conform to the detailed
purity criteria set out in EC Directive 95/45.
Aluminium lakes prepared from permitted
colours are also allowed.These can be used to
give improved colour stability in fat-based foods.
Where relevant, maximum permitted levels of
colour are given, these are given as mg/kg and
refer to mg of colour per kg (or litre) of food
that is ready to eat, having been prepared in
accordance with any instructions for use. For
many colours the term ‘quantum satis’ is used
for the permitted level.This means no maximum
inclusion level has been set. However, usage
should be ‘in accordance with good manufacturing
practice at a level not higher than that necessary
to achieve the intended purpose and provided
that such use does not mislead the consumer’.
Four Schedules (numbers 2-5) in the
Regulations list the controls on colours and
their use in specific foods.The Schedules are
too long to quote in full but examples from
each are given below. Specific queries can be
dealt with by the Food Rules team, by Trading
Standards Officers, or by viewing the
Regulations at
www.opsi.gov.uk/legislation/statutoryinstruments/1
995/3124
Schedule 2 - Foods which may not contain
added colour unless specifically provided for
elsewhere in the Regulations.
Examples include:
Bottled or packed waters
Oils and fats of animal or vegetable origin
(but butter and margarine are exceptions -
see below)
Bread and similar products (but malt bread
is an exception - see below)
Pasta and gnocchi
Foods for infants and young children
Honey
Schedule 3 - Foods to which only certain
permitted colours may be added
Examples include:
WHAT’S NEW
UK - Additives - Amendment 'contains liquorice' unless the word liquorice
Food Permitted Maximum appears on the label.
colours level The Miscellaneous Food Additives (Amendment)
(England) Regulations 2005 came into force on Internet reference:
Malt bread E150a, b, c, d quantum satis
19 April 2005 with a transitional provision allowing http://www.hmso.gov.uk/si/si2005/20050899.htm
(Caramels)** in each case
food additives, foods or flavourings placed on
Butter E160a (Carotenes) quantum satis
the market or labelled before 27 January 2006 Weights and Measures -
Margarine E160a (Carotenes) quantum satis to continue to be sold until stocks are used up.
E100 (Curcumin) quantum satis Amongst other changes, the amendment introduces
Amendment
E160b (Annatto, 10mg/kg the new foodstuffs category 'flavouring' and The Weights and Measures (Miscellaneous
Bixin, Norbixin) Foods) (Amendment) Order 2005 has been
lays down provisions on the use of miscellaneous
Fruit- E120 (Cochineal, } 200mg/kg additives in this category. In addition there a minor published to amend the Weights and Measures
flavoured Carminic Acid, (individually or (Miscellaneous Foods) Order 1988.This Order
changes to a number of permitted additives both
breakfast Carmines) in combination) exempts from that requirement imports into
as to their definition, maximum quantities and use
cereals E162 (Beetroot
as an ingredient in compound foods. the UK of pre-packed foods made up in a
Red, Betanin)
quantity which is not specified in the 1988
E163 (Anthocyanins) Internet reference: Order from another Member State of the
Dried potato E100 (Curcumin) quantum satis http://www.legislation.hmso.gov.uk/si/si2005/2005 European Community, or one of the other States
granules and 1099.htm
flakes
in the European Economic Area, provided that
it is lawful to sell such packages in that quantity
UK - Labelling - Amendment in that other State. In addition, the amendment
** Note that ‘Caramel’ relates specifically to the brown provides for deletion of the prescribed
products intended for colouring and does not correspond The Food Labelling (Amendment) (England)
Regulations 2005 come into force on 20 May quantities for chocolate and cocoa products.
with the product obtained from heating sugars.
2006.They require confectionery or drinks Internet reference:
Schedule 4 - colours permitted for use in containing glycyrrhizinic acid and its ammonium http://www.opsi.gov.uk/si/si2005/uksi_20053057_
certain foods only salt above a stated amount to be labelled as en.pdf
Examples include:
Food Permitted Maximum
colour level This schedule lists: Foods listed in the Schedule include:
Kippers E154 (Brown FK) 20 mg/kg (a) colours that may be used, in each case at Foods maximum total
quantum satis, in foods other than those listed colour list (b)
External E173 (Aluminium) quantum satis
coating of in Schedules 2 and 3. Examples include: Non-alcoholic flavoured drinks 100mg/litre
sugar E140 Chlorophyll and Chlorphyllins; Confectionery 300mg/kg
confectionery E 153 Vegetable Carbon Desserts including flavoured 150mg/kg
for the E 162 Beetroot Red, Betanin milk products
decoration of
(b) colours that may be used either singly or in Edible ices 150mg/kg
cakes and
pastries
combination up to a total maximum level in Fine bakery wares 200mg/kg
foods listed within Schedule 5. Examples of
Edible cheese E180 (Litholrubine quantum satis Smoked fish 100mg/kg
rind BK)
colours include:
E102 Tartrazine Soups 50mg/kg
E110 Sunset Yellow FCF
Schedule 5 - further permitted colours in NB. For non-alcoholic flavoured drinks, edible ices,
E 122 Azorubine, Carmoisine desserts, fine bakery wares and confectionery, the
certain foods E 124 Ponceau 4R, Cochineal Red A maximum total colour level is as listed, but quantities
of E110, E122, E124 and E155 may not exceed
50mg/kg (or mg/litre).

Contacts Acknowledgements
Food Rules Sheffield Hallam and FTAS acknowledge the support of Yorkshire Forward,The Food Standards
The Food Innovation Centre Agency, DEFRA, Small Business Service of the DTI and Leatherhead Food International.
Sheffield Hallam University
Sheffield S1 1WB Disclaimer
Telephone 0114 225 4226 This newsletter is provided primarily to raise awareness by SMEs of current developments and
requirements of UK food legislation. However, food legislation is complex with many different
Food Technology Advisory Service factors to be considered. Food businesses or other users should consult the actual legislation or
Grimston Grange seek other expert advice. In the first instance this advice will be made available through the Food
Sherburn Road Innovation Centre at Sheffield Hallam University. Although the editors have tried to ensure the
Tadcaster LS24 9BX accuracy of the material presented, neither they nor Sheffield Hallam University will accept
Telephone 01937 830 799 responsibility for any loss arising from the use of these pages.
8686-01/06

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