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Draft legislation of the Federal Ministry of Food and Agriculture

Ordinance reorganising provisions of food law on food additives)

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Ordinance reorganising provisions of food law on food additives))

Dated 02 June 2021

The Federal Ministry of Food and Agriculture orders the following on the basis of

§ 4(2)(2) and § 4(3)(2); § 7(1)(1) and § 7(2)(1); § 13(1)(2), (5) and (6); § 13(3), first sentence, (1); and § 13(4)(1)(a); § 34, first sentence, (3) and (5); and § 35(1)(b)(aa) of the Food and Feed Code in the version published on 3 June 2013 (Federal Law Gazette I p. 1426), of which § 4(3); § 7(1) and (2); § 13(1) and (4); § 34, first sentence; and § 35 were amended by Article 67 of the Ordinance of 31 August 2015 (Federal Law Gazette I p. 1474), in agreement with the Federal Ministry of Economic Affairs and Energy,

§ 62(1)(1) and § 62(2)(a) of the Food and Feed Code in the version published on 3 June 2013 (Federal Law Gazette I p. 1426), as last amended by Article 97 of the Act of 19 June 2020 (Federal Law Gazette I p. 1328), and
of § 4(3)(2), of § 7(1)(1) and § 7(2)(1), of § 13(1)(2) and § 13(4)(1a), of § 34 first sentence (1) to (3) and (5) and of § 35 (1b)(aa), also in conjunction with § 4(2) of the Food and Feed Code in the version of the notice dated June 3, 2013 (Federal Law Gazette I p. 1426), of which § 4(3), § 7(1) and (2), § 13(1) and (4), § 34(1) and § 35 were amended by Article 67 of the Ordinance of August 31, 2015 (Federal Law Gazette I p. 1474), in agreement with the Federal Ministry for Economic Affairs and Energy,

of § 13(1)(5) and § 13(1)(6) and Paragraph 3 Clause 1 Number 1 and § 62(1)(1) and (2a), also in conjunction with § 4(2) of the Food and Feed Code in the version published on the 3rd June 2013 (Federal Law Gazette I p. 1426), of which § 13(1) was last amended by Article 67 of the Ordinance of August 31, 2015 (Federal Law Gazette I p. 1474) and § 62(1) was last amended by Article 10 of the Act of 27 August 2015. June 2017 (Federal Law Gazette I p. 1966) was changed, and

§ 3(1), first sentence of the Milk and Margarine Act of 25 July 1990 (Federal Law Gazette I p. 1471), as last amended by Article 2(2) of the Act of 18 January 2019 (Federal Law Gazette I p. 33), in agreement with the Federal Ministry of Economic Affairs and Energy:

Article 1
Article 1

Ordinance implementing Union legislation on food additives

(Food Additives Implementing Ordinance)
(Food Additives Implementing Ordinance) – de: Lebensmittelzusatzstoff-Durchführungsverordnung, LMZDV)

Scope of application

(1) This Ordinance shall apply by supplementing:

the provisions of Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16; L 105, 27.4.2010, p. 114; L 322, 21.11.2012 p. 8; L 123,19.5.2015, p. 122), as last amended by Regulation (EU) 2020/771 (OJ L 184, 12.6.2020, p. 25), and European Union legislation enacted on the basis thereof with respect to:

the use of food additives as defined in Article 3(2)(a) in conjunction with Article 2(2) of Regulation (EC) No 1333/2008, as amended; and
the provisions of Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16; L 105, 27.4.2010, p. 114; L 322, 21.11.2012 p. 8; L 123,19.5.2015, p. 122), as last amended by Regulation (EU) 2020/1819 (OJ L 406, 3.12.2020, p. 26), and European Union legislation enacted on the basis thereof with respect to

the use of food additives as defined in Article 3(2)(a) in conjunction with Article 2(2) of Regulation (EC) No 1333/2008, as amended; and the placing on the market and labelling of food additives and foods containing food additives;

the placing on the market and labelling of food additives and foods containing food additives; and

the provisions of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council

Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18; L 331, 18.11.2014, p. 41; L 50 of 21.2.2015, p. 48; L 266, 30.9.2016, p. 7), as last amended by Regulation (EU) 2015/2283 (OJ L 327, 11.12.2015, p. 1), with respect to the labelling of prepacked food within the meaning of Article 2(2)(e) of Regulation (EU) No 1169/2011, as amended, and non-prepacked food intended for supply to:
and the provisions of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18; L 331, 18.11.2014, p. 41; L 50 of 21.2.2015, p. 48; L 266, 30.9.2016, p. 7), as last amended by Regulation (EU) 2015/2283 (OJ L 327, 11.12.2015, p. 1), with respect to the labelling of prepacked food within the meaning of Article 2(2)(e) of Regulation (EU) No 1169/2011, as amended, and non-prepacked food intended for supply to:

final consumers within the meaning of Article 3(18) of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 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 (OJ L 31, 1.2.2002, p. 1), last amended by Regulation (EU) No 2019/1381 (OJ L 231, 6.9.2019, p. 1), as amended; or


Definitions

For the purposes of this Ordinance, non-prepacked food is food which is
For the purposes of this Ordinance, non- prepacked food is food which is

offered for sale without packaging,


in the case of foods containing aspartame (E 951) or aspartame-acesulfame salt (E 962), the information ‘contains a source of phenylalanine’;

in the case of foods with more than 10 % added polyols with numbers E 420, E 421, E 953 and E 965 to E 968, the indication ‘excessive consumption may induce laxative effects’.
in the case of foods with more than 10 percent added polyols with numbers E 420, E 421, E 953 and E 965 to E 968, the indication ‘excessive consumption may induce laxative effects’.

The indications under paragraph 1 shall be provided:

in accordance with Article 12(2) of Regulation (EU) No 1169/2011 or § 4(3) and (4) of the Food Information Implementing Ordinance of 5 July 2017 (Federal Law Gazette I p. 2272), as last amended by Article 1 of the Ordinance of 27 October 2020 (Federal Law Gazette I p. 2268);

where indications are mandatory under § 4(2) of the Food Information Implementing Ordinance, in the same manner via the same medium; and
in accordance with Article 12(2) of Regulation (EU) No 1169/2011 or § 4(3) and (4) of the Food Information Implementing Ordinance of 5 July 2017 (Federal Law Gazette I p. 2272), as last amended by Article 4 of the Ordinance of 18 November 2020 (Federal Law Gazette I p. 2504),

where indications are mandatory under § 4(2) of the Food Information Implementing Ordinance, in the same manner via the same medium, as the information according to § 4(2) of the Food Information Implementing Ordinance is to be provided, and

in the case of non-prepacked foods offered for sale by means of distance communication, in accordance with Article 14(1) of Regulation (EU) No 1169/2011.


in the case of food with a list of ingredients complying with the requirements for the indications referred to in Article 9(1)(b) in conjunction with Article 18 of Regulation (EU) No 1169/2011;

in the case of foods where all food additives used in the production of the food are listed in Annex VII, Part C to Regulation (EU) No 1169/2011, with their category designation followed by their specific name or E number on a notice displayed in the sales premises, in a written record or in electronic information packages provided by the food business operator and immediately and easily accessible to the final consumer; the written record or electronic information offers shall be displayed with the food or on a notice; or

in the case of foods containing food additives which, under Article 20 of Regulation (EU) No 1169/2011, are not required to be included in the list of ingredients.
in the case of foods where all food additives used in the production of the food are listed in Annex VII, Part C to Regulation (EU) No 1169/2011, with their category designation followed by their specific name or E number on a notice displayed in the sales premises, in a written record or in electronic information packages provided by the food business operator and immediately and easily accessible to the final consumer; the written record or electronic information offers shall be displayed with the food or on a notice;

or in the case of foods containing food additives which, under Article 20 of Regulation (EU) No 1169/2011, are not required to be included in the list of ingredients.

Prepacked table-top sweeteners may only be supplied to final consumers if:


in the case referred to in Article 23(3) of Regulation (EC) No 1333/2008, their labelling, also in conjunction with Article 23(5), is accompanied by the indication specified therein.

Paragraph 1(1) to (3) shall apply mutatis mutandis to the labelling of prepacked beverages containing more than 1.2 % alcohol by volume, subject to the requirement that the indications in accordance with Article 12(2) of Regulation (EU) No 1169/2011 be provided.
Paragraph 1(1) to (3) and paragraph 3(1) shall apply mutatis mutandis to the labelling of prepacked beverages containing more than 1.2 % alcohol by volume, subject to the requirement that the indications in accordance with Article 12(2) of Regulation (EU) No 1169/2011 be provided.

For fresh fruit and vegetables:


Under § 59(1)(21)(a) of the Food and Feed Code, penalties shall be imposed on anyone who:

introduces, keeps or stores nitrites in contravention of § 4(1), first sentence;

manufactures nitrite curing salt without approval in accordance with the first sentence of § 4(2); or
introduces, keeps or stores nitrites in contravention of § 4(1), first sentence,

manufactures nitrite curing salt without approval in accordance with the first sentence of § 4(2), or

manufactures nitrite curing salt in contravention of § 4(2), third sentence.

Under § 58(3)(2) and § 58(4) to (6) of the Food and Feed Code, penalties shall be imposed on anyone who, intentionally or negligently, places the following on the market in contravention of Article 5 in conjunction with Article 4(5) in conjunction with Article 14 in conjunction with Annex II, Part A, Section 2(1) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354; 31.12.2008, p. 16; L 105, 27.4.2010, p. 114; L 322, 21.11.2012, p. 8; L 138, 24.5.2013, p. 20; L 123, 19.5.2015, p. 122; L 214, 13.8.2015, p. 30; L 165, 23.6.2016, p. 24; L 282, 19.10.2016,

p. 84; L 82, 26.3.2018, p. 18; L 60, 28.2.2019, p. 35), as last amended by Regulation (EU) 2020/771 (OJ L 184, 12.6.2020, p. 25):

a food additive which does not comply with the specifications laid down in the Annex to Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1; L 189, 14.7.2016, p. 59; L 292, 27.10.2016, p. 50), as last amended by Regulation (EU) 2020/771 (OJ L 184, 12.6.2020, p. 25);
Under § 58(3)(2) and § 58(4) to (6) of the Food and Feed Code, penalties shall be imposed on anyone who, intentionally or negligently, places the following on the market in contravention of Article 5 in conjunction with Article 4(5) in conjunction with Article 14 in conjunction with Annex II, Part A, Section 2(1) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354; 31.12.2008, p. 16; L 105, 27.4.2010, p. 114; L 322, 21.11.2012, p. 8; L 138, 24.5.2013, p. 20; L 123, 19.5.2015, p. 122; L 214, 13.8.2015, p. 30; L 165, 23.6.2016, p. 24; L 282, 19.10.2016, p. 84; L 82, 26.3.2018, p. 18; L 60, 28.2.2019, p. 35), as last amended by Regulation (EU) 2020/771 (OJ L 184, 12.6.2020, p. 25):

a food additive which does not comply with the specifications laid down in the Annex to Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1; L 189, 14.7.2016, p. 59; L 292, 27.10.2016, p. 50), as last amended by Regulation (EU) 2020/771 (OJ L 184, 12.6.2020, p. 25),

a food containing a food additive not complying with the specifications laid down in the Annex to Regulation (EU) No 231/2012; or


a food additive which has been sterilised using ethylene oxide; or

a food containing a food additive sterilised using ethylene oxide.
a food containing a food additive sterilised using ethylene oxide,

Administrative offences


Anyone who deliberately or negligently commits the following acts shall be deemed to have committed an administrative offence within the meaning of § 60(2)(26)(a) of the Food and Feed Code:

places on the market or supplies in contravention of § 5(1)(1) to (3), in each case also in conjunction with paragraph 5, in contravention of § 5(1)(4) to (6) or (7), also in conjunction with paragraph 6, or § 5(1)(8) to (12); or
places on the market or supplies in contravention of § 5(1)(1) to (3), in each case also in conjunction with paragraph 5, in contravention of § 5(1)(4) to (6) or (7), also in conjunction with paragraph 6, or in contravention of § 5(1)(8) to (12); or

supplies table-top sweeteners in contravention of § 5(4).

Anyone who infringes Regulation (EC) No 1333/2008 by placing on the market a food additive, intentionally or negligently, in contravention of Article 21(1), first sentence, in conjunction with Article 22(1), (2) or (3) or in contravention of Article 23(1) shall be deemed to have committed an administrative offence within the meaning of § 60(4)(2)(a) of the Food and Feed Code.

Article 2
Article 2

Amendment to the Dietetic Foods Ordinance


§ 6 is deleted.

In § 25(4), second sentence, the words ‘§ 9 of the Ordinance on the approval of additives’ are replaced by the words ‘§ 5 of the Food Additives Implementing Ordinance’.
In § 25(4), second sentence, the words‘§ 9 of the Ordinance on the approval of additives’ are replaced by the words ‘§ 5 of the Food Additives Implementing Ordinance’.

In § 26(3), the words ‘§ 6, sentence 3,’ are deleted.

Article 3
Article 3

Amendment to the Milk Products Ordinance


The vitamins listed in Annex 2 may be used in the production of milk products for the purposes specified therein. The content of vitamins shall not exceed the maximum levels specified in Annex 2.

Spreadable fat products of milk origin referred to in points 2 and 3 of Annex 2 are dairy spreads as defined in points 2 to 4 of Section A of Appendix II to Annex VII to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671; L 189, 27.6.2014, p. 261; L 130,19.5.2016, p. 18; L 34, 9.2.2017, p. 41; L 106, 6.4.2020, p. 12), as last amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 (OJ L 350, 29.12.2017, p. 15).
Spreadable fat products of milk origin referred to in points 2 and 3 of Annex 2 are dairy spreads as defined in points 2 to 4 of Section A of Appendix II to Annex VII to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671; L 189, 27.6.2014, p. 261; L 130,19.5.2016, p. 18; L 34, 9.2.2017, p. 41; L 106, 6.4.2020, p. 12), as last amended by Regulation (EU) 2017/2393 (OJ L 350, 29.12.2017, p. 15).

The vitamins listed in Annex 2 may also be used in the production of added foods.

By way of derogation from § 16(1), first sentence, of the Food and Feed Code, there is no obligation to indicate the content of vitamins used in accordance with paragraphs 1 and 3. ‘§ 3(2)(3) remains unaffected.’
By way of derogation from § 16(1), first sentence, of the Food and Feed Code, there is no obligation to indicate the content of vitamins used in accordance with paragraphs 1 and 3. § 3(2)(3) remains unaffected.’

In § 7(2), the word ‘additives’ is replaced by the word ‘vitamins’.


Vitamins’.

In point 1, the word ‘additives’ is replaced by the word ‘vitamins’.

Article 4
In point 1, the word ‘additives’ is replaced by the word ‘vitamins’.

Article 4

Amendment to the Cheese Ordinance


‘matured only with cultures of Penicillium camemberti (Camembert mould) and Geotrichum candidum (geotrichum)’.

Article 5
Article 5

Amendment to the Butter Ordinance

§ 2(4) and § 5(5) of the Butter Ordinance of 3 February 1997 (Federal Law Gazette I p. 144), as last amended by Article 19 of the Ordinance of 5 July 2017 (Federal Law Gazette I p. 2272), are rescinded.

Article 6
Article 6

Amendment to the Ordinance implementing the Provisional Beer Act

In § 17(1), sentence 2 of the Ordinance implementing the Provisional Beer Act in the version published on 29 July 1993 (Federal Law Gazette I p. 1422), as last amended by Article 2 of the Ordinance of 8 December 2000 (Federal Law Gazette I p. 1686), the words ‘Ordinance on the approval of additives’ shall be replaced by the words ‘Food Additives Implementing Ordinance’.

Article 7