Commission Directive 2006/129/EC of 8 December 2006 amending and correcting Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners (Text with EEA relevance)
Commission Directive 2006/129/ECof 8 December 2006amending and correcting Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners(Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumptionOJ L 40, 11.2.1989, p. 27. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1)., and in particular Article 3(3)(a) thereof,After consulting the Scientific Committee on Food and the European Food Safety Authority,Whereas:(1)Commission Directive 96/77/ECOJ L 339, 30.12.1996, p. 1. Directive as last amended by Directive 2004/45/EC (OJ L 113, 20.4.2004, p. 19). of 2 December 1996 laying down specific purity criteria on food additives other than colours and sweeteners sets out the purity criteria for the additives mentioned in Directive 95/2/EC of the European Parliament and of the Council of 20 February 1995 on food additives other than colours and sweetenersOJ L 61, 18.3.1995, p. 1. Directive as last amended by Directive 2006/52/EC (OJ L 204, 26.7.2006, p. 10)..(2)It is appropriate to withdraw the purity criteria for E 216 propyl p-hydroxybenzoate and E 217 sodium propyl p-hydroxybenzoate which are no longer permitted for use as food additives.(3)A number of language versions of Directive 96/77/EC contain errors regarding the following substances: E 307 alpha-tocopherol, E 315 erythorbic acid, E 415 xanthan gum. Those errors need to be corrected. In addition it is necessary to take into account the specifications and analytical techniques for additives as set out in the Codex Alimentarius as drafted by the Joint FAO/WHO Expert Committee on Food Additives (JECFA). In particular where appropriate, the specific purity criteria have been adapted to reflect the limits for individual heavy metals of interest. For reasons of clarity the whole text concerning those substances should be replaced.(4)The level of sulphated ash in the purity criteria for E 472c citric acid esters of mono- and diglycerides of fatty acids should be amended in order to cover partially or wholly neutralised products.(5)It is necessary to ensure that E 559 aluminium silicate is produced from raw kaolinitic clay which is free from unacceptable dioxin contamination. The presence of dioxin in the raw kaolinitic clay should therefore be restricted to the lowest possible level.(6)It is necessary to adopt specifications for the new food additives authorised through Directive 2006/52/EC of the European Parliament and of the Council of 5 July 2006 amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs: E 319 tertiary-butylhydroquinone (TBHQ), E 426 soybean hemicellulose, E 462 ethyl cellulose, E 586 4-hexylresorcinol, E 1204 pullulan and E 1452 starch aluminium octenyl succinate.(7)Directive 96/77/EC should therefore be amended and corrected accordingly.(8)The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:
Article 1The Annex to Directive 96/77/EC is amended and corrected in accordance with the Annex to this Directive.
Article 21.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 February 2008 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 4This Directive is addressed to the Member States.
Done at Brussels, 8 December 2006.For the CommissionMarkos KyprianouMember of the CommissionANNEXThe Annex to Directive 96/77/EC is amended and corrected as follows:1.The texts concerning E 216 propyl p-hydroxybenzoate and E 217 sodium propyl p-hydroxybenzoate are deleted.2.The text concerning E 307 alpha-tocopherol is replaced by the following:
"E 307 ALPHA-TOCOPHEROLDefinitionIdentificationPurity
SynonymsDL-α-Tocopherol
Chemical nameDL-5,7,8-TrimethyltocolDL-2,5,7,8-Tetramethyl-2-(4′,8′,12′-trimethyltridecyl)-6-chromanol
Einecs233-466-0
Chemical formulaC29H50O2
Molecular weight430,71
AssayContent not less than 96 %
DescriptionSlightly yellow to amber, nearly odourless, clear, viscous oil which oxidizes and darkens on exposure to air or light
A.Solubility testsInsoluble in water, freely soluble in ethanol, miscible in ether
B.SpectrophotometryIn absolute ethanol the maximum absorption is about 292 nm
Refractive indexnD20 1,503 to 1,507
Specific absorption E1 %1 cm in ethanolE1 %1 cm (292 nm) 72 to 76(0,01 g in 200 ml of absolute ethanol)
Sulphated ashNot more than 0,1 %
Specific rotation[α]25D0° ± 0,05° (1 in 10 solution in chloroform)
LeadNot more than 2 mg/kg"
3.The text concerning E 315 erythorbic acid is replaced by the following:
"E 315 ERYTHORBIC ACIDDefinitionIdentificationPurity
SynonymsIsoascorbic acidD-Araboascorbic acid
Chemical nameD-Erythro-hex-2-enoic acid γ-lactoneIsoascorbic acidD-Isoascorbic acid
Einecs201-928-0
Chemical formulaC6H8O6
Molecular weight176,13
AssayContent not less than 98 % on the anhydrous basis
DescriptionWhite to slightly yellow crystalline solid which darkens gradually on exposure to light
A.Melting rangeAbout 164 °C to 172 °C with decomposition
B.Positive test for ascorbic acid/colour reaction
Loss on dryingNot more than 0,4 % after drying under reduced pressure on silica gel for 3 hours
Sulphated ashNot more than 0,3 %
Specific rotation[α]25D10 % (w/v) aqueous solution between – 16,5° to – 18,0°
OxalateTo a solution of 1 g in 10 ml of water add 2 drops of glacial acetic acid and 5 ml of 10 % calcium acetate solution. The solution should remain clear
LeadNot more than 2 mg/kg"
4.The following text concerning E 319 tertiary-butylhydroquinone (TBHQ) is inserted after E 316 sodium erythorbate:
"E 319 TERTIARY-BUTYLHYDROQUINONE (TBHQ)DefinitionIdentificationPurity
SynonymsTBHQ
Chemical namesTert-butyl-1,4-benzenediol2-(1,1-Dimethylethyl)-1,4-benzenediol
Einecs217-752-2
Chemical formulaC10H14O2
Molecular weight166,22
AssayContent not less than 99 % of C10H14O2
DescriptionWhite crystalline solid having a characteristic odour
A.SolubilityPractically insoluble in water; soluble in ethanol
B.Melting pointNot less than 126,5 °C
C.PhenolicsDissolve about 5 mg of the sample in 10 ml of methanol and add 10,5 ml of dimethylamine solution (1 in 4). A red to pink colour is produced
Tertiary-Butyl-p-benzoquinoneNot more than 0,2 %
2,5-Di-tertiary-butyl hydroquinoneNot more than 0,2 %
HydroxyquinoneNot more than 0,1 %
TolueneNot more than 25 mg/kg
LeadNot more than 2 mg/kg"
5.The text concerning E 415 xanthan gum is replaced by the following:
"E 415 XANTHAN GUMIdentificationPurity
DefinitionXanthan gum is a high molecular weight polysaccharide gum produced by a pure-culture fermentation of a carbohydrate with natural strains of Xanthomonas campestris, purified by recovery with ethanol or propan-2-ol, dried and milled. It contains D-glucose and D-mannose as the dominant hexose units, along with D-glucuronic acid and pyruvic acid, and is prepared as the sodium, potassium or calcium salt. Its solutions are neutral
Molecular weightApproximately 1000000
Einecs234-394-2
AssayYields, on dried basis, not less than 4,2 % and not more than 5 % of CO2 corresponding to between 91 % and 108 % of xanthan gum
DescriptionCream-coloured powder
A.SolubilitySoluble in water. Insoluble in ethanol
Loss on dryingNot more than 15 % (105 °C, 21/2hours)
Total ashNot more than 16 % on the anhydrous basis determined at 650 °C after drying at 105 °C for four hours
Pyruvic acidNot less than 1,5 %
NitrogenNot more than 1,5 %
Ethanol and propan-2-olNot more than 500 mg/kg singly or in combination
LeadNot more than 2 mg/kg
Total plate countNot more than 5000 colonies per gram
Yeast and mouldNot more than 300 colonies per gram
E. coliAbsent in 5 g
Salmonella spp.Absent in 10 g
Xanthomonas campestrisViable cells absent in 1 g"
6.The following text concerning E 426 soybean hemicellulose is inserted after E 425(ii) konjac glucomannan:
"E 426 SOYBEAN HEMICELLULOSEIdentificationPurity
Synonyms
DefinitionSoybean hemicellulose is a refined water-soluble polysaccharide obtained from natural strain soybean fibre by hot water extraction
Chemical namesWater soluble soybean polysaccharidesWater soluble soybean fibre
AssayNot less than 74 % carbohydrate
DescriptionFree flowing spray-dried white powder
A.SolubilitySoluble in hot and cold water without gel formation
pH of 1 % solution5,5 ± 1,5
B.Viscosity of 10 % solutionNot more than 200 mPa.s
Loss on dryingNot more than 7 % (105 °C, 4 h)
ProteinNot more than 14 %
Total ashNot more than 9,5 % (600 °C, 4 h)
ArsenicNot more than 2 mg/kg
LeadNot more than 5 mg/kg
MercuryNot more than 1 mg/kg
CadmiumNot more than 1 mg/kg
Standard plate countNot more than 3000 colonies per gram
Yeast and mouldNot more than 100 colonies per gram
E. ColiNegative in 10 g"
7.The following text concerning E 462 ethyl cellulose is inserted after E 461 methyl cellulose:
"E 462 ETHYL CELLULOSEIdentificationPurity
SynonymsCellulose ethyl ether
DefinitionEthyl cellulose is cellulose obtained directly from fibrous plant material and partially etherified with ethyl groups
Chemical namesEthyl ether of cellulose
Chemical formulaThe polymers contain substituted anhydroglucose units with the following general formula:C6H7O2(OR1)(OR2) where R1 and R2 may be any of the following:HCH2CH3
AssayContent not less than 44 % and not more than 50 % of ethoxyl groups (-OC2H5) on the dried basis (equivalent to not more than 2,6 ethoxyl groups per anhydroglucose unit)
DescriptionSlightly hygroscopic, white to off white, odourless and tasteless powder
A.SolubilityPractically insoluble in water, in glycerol and in propane-1,2-diol but soluble in varying proportions in certain organic solvents depending upon the ethoxyl content. Ethyl cellulose containing less than 46 to 48 % of ethoxyl groups is freely soluble in tetrahydrofuran, in methyl acetate, in chloroform and in aromatic hydrocarbon ethanol mixtures. Ethyl cellulose containing 46 to 48 % or more of ethoxyl groups is freely soluble in ethanol, in methanol, in toluene, in chloroform and in ethyl acetate
B.Film forming testDissolve 5 g of the sample in 95 g of an 80:20 (w/w) mixture of toluene ethanol. A clear, stable, slightly yellow solution is formed. Pour a few ml of the solution onto a glass plate and allow the solvent to evaporate. A thick, tough, continuous, clear film remains. The film is flammable
Loss on dryingNot more than 3 % (105 °C, 2 h)
Sulphated ashNot more than 0,4 %
pH of a 1 % colloidal solutionNeutral to litmus
ArsenicNot more than 3 mg/kg
LeadNot more than 2 mg/kg
MercuryNot more than 1 mg/kg
CadmiumNot more than 1 mg/kg"
8.The text concerning E 472c citric acid esters of mono- and diglycerides of fatty acids is replaced by the following:
"E 472c CITRIC ACID ESTERS OF MONO- AND DIGLYCYERIDES OF FATTY ACIDSIdentificationPurity
SynonymsCitremCitric acid esters of mono- and diglyceridesCitroglyceridesMono- and diglycerides of fatty acids esterified with citric acid
DefinitionEsters of glycerol with citric acid and fatty acids occurring in food oils and fats. They may contain small amounts of free glycerol, free fatty acids, free citric acid and free glycerides. They may be partially or wholly neutralised with sodium hydroxide or with potassium hydroxide
DescriptionYellowish or light brown liquids to waxy solids or semi-solids
A.Positive test for glycerol, for fatty acids and for citric acid
B.SolubilityInsoluble in cold waterDispersible in hot waterSoluble in oils and fatsIn soluble in cold ethanol
Acids other than citric and fatty acidsNot detectable
Free glycerolNot more than 2 %
Total glycerolNot less than 8 % and not more than 33 %
Total citric acidNot less than 13 % and not more than 50 %
Sulphated ash (determined at 800 ± 25 °C)Non-neutralised products: not more than 0,5 %Partially or wholly neutralised products: not more than 10 %
LeadNot more than 2 mg/kg
Free fatty acidsNot more than 3 % estimated as oleic acid
Purity criteria apply to the additive free of sodium, potassium and calcium salts of fatty acids, however, these substances may be present up to a maximum level of 6 % (expressed as sodium oleate)."
9.The text concerning E 559 aluminium silicate (kaolin) is replaced by the following:
"E 559 ALUMINIUM SILICATE (KAOLIN)IdentificationPurity
SynonymsKaolin, light or heavy
DefinitionAluminium silicate hydrous (kaolin) is a purified white plastic clay composed of kaolinite, potassium aluminium silicate, feldspar and quartz. Processing should not include calcination. The raw kaolinitic clay used in the production of aluminium silicate shall have a level of dioxin which does not make it injurious to health or unfit for human consumption
Einecs215-286-4 (kaolinite)
Chemical formulaAl2Si2O5(OH)4 (kaolinite)
Molecular weight264
AssayContent not less than 90 % (sum of silica and alumina, after ignition)Silica (SiO2) Between 45 % and 55 %Alumina (A12O3) Between 30 % and 39 %
DescriptionFine, white or greyish white, unctuous powder. Kaolin is made up of loose aggregations of randomly oriented stacks of kaolinite flakes or of individual hexagonal flakes.
A.Positive test for alumina and for silicate
B.X-ray diffractionCharacteristic peaks at 7,18/3,58/2,38/1,78 Å
C.IR absorptionPeaks at 3700 and 3620 cm–1
Loss on ignitionBetween 10 and 14 % (1000 °C, constant weight)
Water soluble matterNot more than 0,3 %
Acid soluble matterNot more than 2 %
IronNot more than 5 %
Potassium oxide (K2O)Not more than 5 %
CarbonNot more than 0,5 %
ArsenicNot more than 3 mg/kg
LeadNot more than 5 mg/kg
MercuryNot more than 1 mg/kg"
10.The following text concerning E 586 4-hexylresorcinol is inserted after E 578 calcium gluconate:
"E 586 4-HEXYLRESORCINOLDefinitionIdentificationPurity
Synonyms4-Hexyl-1,3-benzenediolHexylresorcinol
Chemical names4-Hexylresorcinol
Einecs205-257-4
Chemical formulaC12H18O2
Molecular weight197,24
AssayNot less than 98,0 % on the dried basis
DescriptionWhite powder
A.SolubilityFreely soluble in ether and acetone; very slightly soluble in water
B.Nitric acid testTo 1 ml of a saturated solution of the sample, add 1 ml of nitric acid. A light red colour appears
C.Bromine testTo 1 ml of saturated solution of the sample, add 1 ml of bromine TS. A yellow, flocculent precipitate dissolves producing a yellow solution
D.Melting range62 to 67 °C
AcidityNot more than 0,05 %
Sulphated ashNot more than 0,1 %
Resorcinol and other phenolsShake about 1 g of the sample with 50 ml of water for a few minutes, filter, and to the filtrate add 3 drops of ferric chloride TS. No red or blue colour is produced
NickelNot more than 2 mg/kg
LeadNot more than 2 mg/kg
MercuryNot more than 3 mg/kg"
11.The following text concerning E 1204 pullulan is inserted after E 1200 polydextrose:
"E 1204 PULLULANIdentificationPurity
DefinitionLinear, neutral glucan consisting mainly of maltotriose units connected by -1,6 glycosidic bonds. It is produced by fermentation from a food grade hydrolysed starch using a non-toxin producing strain of Aureobasidium pullulans. After completion of the fermentation, the fungal cells are removed by microfiltration, the filtrate is heat-sterilised and pigments and other impurities are removed by adsorption and ion exchange chromatography
Einecs232-945-1
Chemical formula(C6H10O5)x
AssayNot less than 90 % of glucan on the dried basis
DescriptionWhite to off-white odourless powder
A.SolubilitySoluble in water, practically insoluble in ethanol.
B.pH of 10 % solution5,0 to 7,0
C.Precipitation with polyethylene glycol 600Add 2 ml of polyethylene glycol 600 to 10 ml of a 2 % aqueous solution of pullulan. A white precipitate is formed
D.Depolymerisation with pullulanasePrepare two test tubes each with 10 ml of a 10 % pullulan solution. Add 0,1 ml pullulanase solution having activity 10 units/g to one test tube, and 0,1 ml water to the other. After incubation at about 25 °C for 20 min, the viscosity of the pullulanase-treated solution is visibly lower than that of the untreated solution
Loss on dryingNot more than 6 % (90 °C, pressure not more than 50 mm Hg, 6 h)
Mono-, di- and oligosaccharidesNot more than 10 % expressed as glucose
Viscosity100 to 180 mm2/s (10 % w/w aqueous solution at 30 °C)
LeadNot more than 1 mg/kg
Yeast and mouldsNot more than 100 colonies per gram
ColiformsAbsent in 25 g
SalmonellaAbsent in 25 g"
12.The following text concerning E 1452 starch aluminium octenyl succinate is inserted after E 1451 acetylated oxidised starch:
"E 1452 STARCH ALUMINIUM OCTENYL SUCCINATEIdentificationPurity
SynonymsSAOS
DefinitionStarch aluminium octenyl succinate is starch esterified with octenylsuccinic anhydride and treated with aluminium sulphate
DescriptionWhite or nearly white powder or granules or (if pregelatinised) flakes, amorphous powder or coarse particles
A.If not pregelatinised: by miscroscopic observation
B.Iodine staining positive (dark blue to light red colour)
(all values expressed on an anhydrous basis except for loss on drying)
Loss on dryingNot more than 21 %
Octenylsuccinyl groupsNot more than 3 %
Octenylsuccinic acid residueNot more than 0,3 %
Sulphur dioxideNot more than 50 mg/kg for modified cereal starchesNot more than 10 mg/kg for the other modified starches unless otherwise specified
ArsenicNot more than 1 mg/kg
LeadNot more than 2 mg/kg
MercuryNot more than 0,1 mg/kg
AluminiumNot more than 0,3 %"