Food Additives Inspection Guidance

Food additives are widely used throughout the food sector and need to be authorised for use in Great Britain (GB). This guidance applies only to products sold in GB. Food business operators (FBOs) producing products intended for export outside of GB will require to be aware of and ensure compliance with any legal requirements of the country where the product is sold. This includes the European Union (EU), where different requirements may apply following EU exit and changes to the authorisation process for food additives in GB.  

A ‘food additive’ is defined in Article 3(2)(a) of Regulation (EC) No 1333/2008 as: 

‘any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food, whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food results, or may be reasonably expected to result, in it or its by-products becoming directly or indirectly a component of such foods’. 

This guidance covers requirements as they relate to food additives, to which Regulation (EC) No 1333/2008 applies. Similar but separate legislation covers flavourings (Regulation (EC) 1334/2008), enzymes (Regulation (EC) 1332/2008) and smoke flavourings (Regulation (EC) 2065/2003). These requirements are beyond the scope of this guidance.

The intention of this guidance is to help LAs better understand the additive authorisation process and the legal requirements in place in GB. It does not seek to provide an interpretation on the application of all requirements laid down within this regulation, nor does it provide authoritative interpretations of the law and is not a substitute for an understanding of the legal requirements. It should be read in conjunction with the relevant legislation as laid out below.

This guidance refers to food law as it applies in Scotland. Any reference in this document to EU law or “EC regulation” etc., unless otherwise stated, should be considered a reference to law that was assimilated into domestic legislation by the Retained EU Law (Revocation and Reform) Act 2023.

Regulation (EC) No 1331/2008 establishes a common authorisation procedure for food additives, food enzymes and food flavourings:

• Article 2C - Requires establishment and maintenance of a ‘domestic list’ of regulation products, including authorised additives.
• For Scotland, this can be found in the GB Register of Food Additives Authorisations.
• Guidance on the use of the register is also available.

Regulation (EC) No 1333/2008 lays down the rules on food additives used in foods. For the purposes of this guidance document, some of the key articles within this Regulation are:

• Article 4 – Requirement for food additives to be authorised before being placed on the market and used in food.
• Article 5 –Requirement for food additives, or any food in which such a food additive is present, to only be placed on the market if the use complies with this Regulation.
• Article 14B – Requirement for FSS/FSA to include content of authorisations in the domestic list.
• Article 18 – The carry over principle (discussed further below)
• Article 24 and Annex V - Additional labelling requirements for certain food colours.

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 provide for the enforcement in Scotland of Regulation (EC) 2065/2003, Regulation (EC) 1332/2008, Regulation (EC) 1333/2008 and Regulation (EC) 1334/2008:

• Regulation 3 (as read with schedule 1) – Offence to contravene Regulation 1333/2008.
• Regulation 16 – Interpretation of ‘food safety requirements’ for the purposes of section 9 of the Food Safety Act 1990 in so far as it relates to this legislation.

As set out in Regulation (EC) No. 1333/2008, food additives must be authorised and meet any conditions of use, such as labelling specifications or restrictions on ingredient usage.

Regulation (EU) No 1169/2011 on the provision of Food Information to Consumers (FIC) provides the basis for the assurance of a high level of consumer protection in relation to food information and establishes the general principles, requirements and responsibilities governing food information, in particular food labelling. For the purposes of this guidance document, some of the key Articles within this Regulation are:

• Article 18 and Annex VII Part C – Requirement for food additives in a list of ingredients to be designated by their category followed by name or E-number. 

More information on additive labelling can be found in the relevant section of this guidance document.

The Food Information (Scotland) Regulations 2014 provide for the enforcement in Scotland of Regulation (EU) 1169/2011:

• Regulation 10 – Offence to fail to comply with any FIC provision.

The GB Register of Food Additive Authorisations (domestic list) is the primary source of information on food additives authorised for use in Great Britain. 

The register outlines the product details, status of the authorisation and links to the terms of that authorisation, including the specification and conditions of use. A step-by-step guide to navigating the register can be found in Annex I.  

Please note: Details of product authorisations are maintained in versions of Annex II and III of Regulation (EC) No 1333/2008 that were in effect prior to legislative updates implemented in GB in April 2025. This means that authorisation details cannot be obtained by accessing Regulation (EC) No 1333/2008 as it is currently in force and provided on legislation.gov.uk. Officers must navigate to a previous version of Annex II (conditions of use in food) and III (conditions of use in food additives, enzymes, flavourings and nutrients) via the authorisation register to obtain the accurate information.   

Authorisations for food additives use a food categorisation system. The categories used are outlined in the guidance on using the register. By identifying the category a product falls into, an officer should then be able to use the register to determine whether a specific additive is authorised for use and, if so, what its conditions of use are. 

The food categorisation system does not specifically consider compound foods such as prepared meals, which may contain component ingredients from several different food categories. In determining whether use of an additive is authorised in such foods, consideration will require to be given to the carry over principle, which is discussed later in this guidance.

An EC guidance document describing the food categories is available, which may be of assistance in determining the correct category for a food. Officers should, however, be aware that as this is an EC document, there may be differences in relation to sub-category titles and restrictions/exceptions for some food categories following EU Exit and should always refer to the authorisation for Great Britain.

Some additives belong to one or more groups of additives. This needs to be taken into consideration when verifying additive use, as an authorisation may detail limits for the group in addition to or instead of the individual additives within it. 

The GB Register of Food Additive Authorisations identifies whether an additive is a member of any group. Further information on the groups of additives can be found in the Part C of Annex II to Regulation (EC) 1333/2008, as it applied prior to April 2025, however, this requires to be considered together with the conditions for the relevant food category (Part E).

The carry over principle is provided for by Article 18 of Regulation (EC) 1333/2008. 

This principle allows a food additive to be present in food, other than by direct addition, if it is present/carried over from an ingredient within a compound food. This is permitted, providing the additive level in the final food is no greater than would be introduced by the use of the ingredient under proper technological conditions and good manufacturing practice. 

For example:

• A fruit yoghurt consisting of plain (unflavoured) yoghurt (food category 1.2) and a fruit compote (food category 4.2.4.2) would be permitted to contain ascorbic acid (E300) due to the carry over principle. Whilst ascorbic acid is not permitted in plain yoghurts, it is permitted in fruit compote at quantum satis. The level used must not exceed the maximum level for the fruit preparation element of the yoghurt.
• Meat products, such as sausages, would be permitted to contain anti-caking agents such as Silicon Dioxide (E551) due to the carry over principle. Whilst Silicon Dioxide (E551) is not permitted in meat products, it is permitted in salt (food category 12.1.1) and salt substitutes (food category 12.1.2). The level of Silicon Dioxide (E551) used must not exceed the maximum level permitted in the salt or salt substitute as a component of the meat product.

A food additive may also be present in a compound food where it is not normally permitted, only if this product is to be used solely as a component for the production of a final food product where the specific food additive is permitted. This is referred to as the ‘reverse carry over principle’.

For example: 

• Annatto bixin (E160b(i)) (a colouring agent) is not normally permitted to be used in seasonings (food category 12.2.2), but it is permitted in potato-based snacks (food category 15.1) at a maximum permitted level of 20mg/kg. Annatto bixin (E160b(i)) can therefore be added to a seasoning that is intended solely for use in a potato-based snack food, provided the level used does not exceed the maximum permitted level for the relevant food category (15.1). However, annatto bixin (E160b(i)) would not be permitted within a seasoning intended for use within any food category that does not permit its use, such as a minced meat preparation (food category 8.1).
• Sodium carbonates (E500) is a Group 1 additive that is not normally permitted to be used in self-raising flour (food category 6.2.1), could be added to self-raising flour that is intended solely for use in fine bakery wares (food category 7.2), as Group 1 additives are permitted to be used in these foods.

This principle does not apply when the additive carried over has a technological function in the final food. In these circumstances, the final food must comply with the relevant provisions. It also does not apply where an ingredient remains a separate part of the compound food and the technological function of the food additive is confined to that ingredient. The conditions in accordance with its food category continue to apply for that ingredient.

Article 18 of Regulation 1333/2008 states that the carry over principle does not apply to:

• Infant formulae
• Follow-on formulae
• Processed cereal-based food and baby food
• Dietary food for special medical purposes intended for infants and young children, except where specifically provided for.

Some further exceptions are detailed in Table 1 of Annex I (a) of the Regulation. Officers should refer to the legislation for specific exceptions, but some examples include: 

• Unprocessed foods
• Butter
• Unflavoured UHT milk
• Foods for infants and young children

Table 2 in Annex I (a) also provides a list of foods for which food colours are not permitted by virtue of the carry over principle.

Article 20(b) of Regulation (EU) 1169/2011 states that food additives or enzymes whose presence in a given food is solely due to the carry over principle, and provided that they serve no technological function in the finished product, are not required to be included in the list of ingredients. 

If the food additive does provide a technological function in the final product, then the additive must be indicated on the label and the carry over principle is not applicable. 

When considering whether the carry over principle is applicable:

1. Establish whether the additive is added intentionally during the production process.
2. If not added intentionally, consider the level analysed in the product as a whole; the presence of the additive must be proportional to the ingredient in which the additive is permitted.
3. Decide whether it is necessary to label the presence of the additive.