Day 016 - 22 Jul 94 - Page 38


     
     1   MR. JUSTICE BELL:  Is your point basically colour?
 
     2   MR. MORRIS:  Yes.  I am going to move on to the point (a), (b),
              (c), (d), which are the EC position.  I will just read
     3        them out.
 
     4   MR. JUSTICE BELL:  Is your point on colour?  To make it more
              attractive?
     5
         MR. MORRIS:  I am getting to it.
     6
         MR. JUSTICE BELL:  Why not put that straightaway?
     7
         MR. MORRIS:  I will do.  Within the EC it is recognised that
     8        additives should only be used if there is no economical or
              technological alternative on that particular product, is
     9        what you are saying that means?
              A.  Yes.  Yes, I am sure that is what it applies to.
    10
         Q.   But it could be interpreted wider than that, could it not?
    11        A.  Well, that is up to them.
 
    12   Q.   That is up to them.  OK.  So the points (a), (b), (c),
              (d), just to summarise the first point in each one:  "To
    13        preserve the nutritional quality of the food; (b) to
              provide necessary ingredients or constituents for people
    14        with special dietary needs; (c) to enhance the keeping
              quality or stability of a food or to improve its
    15        organoleptic properties", what is that?
              A.  Basically, taste and smell.
    16
         Q.   "To improve its organoleptic properties"?
    17        A.  Normally when people  -----
 
    18   MR. JUSTICE BELL:  Do not worry. You have given an answer.
 
    19   MR. MORRIS: "(d) to provide aids in manufacture, processing,
              treatment, packing, transport or storage of foods".  That
    20        is a technological aid, presumably, to help the process?
              A.  Yes.
    21
         Q.   So colour, in fact, is not even allowed under this EC
    22        position on need; is that correct?
 
    23   MR. JUSTICE BELL:  Is that so?  It says it is justified only,
              but some things which may not be justified are still
    24        allowed; what is the position?
              A.  Certainly the EC (or perhaps we say the EU now) do
    25        allow colours, so we must go by their interpretation of
              the criteria which they have laid down. 
    26 
         MR. MORRIS:  Are you saying the EC position is that they are 
    27        allowable but they are not justified, colours?
              A.  Well, I have no insight into the way in which the
    28        relevant EC Committees interpret these criteria; perhaps
              Professor Walker would have; I do not know.
    29
         Q.   But you are trying to justify the use of colour, are you
    30        not?
              A.  No, no.  I am just explaining what the position is.

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