The Colours in Food (Amendment) (England) Regulations 2005
| Jurisdiction | UK Non-devolved |
2005 No. 519
FOOD, ENGLAND
The Colours in Food (Amendment) (England) Regulations 2005
Made 4th March 2005
Laid before Parliament 10th March 2005
Coming into force 1st April 2005
The Secretary of State, in exercise of the powers conferred upon him by sections 16(1) (a), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 19901and now vested in him2, and having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation as required by Article 9 of Regulation (EC) No. 178/2002of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety3makes the following Regulations:
Title, commencement and application
1. These Regulations —
(a) may be cited as the Colours in Food (Amendment) (England) Regulations 2005;
(b) shall come into force on 1st April 2005; and
(c) shall apply in relation to England only.
Amendment of the Colours in Food Regulations 1995
2.—(1) The Colours in Food Regulations 19954shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (1) of regulation 2 (interpretation) in the definition of “Directive 95/45/EC”5, for the words “and Directive 2001/50/EC” there shall be substituted the words —
“Directive 2001/50/EC6and Directive 2004/47/EC7;”.
(3) In regulation 13 (transitional provision and exemption) after paragraph (1) there shall be inserted the following paragraph—
“1A In any proceedings for an offence against these Regulations it shall be a defence to prove that —
(a) the colour or food which is the subject of the allegation was put on the market or labelled before 1st April 2005; and
(b) the matter constituting the offence would not have constituted an offence under these Regulations as they stood immediately before the coming into force of the Colours in Food (Amendment) (England) Regulations 2005.”.
Melanie Johnson
Parliamentary Under Secretary of State
Department of Health
4th March 2005
(This note is not part of the Regulations)
These Regulations, which apply to England only, implement Commission Directive 2004/47/EC8amending Directive 95/45/EC9. They do so by further amending the Colours in Food Regulations 199510. The Regulations —
(a) provide amended purity criteria for mixed carotenes E160 a (i) and beta carotene E160 a (ii) (regulation 2(2));
(b) insert a transitional defence provision for products put on the market or labelled before 1st April 2005 which otherwise comply with the Colours in Food Regulations 1995, allowing current stocks to be...
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