2005 No. 75

FOOD

The Colours in Food (Amendment) Regulations (Northern Ireland) 2005

Made

Coming into operation

The Department of Health, Social Services and Public Safety1 in exercise of the powers conferred on it by Articles 15(1)(a), 16(1), 25(1) and (3), 26(3) and 47(2) of, and paragraph 1 of Schedule 1 to, the Food Safety (Northern Ireland) Order 19912 and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency, and after consultation as required by Article 9 of Regulation (EC) No. 178/2002 of 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 safety3, hereby makes the following Regulations:

Citation and commencement1

These Regulations may be cited as the Colours in Food (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 1st April 2005.

Amendment of the Colours in Food Regulations (Northern Ireland) 19962

1

The Colours in Food Regulations (Northern Ireland) 19964 shall 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 “and Directive 2001/50/EC” there shall be substituted –

3

In regulation 13 (transitional provision and exemption) after paragraph (1) there shall be inserted –

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 operation of the Colours in Food (Amendment) Regulations (Northern Ireland) 2005.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 9th March 2005.

Noel McCannA senior officer of theDepartment of Health, Social Services and Public Safety

(This note is not part of the Regulations.)

These Regulations implement Commission Directive 2004/47/EC amending Directive 95/45/EC. They do so by further amending the Colours in Food Regulations (Northern Ireland) 1996. The Regulations –

a

provide amended purity criteria for mixed carotenes E160a(i) and beta carotene E160a(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 (Northern Ireland) 1996, allowing current stocks to be exhausted (regulation 2(3)).