2.—(1) The Colours in Food Regulations (Northern Ireland) 1996(1) 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”(2), for “and Directive 2001/50/EC” there shall be substituted –
“Directive 2001/50/EC(3) and Directive 2004/47/EC(4)”.
(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.”.
S.R. 1996 No. 49, relevant amending rules are S.R. 2000 No. 188 and S.R. 2001 No. 408
The definition of “Directive 95/45/EC” was amended by S.R. 2000 No. 188 and S.R. 2001 No. 408
Commission Directive 2001/50/EC of 3rd July 2001 amending Directive 95/45/EC laying down specific purity criteria concerning colours for use in foodstuffs (O.J. No. L190, 12.7.2001, p. 14)
Commission Directive 2004/47/EC of 16th April 2004 amending Directive 95/45/EC as regards mixed carotenes (E160a(i)) and beta-carotene (E160a(ii)) (O.J. No. L113, 20.4.2004, p. 24)