2004 No. 413
The Miscellaneous Food Additives Amendment (Scotland) Regulations 2004
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers in exercise of the powers conferred 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 19901 and of all other powers enabling them in that behalf, and having had regard in accordance with section 48(4A)2 of that Act to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B)3 of that Act, hereby make the following Regulations:
Citation, commencement and extent1
1
These Regulations may be cited as the Miscellaneous Food Additives Amendment (Scotland) Regulations 2004 and shall come into force on 1st November 2004.
2
These Regulations extend to Scotland only.
Amendment of the Miscellaneous Food Additives Regulations 1995
2
The Miscellaneous Food Additives Regulations 19954 are amended in accordance with regulations 3 and 4.
3
In regulation 2(1) (interpretation), in the definition of “Directive 96/77/EC”, for “and Commission Directive 2002/82/EC”, substitute–
, Commission Directive 2002/82/EC5, Commission Directive 2003/95/EC6 and Commission Directive 2004/45/EC7
4
In regulation 11 (transitional provisions and exemptions), after paragraph (1D), insert–
1E
In any proceedings for an offence under these Regulations where it is alleged that a food additive failed to satisfy the purity criteria for that additive, it shall be a defence for the person charged to show either–
a
that the food additive concerned is E 431, E 432, E 433, E 434, E 435 or E 436, or polyethylene glycol 6000 and the food additive or food concerned was put on the market or labelled before 1st November 2004; or
b
that the food additive concerned is E 407, E 407a, E 1517 or E 1519 and the food additive or food concerned was put on the market or labelled before 1st April 2005;
and that the matter constituting the offence would not have constituted an offence under these Regulations if the amendment made by regulation 3 of the Miscellaneous Food Additives Amendment (Scotland) Regulations 2004 had not been in force when the matter occurred.
(This note is not part of the Regulations)