The Miscellaneous Food Additives (Amendment) (England) Regulations 2001

Title, commencement, extent and interpretation E+W

1.  These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2001, shall come into force on 30th March 2001 and shall extend to England.

Amendment of the principal Regulations E+W

2.  The Miscellaneous Food Additives Regulations 1995 M1 shall be amended, in so far as they extend to England, in accordance with regulations 3 to 5 below.

Marginal Citations

M1 S.I. 1995/3187, amended by S.I. 1997/1413 and S.I. 1999/1136.

3.  In regulation 2(1) (interpretation), in the definition of “Directive 96/77/EC” there shall be added at the end the words “ and Commission Directive 2000/63/EC ”M2 .

Marginal Citations

M2 OJ No. L277, 30.10.2000, p. 1.

4.  In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1B) the following paragraph—

“(1C) In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that—

(a) the food additive or food concerned was put on the market or labelled before 31st March 2001; and

(b) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 and 5 of the Miscellaneous Food Additives (Amendment) (England) Regulations 2001 had not been made when that matter occurred.”.

5.  In Schedule 5 (purity criteria) the entries relating to the miscellaneous additives listed in the Schedule to these Regulations shall be omitted.

Consequential amendments E+W

6.—(1) In so far as any Instrument listed in regulation 14(1) of the Miscellaneous Food Additives (Amendment) Regulations 1999 M3 extends to England, that provision shall cease to have effect in relation to that instrument.

(2) In the following instruments, in so far as they extend to England, references to the Miscellaneous Food Additives Regulations 1995 shall be construed as references to those instruments as amended by the Miscellaneous Food Additives (Amendment) Regulations 1997 M4 , the Miscellaneous Food Additives (Amendment) Regulations 1999 and these Regulations:

• the Mineral Hydrocarbons in Food Regulations 1966 M5

• the Specified Sugar Products Regulations 1976 M6

• the Cocoa and Chocolate Products Regulations 1976 M7

• the Fruit Juices and Fruit Nectars Regulations 1977 M8

• the Condensed Milk and Dried Milk Regulations 1977 M9

• the Jam and Similar Products Regulations 1981 M10

• the Meat Products and Spreadable Fish Products Regulations 1984 M11

• the Food Additives Labelling Regulations 1992 M12 .

• the Food Labelling Regulations 1996 M13 .

Marginal Citations

M3 S.I. 1999/1136.

M4 S.I. 1997/1413.

M5 S.I. 1966/1073; the relevant amending instrument is S.I. 1995/3187.

M6 S.I. 1976/509; the relevant amending instrument is S.I. 1995/3187.

M7 S.I. 1976/541; the relevant amending instrument is S.I. 1995/3187.

M8 S.I. 1977/927; the relevant amending instrument is S.I. 1995/3187.

M9 S.I. 1977/928; the relevant amending instrument is S.I. 1995/3187.

M10 S.I. 1981/1063; the relevant amending instrument is S.I. 1995/3187.

M11 S.I. 1984/1566; the relevant amending instrument is S.I. 1995/3187.

M12 S.I. 1992/1978; the relevant amending instrument is S.I. 1995/3187.

M13 S.I. 1996/1499 to which there are amendments not relevant to these Regulations.

Signed by authority of the Secretary of State for Health.

Gisela Stuart

Parliamentary Under-Secretary of State,

Department of Health

11th January 2001