2 Amendment of the Colours in Food Regulations 1995
1 The Colours in Food Regulations 1995 are amended in accordance with the following paragraphs of this regulation.
S.I.1995/3124, relevant amending instruments are S.I.2000/1799 (W.124) and S.I.2001/3909 (W.321).
2 In paragraph (1) of regulation 2 (interpretation) in the definition of “Directive 95/45/EC”, for the words “and Directive 2001/50/EC” substitute the words —

“Directive 2001/50/EC and Directive 2004/47/EC”

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The definition of “Directive 95/45/EC” was amended by S.I.2000/1799 (.W.124) and S.I.2001/3909 (W.321).
Commission Directive 2001/50/EC of 3 July 2001 amending Directive 95/45/EC laying down specific purity criteria concerning colours for use in foodstuffs (OJNo. L190, 12.7.2001, p.14).
Commission Directive 2004/47/EC of 16 April 2004 amending Directive 95/45/EC as regards mixed carotenes (E160 a (i)) and beta-carotene (E160 a (ii)) (OJNo. L113, 20.4.2004, p.24).
3 In regulation 13 (transitional provision and exemption) after paragraph (1) insert the following paragraph —

“1A In any proceedings for an offence against these Regulations it is 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 1 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) (Wales) Regulations 2005.”

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