1.—(1) These Regulations may be cited as the Colours in Food Amendment (Scotland) Regulations 2005 and shall come into force on 1st April 2005.
(2) These Regulations extend to Scotland only.
2.—(1) The Colours in Food Regulations 1995(1) are amended in accordance with paragraphs (2) and (3).
(2) In regulation 2(1) (interpretation), in the definition of “Directive 95/45/EC”, for “and Directive 2001/50/EC”(2) substitute “, Directive 2001/50/EC(3) and Directive 2004/47/EC(4)”.
(3) After regulation 13(1) (transitional provision and exemption), insert–
“(1A) In any proceedings for an offence under these Regulations it shall be a defence to prove that–
(a)the colour or food which is the subject of the complaint 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 force of the Colours in Food Amendment (Scotland) Regulations 2005(5).”.
RHONA BRANKIN
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
1st March 2005