The Colours in Food Amendment (Scotland) Regulations 2005

Scottish Statutory Instruments

2005 No.94

FOOD

The Colours in Food Amendment (Scotland) Regulations 2005

Made

1st March 2005

Laid before the Scottish Parliament

1st March 2005

Coming into force

1st April 2005

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 1990(1) 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, hereby make the following Regulations:

Citation, commencement and extent

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.

Amendment of the Colours in Food Regulations 1995

2.—(1) The Colours in Food Regulations 1995(3) 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”(4) substitute “, Directive 2001/50/EC(5) and Directive 2004/47/EC(6)”.

(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(7).”.

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

1st March 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, implement Commission Directive 2004/47/EC amending Directive 95/45/EC as regards mixed carotenes (E160 a (i)) and beta carotene (E160 a (ii)) (O.J. No. L 113, 20.4.04, p.24). They do so by amending the Colours in Food Regulations 1995.

The Regulations–

(a) provide amended purity criteria for mixed carotenes E160 a (i) and beta carotene E160 a (ii) (regulation 2(2));

(b) provide that the new purity criteria will not apply to products which were put on the market or labelled before 1st April 2005 and which otherwise comply with the Colours in Food Regulations 1995 (regulation 2(3)).

No Regulatory Impact Assessment has been prepared to accompany these Regulations, as they will not impose any costs on business.

(1)

1990 c. 16; sections 16(1) and 48(1) were amended by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), section 40(1) and Schedule 5, paragraph 8; section 17(1) was amended by the 1999 Act, section 40(1) and Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, section 40(1) and Schedule 6; section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C), inserted by S.I. 2004/2990; amendments made by Schedule 5 to the 1999 Act shall be taken as pre commencement enactments for the purposes of the Scotland Act 1998 (c. 46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

(3)

S.I. 1995/3124; relevantly amended by S.S.I. 2000/131 and 2001/422.

(4)

The reference to Directive 2001/50/EC was inserted by S.S.I. 2001/422.

(5)

O.J. No. L 190, 12.7.01, p.14.

(6)

O.J. No. L 113, 20.4.04, p.24.

(7)

S.S.I. 2005/94.