Search Legislation

The Colours in Food Amendment (Scotland) Regulations 2005

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources