The Food (Suspension of the Use of E 128 Red 2G as Food Colour) (Scotland) Regulations 2007

Citation, commencement and extent

1.  These Regulations may be cited as the Food (Suspension of the Use of E 128 Red 2G as Food Colour) (Scotland) Regulations 2007, come into force on 3rd August 2007 and extend to Scotland only.

Interpretation

2.—(1) In these Regulations–

“authorised officer” means a person authorised in accordance with regulation 3(2);

“the Commission Regulation” means Commission Regulation (EC) No. 884/2007 on emergency measures suspending the use of E 128 Red 2G as food colour(1); and

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(2).

(2) Expressions used in these Regulations and the Commission Regulation have the same meaning in these Regulations as they do in the Commission Regulation.

(3) Any reference to a numbered Article is a reference to the Article so numbered in the Commission Regulation.

Enforcement

3.—(1) Each local authority shall execute and enforce the Commission Regulation and these Regulations within its area.

(2) A local authority may authorise in writing any person (whether or not an officer of that authority) to act in matters arising under these Regulations.

(3) An authorised officer shall have the same powers as an authorised officer of an enforcement authority under section 32 (powers of entry) of the Food Safety Act 1990(3).

Suspension of activities involving the colour E 128 Red 2G

4.—(1) Notwithstanding the provisions of the Colours in Food Regulations 1995(4), any person who contravenes or fails to comply with the following provisions of the Commission Regulation shall be guilty of an offence–

(a) Article 1(1) (suspending the use of the colour E 128 Red 2G in food);

(b) Article 1(2) (suspending the placing on the market of food containing the colour E 128 Red 2G); or

(c) Article 1(3) (suspending the import of food containing the colour E 128 Red 2G).

(2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding three months, or to both.

Application of various provisions of the Food Safety Act 1990

5.  The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations with the modification that any reference in those provisions to that Act or Part thereof shall be construed as a reference to these Regulations–

(a) section 20 (offences due to fault of another person);

(b) section 21 (defence of due diligence)(5), with the modifications that subsections (2) to (4) shall apply in relation to an offence under regulation 4(1)(b) as they apply in relation to an offence under section 14 or 15 and that in subsection (4)(b) the references to “sale or intended sale” shall be deemed to be references to “placing on the market”;

(c) section 33 (obstruction etc. of officers);

(d) section 35(1) to (3) (punishment of offences), in so far as it relates to offences under section 33 as applied by sub-paragraph (c);

(e) section 36 (offences by bodies corporate);

(f) section 36A (offences by Scottish partnerships)(6); and

(g) section 44 (protection of officers acting in good faith).

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

1st August 2007