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

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the execution and enforcement in relation to Scotland of Commission Regulation (EC) No. 884/2007 on emergency measures suspending the use of E 128 Red 2G as food colour (O.J. No. L 195, 27.7.2007, p.8) (“the Commission Regulation”).

By virtue of European Parliament and Council Directive 94/36/EC (O.J. No. L 237, 10.9.1994, p.13, as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council, O.J. No. L 284, 31.10.2003, p.1), the colour E 128 Red 2G is legally authorised for use in all Member States. That Directive was implemented by the Colours in Food Regulations 1995. However, the Commission Regulation suspends with immediate effect the use of the colour E 128 Red 2G in food and the placing on the market and the import of food containing the colour E 128 Red 2G. The Commission Regulation is subject to derogations in relation to certain breakfast sausages and burger meat.

These Regulations–

(a) provide for execution and enforcement (regulation 3);

(b) provide that a person who contravenes or fails to comply with certain provisions of the Commission Regulation (relating to suspending the use of the colour E 128 Red 2G in food; suspending the placing on the market of food containing the colour E 128 Red 2G; and suspending the import of food containing the colour E 128 Red 2G) is guilty of an offence (regulation 4(1));

(c) provide penalties for offences under regulation 4(1) (regulation 4(2)); and

(d) apply with modifications certain provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 5).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ.