The Colours in Food Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, come into force on 1st January 1996.

The Regulations implement European Parliament and Council Directive 94/36/EC (OJ No. L237, 10.9.94, p. 13) on colours for use in foodstuffs (which has to be read with Council Directive 89/107/EEC (OJ No. L40, 11.2.89, p. 27) on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption) and Commission Directive 95/45/EC (OJ No. L226, 22.9.95, p. 1) laying down specific criteria of purity concerning colours for use in foodstuffs.

The principal provisions of the Regulations—

(1) prohibit the use of any colour in or on any food other than a permitted colour (regulation3(1));

(2) prohibit the use of any permitted colour in or on any food, otherwise than in accordance with the Regulations (regulation 3(2), (3) and (4));

(3) prohibit the use of any colour other than certain permitted colours for the health marking etc. of certain meat and meat products (regulation 4);

(4) prohibit the use of any colour on eggshells other than a permitted colour (regulation 5);

(5) prohibit the sale for use in or on any food of any colour other than a permitted colour (regulation 7(1)); only certain permitted colours may be sold directly to consumers (regulation 7(2) and (3));

(6) prohibit the sale of any food containing any added colour other than a permitted colour used in or on it in accordance with the Regulations (regulation 7(4)).

The Regulations also—

(a) make provision in relation to compound foods (regulation 6);

(b) make provision in relation to the condemnation of food (regulation 8);

(c) create offences, prescribe a penalty and provide for the Regulations to be enforced by food authorities (regulation 9);

(d) provide a defence in relation to exports, in implementation of Articles 2 and 3 of Council Directive 89/397/EEC (OJ No. L186, 30.6.89, p. 23) on the official control of foodstuffs, as read with the ninth recital to that Directive (regulation 10);

(e) incorporate specified provisions of the Food Safety Act 1990 (regulation 11);

(f) revoke the Regulations specified in Schedule 6 to the extent specified in that Schedule, and make consequential amendments (regulation 12);

(g) contain a transitional provision and exemption (regulation 13).

A Compliance Cost Assessment of the effect that these Regulations would have on the cost of business is available from Branch A of the Additives and Novel Foods Division of the Ministry of Agriculture, Fisheries and Food, Ergon House, c/o Nobel House, 17 Smith Square, London SW1P 3JR.