The Feeding Stuffs (England) Regulations 2005

Saving relating to confidential information relating to additives under the 2000 Regulations

This section has no associated Explanatory Memorandum

21.—(1) Notwithstanding the revocations in regulation 7, and subject to paragraphs (2) and (3), no person shall publish or disclose any confidential information that was, prior to the coming into force of these Regulations, obtained by him in the performance of functions under regulation 11 of the 2000 Regulations without the previous consent in writing of—

(a)the person who, in accordance with that regulation, made an application for a Community authorisation of, or as the case may be, for a new use of, the additive concerned; or

(b)that person’s assignee or successor to ownership of the confidential information.

(2) Nothing in paragraph (1) shall restrict the publication or disclosure of such information for the purpose of the exercise of functions under that regulation.

(3) Nothing in paragraph (1) shall prevent the publication or disclosure of confidential information of a type specified in Article 7(2) of the Additives Directive.

(4) In this regulation, “confidential information” means information of the type specified in Article 7(1) of the Additives Directive and “additive” has the meaning given in Article 2 of that Directive.

(5) A publication or disclosure in contravention of paragraph (1) shall be punishable as if it were a disclosure prohibited by section 83.