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2.—(1) The Colours in Food Regulations 1995(1) shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (1) of regulation 2 (interpretation) in the definition of “Directive 95/45/EC”(2), for the words “and Directive 2001/50/EC” there shall be substituted the words —
“Directive 2001/50/EC(3) and Directive 2004/47/EC(4);”.
(3) In regulation 13 (transitional provision and exemption) after paragraph (1) there shall be inserted the following paragraph—
“(1A) In any proceedings for an offence against these Regulations it shall be a defence to prove that —
(a)the colour or food which is the subject of the allegation 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) (England) Regulations 2005.”.
Commission Directive 2001/50/EC of 3 July 2001 amending Directive 95/45/EC laying down specific purity criteria concerning colours for use in foodstuffs (OJ No. L190, 12.7.2001, p.14).
Commission Directive 2004/47/EC of 16 April 2004 amending Directive 95/45/EC as regards mixed carotenes (E160 a (i)) and beta–carotene (E160 a (ii)) (OJ No. L113, 20.4.2004, p.24).
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