The Miscellaneous Food Additives (Amendment) (England) Regulations 2004

• Citation: S.I. 2004/2601
• Sections: 4

Section 1 Title, commencement and application

These Regulations—

(a) may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2004;

(b) shall come into force on 29th October 2004;

(c) shall apply in relation to England only.

Section 2 Amendment of the Miscellaneous Food Additives Regulations 1995

The Miscellaneous Food Additives Regulations 1995 shall be amended in accordance with regulations 3 and 4 below.

Section 3 Amendment of the Miscellaneous Food Additives Regulations 1995

In paragraph (1) of regulation 2 (interpretation), in the definition of “Directive 96/77/EC ” for the words “and Commission Directive 2002/82/EC ” there shall be substituted the following words —

, Commission Directive 2002/82/EC Commission Directive 2003/95/EC and Commission Directive 2004/45/EC

Section 4 Amendment of the Miscellaneous Food Additives Regulations 1995

In regulation 11, after paragraph (1D), there shall be inserted the following paragraph—

(1E) In any proceedings for an offence in contravention of regulation 3(1) where it is alleged that a food additive failed to satisfy the purity criteria for that additive, it shall be a defence for the accused to show either—

(a) that the food additive concerned is E431-E436, or polyethylene glycol 6000 and the food additive or food concerned was put on the market or labelled before 1 st November 2004; or

(b) that the food additive concerned is E407, E407a, E1517 or E1519 and the food additive or food concerned was put on the market or labelled before 1 st April 2005;

and that that matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulation 3 of the Miscellaneous Food Additives (Amendment) (England) Regulations 2004 had not been in force when that matter occurred.