The Smoke Flavourings (England) Regulations 2005

• Citation: S.I. 2005/464
• Sections: 7

Section 1 Title, commencement and application

These Regulations —

(a) may be cited as the Smoke Flavourings (England) Regulations 2005;

(b) shall come into force —

(i) in the case of regulation 3 and regulations 1 and 2 insofar as they relate to regulation 3, on 1st April 2005;

(ii) otherwise, on 16th June 2005;

(c) shall apply in relation to England only.

Section 2 Interpretation

(1) In these Regulations —

“ the Act ” means the Food Safety Act 1990;

“food authority” does not include —

the council of a district of a non–metropolitan county, except where the county functions have been transferred to that council pursuant to a structural change, or

the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and Middle Temple);

“Regulation 2065/2003” means Regulation (EC) No. 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods ;

“specified Community provision” means a provision of Regulation 2065/2003 specified in column 1 and described in column 2 of the Schedule to these Regulations.

(2) Other expressions used in these Regulations and in Regulation 2065/2003 have the same meanings in these Regulations as in Regulation 2065/2003 and in these Regulations any reference to a numbered article or annex is a reference to the article or annex so numbered in Regulation 2065/2003.

Section 3 Administration of Regulation 2065/2003

The national competent authority for the purposes of Article 7 of Regulation 2065/2003 (application for authorisation) shall be the Food Standards Agency .

Section 4 Condemnation of food

(1) Where, in relation to any food, a contravention of any of Articles 4.2, 5.1, 5.2, 9.4, or 9.5 has occurred—

(a) that food shall be treated for the purposes of section 9 of the Act as failing to comply with the food safety requirements; and

(b) if that food is part of a batch, lot or consignment of food of the same class or description, it shall be presumed, until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements.

(2) For the purposes of this regulation “food” includes any primary smoke condensate, primary tar fraction or derived smoke flavouring.

Section 5 Offences and penalties

Any person who contravenes or fails to comply with any of the specified Community provisions contained in the Schedule to these Regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 6 Application of various provisions of the Food Safety Act 1990

The following provisions of the Act shall apply for the purposes of these Regulations and Regulation 2065/2003 as they apply for the purposes of the Act —

(a) section 3 (presumption that food is intended for human consumption);

(b) section 20 (offences due to the fault of another person);

(c) section 21 (defence of due diligence) as it applies for the purposes of sections 14 or 15 of that Act);

(d) section 22 (defence of publication in the course of business);

(e) section 30(8) (which relates to documentary evidence);

(f) section 33(1) (obstruction, etc. of officers);

(g) section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (f);

(h) section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub–paragraph (f);

(i) section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub–paragraph (g);

(j) section 36 (offences by bodies corporate); and

(k) section 44 (protection of officers acting in good faith).

Section 7 Enforcement

Each food authority shall enforce and execute these Regulations within their area.