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Amendment of the Miscellaneous Food Additives Regulations 1995
     2. The Miscellaneous Food Additives Regulations 1995[4] shall be amended in accordance with regulations 3 and 4 below.

     3. In paragraph (1) of regulation 2 (interpretation), in the definition of "Directive 96/77/EC"[5] for the words "and Commission Directive 2002/82/EC" there shall be substituted the following words  - 

" , Commission Directive 2002/82/EC[6] Commission Directive 2003/95/EC[7] and Commission Directive 2004/45/EC[8]".

     4. 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."

Signed by authority of the Secretary of State for Health


Melanie Johnson
Parliamentary Under Secretary of State, Department of Health

5th October 2004

[2] Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (c. 28) and paragraphs 12 and 21 of that Schedule amend sections 17(1) and 48 of the 1990 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46) as read with section 40 (2) of the 1999 Act. Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.back

[3] OJ No. L31, 1.2.2002, p.1.back

[4] S.I. 1995/3187, relevant amendments are S.I. 1997/1413, S.I.1999/1136, S.I. 2001/60 and S.I. 2001/3775.back

[5] OJ No. L339, 30.12.1996, p.1.back

[6] OJ No. L292, 28.10.2002, p.1.back

[7] OJ No. L283, 31.10.2003, p.71.back

[8] OJ No. L113, 20.4.2004, p.19.back

[9] OJ No. L283, 31.10.2003, p.71.back

[10] OJ No. L113, 20.4.2004, p.19.back

[11] OJ No. L339, 30.12.1996, p.1.back

[12] In S.I. 1997/1413.back

[13] S.I. 1995/3187, relevant amendments are S.I. 1997/1413, S.I.1999/1136, S.I. 2001/60 and S.I. 2001/3775.back

  © Crown copyright 2004