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

     3. In paragraph (1) of regulation 2 (interpretation), in the definition of "Directive 96/77/EC" for the words "and Commission Directive 2002/82/EC" substitute the following words  - 

" , Commission Directive 2002/82/EC[5] Commission Directive 2003/95/EC[6] and Commission Directive 2004/45/EC[7]".

     4. In regulation 11, after paragraph (1D), insert 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 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 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) (Wales) Regulations 2005 had not been in force when that matter occurred."

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[8]


D. Elis-Thomas
The Presiding Officer of the National Assembly

8 February 2005

     3. A regulatory appraisal of these Regulations pursuant to section 65 of the Government of Wales Act 1998 together with a transposition note setting out how the main elements of the Directives 2003/95/EC and 2003/45/EC are transposed into domestic law have been prepared and have been placed in the library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff CF10 1EW.

[2] Functions formerly exercisable by "the Secretary of State" 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 Food Standards Act 1999 (1999 c.28).back

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

[4] S.I. 1995/3187, amended by S.I. 1997/1413, S.I.1999/1133, S.I. 2001/1440 (W.102), S.I. 2001/1787 (W.128), S.I. 2001/2679 (W.220), S.I. 2001/3909 (W.321), S.I. 2002//329 (W.42), S.I. 2002/330 (W.43), S.I. 2003/945 (W.126), S.I. 2003/3037 (W.285), S.I. 2003/3041 (W.286), S.I. 2003/3044 (W.288), S.I. 2003/3047 (W.290), S.I. 2003/3053 (W.291), S.I. 2004/553 (W.56) and S.I. 2004/554 (W.57).back

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

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

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

[8] 1998 c.38.back

  © Crown copyright 2005