2005 No. 259 (W.25)
The Miscellaneous Food Additives (Amendment) (Wales) Regulations 2005
Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred by sections 16(1)(a) and (f), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990 F1 and now vested in it F2, having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council F3 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and in accordance with section 48(4) and (4B) of that Act, makes the following Regulations:
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).
OJ No. L31, 1.2.2002, p.1.
Title, commencement and application1
These Regulations —
a
may be cited as the Miscellaneous Food Additives (Amendment) (Wales) Regulations 2005;
b
shall come into force on 1 March 2005;
c
shall apply in relation to Wales only.
Amendment of the Miscellaneous Food Additives Regulations 19952
The Miscellaneous Food Additives Regulations 1995 F4 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/ECF5 Commission Directive 2003/95/ECF6 and Commission Directive 2004/45/ECF7
”
.
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 F88 February 2005
1990 c. 16.