2005 No. 1628 (W.122)
The Colours in Food (Amendment) (Wales) Regulations 2005
Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred by sections 16(1)(a), 17(1), 26(1) and (3) and 48(1) of and paragraph 1 of Schedule 1 to, the Food Safety Act 1990 F1 and now vested in it F2, and having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council 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 F3 makes the following Regulations:
Functions of the Secretary of State under the Food Safety Act 1990, 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).
OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L245, 29.9.2003, p.4). By virtue of regulation 5 of the Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. No. 2004/2990), with effect from 7th December 2004 the consultation requirement contained in section 48(4) of the 1990 Act is disapplied in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.
Title, commencement and application1
These Regulations —
a
may be cited as the Colours in Food (Amendment) (Wales) Regulations 2005;
b
come into force on 24 June 2005; and
c
apply in relation to Wales.
Amendment of the Colours in Food Regulations 19952
1
The Colours in Food Regulations 1995 F4 are amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) in the definition of “Directive 95/45/EC”F5, for the words “and Directive 2001/50/EC” substitute the words — “
Directive 2001/50/ECF6 and Directive 2004/47/ECF7
”
.
3
In regulation 13 (transitional provision and exemption) after paragraph (1) insert the following paragraph —
1A
In any proceedings for an offence against these Regulations it is a defence to prove that —
a
the colour or food which is the subject of the allegation was put on the market or labelled before 1 April 2005; and
b
the matter constituting the offence would not have constituted an offence under these Regulations as they stood immediately before the coming into force of the Colours in Food (Amendment) (Wales) Regulations 2005.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 F8
1990 c. 16