The Miscellaneous Food Additives (Amendment) (England) Regulations 2001

Made: 11th January 2001

Laid before Parliament: 15th January 2001

Coming into force: 30th March 2001

The Secretary of State, 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, and of all other powers enabling him in that behalf, after having regard, in accordance with section 48(4) of that Act, to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B) of that Act, hereby makes the following Regulations:

Title, commencement, extent and interpretation

1

These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2001, shall come into force on 30th March 2001 and shall extend to England.

Amendment of the principal Regulations

2

The Miscellaneous Food Additives Regulations 1995 shall be amended, in so far as they extend to England, in accordance with regulations 3 to 5 below.

3

In regulation 2(1) (interpretation), in the definition of “Directive 96/77/EC” there shall be added at the end the words “ and Commission Directive 2000/63/EC ”.

4

In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1B) the following paragraph—

(1C) In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that— (a) the food additive or food concerned was put on the market or labelled before 31st March 2001; and (b) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 and 5 of the Miscellaneous Food Additives (Amendment) (England) Regulations 2001 had not been made when that matter occurred.

5

In Schedule 5 (purity criteria) the entries relating to the miscellaneous additives listed in the Schedule to these Regulations shall be omitted.

Consequential amendments

6

• (1) In so far as any Instrument listed in regulation 14(1) of the Miscellaneous Food Additives (Amendment) Regulations 1999 extends to England, that provision shall cease to have effect in relation to that instrument.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE — MISCELLANEOUS ADDITIVES FOR WHICH PURITY CRITERIA SPECIFIED OR REFERRED TO IN SCHEDULE 5 TO THE PRINCIPAL REGULATIONS ARE OMITTED

Signed

Signed by authority of the Secretary of State for Health.

Gisela Stuart — Parliamentary Under-Secretary of State, — Department of Health — 11th January 2001

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1990 c. 16; section 6(4)(a) of the Act was amended by the Deregulation and Contracting Out Act 1994 (c. 40) Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) Schedule 5, paragraph 10(3). Functions formerly exercisable by “the Ministers” are now exercisable, in relation to England, by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999; functions formerly exercisable by “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); 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). Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend existing Regulations made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.

[^f00002]: S.I. 1995/3187, amended by S.I. 1997/1413 and S.I. 1999/1136.

[^f00003]: OJ No. L277, 30.10.2000, p. 1.

[^f00004]: S.I. 1999/1136.

[^f00005]: S.I. 1997/1413.

[^f00006]: S.I. 1966/1073; the relevant amending instrument is S.I. 1995/3187.

[^f00007]: S.I. 1976/509; the relevant amending instrument is S.I. 1995/3187.

[^f00008]: S.I. 1976/541; the relevant amending instrument is S.I. 1995/3187.

[^f00009]: S.I. 1977/927; the relevant amending instrument is S.I. 1995/3187.

[^f00010]: S.I. 1977/928; the relevant amending instrument is S.I. 1995/3187.

[^f00011]: S.I. 1981/1063; the relevant amending instrument is S.I. 1995/3187.

[^f00012]: S.I. 1984/1566; the relevant amending instrument is S.I. 1995/3187.

[^f00013]: S.I. 1992/1978; the relevant amending instrument is S.I. 1995/3187.

[^f00014]: S.I. 1996/1499 to which there are amendments not relevant to these Regulations.

Consequential amendments

Editorial notes

[^c15865151]: 1990 c. 16; section 6(4)(a) of the Act was amended by the Deregulation and Contracting Out Act 1994 (c. 40) Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) Schedule 5, paragraph 10(3). Functions formerly exercisable by “the Ministers” are now exercisable, in relation to England, by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999; functions formerly exercisable by “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); 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). Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend existing Regulations made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.

[^c15865161]: S.I. 1995/3187, amended by S.I. 1997/1413 and S.I. 1999/1136.

[^c15865171]: OJ No. L277, 30.10.2000, p. 1.

[^c15865181]: S.I. 1999/1136.

[^key-9638a451449c2bdcf1b5c63f1f99ccaf]: Reg. 6(2) omitted (15.1.2002) by virtue of The Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2001 (S.I. 2001/3775), regs. 1, 9(1)