(a)may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2004;
(b)shall come into force on 29th October 2004;
(c)shall apply in relation to England only.
2Amendment of the Miscellaneous Food Additives Regulations 1995#
The Miscellaneous Food Additives Regulations 1995 shall be amended in accordance with regulations 3 and 4 below.
3Amendment of the Miscellaneous Food Additives Regulations 1995#
In paragraph (1) of regulation 2 (interpretation), in the definition of “Directive 96/77/EC” for the words “and Commission Directive 2002/82/EC” there shall be substituted the following words —“• , Commission Directive 2002/82/EC Commission Directive 2003/95/EC and Commission Directive 2004/45/EC”
4Amendment of the Miscellaneous Food Additives Regulations 1995#
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 1st November 2004; orb 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 1st 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.”
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