# The Colours in Food (Amendment) (England) Regulations 2005

S.I. 2005/519 · made 4 March 2005

Made under: Food Safety Act 1990 (Section 16, Section 17, Section 26, Section 48, Schedule 1 paragraph 1)

PDFs: Printed copy https://openlegislation.uk/colours-in-food-amendment-england-regulations-2005/pdf/uksi_20050519_en.pdf; Explanatory Memorandum https://openlegislation.uk/colours-in-food-amendment-england-regulations-2005/pdf/uksiem_20050519_en.pdf

## Introductory text

FOOD, ENGLAND
Made 4th March 2005
Laid before Parliament 10th March 2005
Coming into force 1st April 2005
The Secretary of State, in exercise of the powers conferred upon him 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 now vested in him, 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 makes the following Regulations:

## 1 Title, commencement and application

These Regulations —
(a) may be cited as the Colours in Food (Amendment) (England) Regulations 2005;
(b) shall come into force on 1st April 2005; and
(c) shall apply in relation to England only.

## 2 Amendment of the Colours in Food Regulations 1995

(1) The Colours in Food Regulations 1995 shall be 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”, for the words “and Directive 2001/50/EC” there shall be substituted the words —
“Directive 2001/50/EC and Directive 2004/47/EC;”.
(3) In regulation 13 (transitional provision and exemption) after paragraph (1) there shall be inserted the following paragraph—
“(1A) In any proceedings for an offence against these Regulations it shall be 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 1st 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) (England) Regulations 2005.”.

## Signature

Signed by the Authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State
Department of Health
4th March 2005

## Explanatory note

(This note is not part of the Regulations)
1. These Regulations, which apply to England only, implement Commission Directive 2004/47/EC amending Directive 95/45/EC. They do so by further amending the Colours in Food Regulations 1995. The Regulations —
(a) provide amended purity criteria for mixed carotenes E160 a (i) and beta carotene E160 a (ii) (regulation 2(2));
(b) insert a transitional defence provision for products put on the market or labelled before 1st April 2005 which otherwise comply with the Colours in Food Regulations 1995, allowing current stocks to be exhausted (regulation 2(3)).
2. No Regulatory Impact Assessment has been prepared to accompany these Regulations, as they will not impose any costs on businesses.
3. A Transposition Note has been prepared and placed in the Library of each House of Parliament, setting out how the main elements of the European legislation referred to above are transposed in these Regulations. Copies of this document may be obtained from the Novel Foods, Additives and Supplements Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.

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Source: https://www.legislation.gov.uk/uksi/2005/519 (the official version)
Page: https://openlegislation.uk/colours-in-food-amendment-england-regulations-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.