# The Food Safety (Exports) Regulations 1991 S.I. 1991/1476 · made 20 June 1991 These Regulations implement Articles 2 and 3 of Council Directive No. 89/397/EEC (OJ No. L186, 30.6.89, p.23), on the approximation of the laws of the Member States relating to food and materials and articles intended to come into contact with food, as read with the ninth recital to that Directive. Made under: Food Safety Act 1990 (Section 4, Section 16, Section 17, Section 26, Section 48, Schedule 1 paragraph 1) ## Introductory text FOOD Made 20th June 1991 Laid before Parliament 5th July 1991 Coming into force 26th July 1991 The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health, and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 4(1), 16(1), (2) and (3), 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 them in that behalf, after consultation in accordance with section 48(4) of that Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the Following Regulations:— ## 1 Title and commencement These Regulations may be cited as the Food Safety (Exports) Regulations 1991 and shall come into force on 26th July 1991. ## 2 Amendment of existing food related Regulations (1) After the last regulation in each of the Regulations specified in columns 1 and 2 of Schedules 1 and 2 to these Regulations there shall be inserted the following regulation numbered sequentially— “Defences in relation to exports In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that the food in respect of which the offence is alleged to have been committed— (a) was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence ; or (b) was intended for export and was prepared and labelled for sale before 26th July 1991.”. (2) The provisions of the Regulations, if any, specified in column 3 of Schedules 1 and 2 to these Regulations shall be revoked. ## 3 Amendment of the Materials and Articles in Contact with Food Regulations 1987 (1) After the last regulation in the Materials and Articles in Contact with Food Regulations 1987 there shall be inserted the following regulation numbered sequentially— “Defences in relation to exports In any proceedings under these Regulations it shall be a defence for the person charged to prove that the material or article in respect of which the offence is alleged to have been committed— (a) was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence ; or (b) was intended for export and was prepared and labelled for sale before 26th July 1991.”. (2) Regulation 3(c) of those Regulations shall be revoked. ## Signature In witness thereof the Official Sela of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th June 1991. L.S. John Selwyn Gummer Minister of Agriculture, Fisheries and Food Signed by authority of the Secretary of State for Health Stephen Dorrell Parliamentary Under-Secretary of State, Department of Health 18th June 1991 David Hunt Secretary of State for Wales 18th June 1991 Strathclyde Parliamentary Under-Secretary of State, Scottish Office 19th June 1991 ## Schedule 1: AMENDMENTS TO REGULATIONS APPLYING TO ENGLAND AND WALES AND GREAT BRITAIN ## I: ENGLAND AND WALES Column 1 Column 2 Column 3 S.I. No. Title Provisions Revoked 1959/831 The Arsenic in Food Regulations 1959 1960/2331 The Skimmed Milk with Non-Milk Fat Regulations 1960 Regulation 2(2)(b) 1964/760 The Soft Drinks Regulations 1964 Regulation 4(1)(a) 1966/1073 The Mineral Hydrocarbons in Food Regulations 1966 Regulation 3(1)(h) 1966/1074 The Butter Regulations 1966 Regulation 3(a) 1967/1582 The Solvents in Food Regulations 1967 Regulation 3 1967/1866 The Ice-Cream Regulations 1967 Regulation 3(a) 1967/1867 The Margarine Regulations 1967 Regulation 3(a) 1970/94 The Cheese Regulations 1970 Regulation 3(a) 1970/752 The Cream Regulations 1970 Regulation 3(a) 1973/1340 The Colouring Matter in Food Regulations 1973 Regulation 3(a) 1976/509 The Specified Sugar Products Regulations 1976 Regulation 3(a) 1976/541 The Cocoa and Chocolate Products Regulations 1976 Regulation 3(a) 1976/1832 The Honey Regulations 1976 Regulation 3(a) 1976/1883 The Drinking Milk Regulations 1976 Regulation 3 1977/691 The Erucic Acid in Food Regulations 1977 Regulation 3(a) 1977/927 The Fruit Juices and Fruit Nectars Regulations 1977 Regulation 3(1)(a) 1977/928 The Condensed Milk and Dried Milk Regulations 1977 Regulation 3(1)(b) 1978/105 The Antioxidants in Food Regulations 1978 Regulation 3 1978/142 The Coffee and Coffee Products Regulations 1978 Regulation 3(a) 1979/1254 The Lead in Food Regulations 1979 Regulation 3(b) 1980/36 The Chloroform in Food Regulations 1980 Regulation 3(1)(a) 1980/1834 The Miscellaneous Additives in Food Regulations 1980 Regulation 3 1981/1063 The Jam and Similar Products Regulations 1981 Regulation 3(1)(b) except for the word “or” at the end 1983/1212 The Sweeteners in Food Regulations 1983 The word “or” at the end of regulation 3(a), and regulation 3(b) 1983/1508 The Milk-based Drinks (Hygiene and Heat) Treatment) Regulations 1983 Regulation 4 1983/1509 The Milk and Dairies (Heat Treatment of Cream) Regulations 1983 Regulation 3 1984/1304 The Bread and Flour Regulations 1984 Regulation 3(b) 1984/1305 The Food Labelling Regulations 1984 Regulation 3(2)(b) except for the word “or” at the end 1984/1566 The Meat Products and Spreadable Fish Products Regulations 1984 Regulation 3(2)(b) 1985/2026 The Caseins and Caseinates Regulations 1985 Regulation 3(c) 1988/2206 The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988 In paragraph 1 of Schedule 4, the words from “unless” to “the United Kingdom” inclusive 1989/533 The Preservatives in Food Regulations 1989 Regulation 3 1989/876 The Emulsifiers and Stabilisers in Food Regulations 1989 Regulation 3 1989/2383 The Milk (Special Designation) Regulations 1989 In Schedule 2, paragraph C4(b) the words from “unless” to “the United Kingdom” inclusive; In Part I of Schedule 4, paragraph A6(3) the words from “unless” to “the United Kingdom” inclusive; In Part II of Schedule 4, paragraph A5 the words from “unless” to “the United Kingdom” inclusive; In Part III of Schedule 4, paragraph A5(3) the words from “unless” to “the United Kingdom” inclusive. ## II: GREAT BRITAIN Column 1 Column 2 Column 3 S.I. No. Title Provisions Revoked 1985/71 The Natural Mineral Waters Regulations 1985 Regulation 3(1)(a); in regulation 3(2) the words “or for export to any other place within the European Economic Community” ## Schedule 2 AMENDMENT TO REGULATIONS APPLYING TO SCOTLAND Column 1 Column 2 Column 3 S.I. No. Title Provisions Revoked 1960/2437 The Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960 Regulation 2(2)(b) 1964/767 The Soft Drinks (Scotland) Regulations 1964 Regulation 5(1)(a) 1966/1255 The Butter (Scotland) Regulations 1966 Regulation 4(a) 1966/1263 The Mineral Hydrocarbons in Food (Scotland) Regulations 1966 Regulation 4(1)(h) 1968/263 The Solvents in Food (Scotland) Regulations 1968 Regulation 4 1970/108 The Cheese (Scotland) Regulations 1970 Regulation 3(a) 1970/1191 The Cream (Scotland) Regulations 1970 Regulation 3(a) 1970/1285 The Ice-Cream (Scotland) Regulations 1970 Regulation 3(a) 1970/1286 The Margarine (Scotland) Regulations 1970 Regulation 3(a) 1973/1310 The Colouring Matter in Food (Scotland) Regulations 1973 Regulation 3(a) 1976/914 The Cocoa and Chocolate Products (Scotland) Regulations 1976 Regulation 3(a) 1976/946 The Specified Sugar Products (Scotland) Regulations 1976 Regulation 3(a) 1976/1818 The Honey (Scotland) Regulations 1976 Regulation 3(a) 1976/1888 The Drinking Milk (Scotland) Regulations 1976 Regulation 3 1977/1026 The Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 Regulation 3(1)(a) 1977/1027 The Condensed Milk and Dried Milk (Scotland) Regulations 1977 Regulation 3(1)(b) 1977/1028 The Erucic Acid in Food (Scotland) Regulations 1977 Regulation 3(a) 1978/492 The Antioxidants in Food (Scotland) Regulations 1978 Regulation 3 1979/383 The Coffee and Coffee Products (Scotland) Regulations 1979 Regulation 3(a) 1979/1641 The Lead in Food (Scotland) Regulations 1979 The word “or” at the end of regulation 3(a), and regulation 3(b) 1980/289 The Chloroform in Food (Scotland) Regulations 1980 Regulation 3(1)(a) 1980/1889 The Miscellaneous Additives in Food (Scotland) Regulations 1980 Regulation 3 1981/1320 The Jam and Similar Products (Scotland) Regulations 1981 Regulation 3(1)(b) except for the word “or” at the end 1983/938 The Milk Labelling (Scotland) Regulations 1983 Regulation 3(1)(b) 1983/1497 The Sweeteners in Food (Scotland) Regulations 1983 The word “or” at the end of regulation 3(a), and regulation 3(b) 1983/1514 The Milk-based Drinks (Scotland) Regulations 1983 Regulation 4(b) 1983/1515 The Cream (Heat Treatment) (Scotland) Regulations 1983 Regulation 3(b) 1984/1518 The Bread and Flour (Scotland) Regulations 1984 Regulation 3(b) 1984/1519 The Food Labelling (Scotland) Regulations 1984 Regulation 3(2)(b) except for the word “or” at the end 1984/1714 The Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 Regulation 3(2)(b) 1986/836 The Caseins and Caseinates (Scotland) Regulations 1986 Regulation 3(c) 1989/581 The Preservatives in Food (Scotland) Regulations 1989 Regulation 3 1989/945 The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989 Regulation 3 ## Explanatory note (This note is not part of the Regulations) These Regulations implement Articles 2 and 3 of Council Directive No. 89/397/EEC (OJ No. L186, 30.6.89, p.23), on the approximation of the laws of the Member States relating to food and materials and articles intended to come into contact with food, as read with the ninth recital to that Directive. The Regulations replace provisions excluding food destined for export from each of the Regulations (except the Arsenic in Food Regulations 1959) listed in Schedules 1 and 2 by a defence relating to offences under those Regulations. The defence is available to a person who proves that the food, in respect of which the offence is alleged to have been committed, was intended for export and complied with the importing country’s legislation. There is a transitional provision to cover food intended for export which has been prepared and labelled for sale before 26th July 1991, when the Regulations come into force. The Regulations replace an export exclusion by a similar defence and transitional provision in the Materials and Articles in Contact with Food Regulations 1987, as amended. The Regulations also add a similar defence and transitional provision to the Arsenic in Food Regulations 1959. --- Source: https://www.legislation.gov.uk/uksi/1991/1476 (the official version) Page: https://openlegislation.uk/food-safety-exports-regulations-1991 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.