[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutory Instruments made by the National Assembly for Wales
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Food (Suspension of the use of E 128 Red 2G as Food Colour) (Wales) (No.2) Regulations 2007 No. 2315 (W.186 ) URL: http://www.bailii.org/wales/legis/num_reg/2007/20072315e.html

[New search] [Help]

"food authority" ("awdurdod bwyd")[4] has the meaning that it bears by virtue of section 5(1A) of the Food Safety Act 1990[5].

    (2) Where any functions under the Food Safety Act 1990 are assigned—

(a) by an order under section 2 of the Public Health (Control of Disease) Act 1984[6], to a port health authority; or

(b) by an order under section 6 of the Public Health Act 1936[7], to a joint board for a united district,

any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

    (3) In these Regulations any reference to the Commission Regulation is a reference to the Commission Regulation as amended from time to time.

Suspension of activities involving the colour E128 Red 2G
     3. —(1) Notwithstanding the provisions of the Colours in Food Regulations 1995[8], any person who contravenes or fails to comply with the following provisions of the Commission Regulation is guilty of an offence—

(a) Article 1(1) (suspending the use of the colour E 128 Red 2G in food);

(b) Article 1(2) (suspending the placing on the market of food containing the colour E 128 Red 2G); or

(c) Article 1(3) (suspending the import of food containing the colour E 128 Red 2G).

    (2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding three months or to both.

Enforcement
     4. It is the duty of each food authority to execute and enforce these Regulations within its area.

Application of various provisions of the Food Safety Act 1990
     5. The following provisions of the Food Safety Act 1990 apply for the purposes of these Regulations with the modification that any reference in those provisions to that Act or Part thereof are to be construed as a reference to these Regulations —

(a) section 20 (offences due to fault of another person);

(b) section 21 (defence of due diligence)[9], with the modifications that subsections (2) to (4) apply in relation to an offence under regulation 3(1)(b) as they apply in relation to an offence under section 14 or 15 and that in subsection (4)(b) the references to "sale or intended sale" are deemed to be references to "placing on the market";

(c) section 32 (powers of entry);

(d) section 33(1) (obstruction etc. of officers);

(e) section 33(2), with the modification that the reference to "any such requirement as is mentioned in subsection (1)(b) above" are deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (d);

(f) section 35(1) (punishment of offences)[10], in so far as it relates to offences under section 33(1) as applied by sub-paragraph (d);

(g) section 35(2) and (3)[11], in so far as it relates to offences under section 33(2) as applied by sub-paragraph (e);

(h) section 36 (offences by bodies corporate);

(i) section 36A (offences by Scottish partnerships)[12]; and

(j) section 44 (protection of officers acting in good faith).

     6. The Food (Suspension of the use of E 128 Red 2G as Food Colour) (Wales) Regulations 2007[13] are revoked.


Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers

06 August 2007

     4. A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared and copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.

[2] S.I. 2005/1971. By virtue of section 162 of and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006, functions conferred on the National Assembly for Wales by this designation are exercisable by the Welsh Ministersback

[3] OJ No.. L195, 27.7.2007, p.8.back

[4] "awdurdod bwyd" in the Welsh Textback

[5] 1990 c.16.back

[6] 1984 c.22; section 7(3)(d) was substituted by paragraph 27 of Schedule 3 to the Food Safety Act 1990.back

[7] 1936 c.49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.back

[8] S.I. 1995/3124, to which there are amendments not relevant to these Regulationsback

[9] Section 21 was amended by S.I. 2004/3279.back

[10] Section 35(1) is amended by the Criminal Justice Act 2003 (2003 c. 44), Schedule 26, paragraph 42, from a date to be appointed.back

[11] Section 35(3) was amended by S.I. 2004/3279back

[12] Section 36A was inserted by the Food Standards Act 1999 (1999 c. 28), Schedule 5, paragraph 16.back

[13] S.I. 2007/2288 (W.178).back

 © Crown copyright 2007