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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 )
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WELSH STATUTORY INSTRUMENTS


2007 No. 2315 (W.186 )

AGRICULTURE, WALES

FOOD, WALES

The Food (Suspension of the use of E 128 Red 2G as Food Colour) (Wales) (No.2) Regulations 2007

  Made 06 August 2007 
  Laid before the National Assembly for Wales 06 August2007 
  Coming into force 07 August 2007 

The Welsh Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 [1] as read with paragraph 1A of Schedule 2 to that Act.

     The Welsh Ministers are designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food [2].

     These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for any reference to Commission Regulation (EC) No. 884/2007 on emergency measures suspending the use of E 128 Red 2G as food colour[3] to be construed as a reference to that Regulation as amended from time to time.

Title and commencement
     1. The title of these Regulations is the Food (Suspension of the Use of E 128 Red 2G as Food Colour) (Wales) (No. 2) Regulations 2007 and they come into force on 7 August 2007.

Interpretation
    
2. —(1) In these Regulations—

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

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—

    (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 —

     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



EXPLANATORY NOTE

(This note is not part of the Regulations)


    
1. These Regulations provide for the execution and enforcement in relation to Wales of Commission Regulation (EC) No. 884/2007 on emergency measures suspending the use of E 128 Red 2G as food colour (OJ No. L195, 27.7.2007, p.8).

    
2. By virtue of European Parliament and Council Directive 94/36/EC (OJ No. L237, 10.9.1994, p.13, as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council, OJ No. L284, 31.10.2003, p.1), the colour E 128 Red 2G is legally authorised for use in all member States. That Directive has been implemented by the Colours in Food Regulations 1995 (S.I. 1995/3124, as amended). However, Commission Regulation (EC) No. 884/2007 suspends with immediate effect the use of the colour E 128 Red 2G in food and the placing on the market and the import of food containing the colour E 128 Red 2G.

    
3. These Regulations —

     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.


Notes:

[1] 1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51).back

[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



Cymraeg (Welsh)



ISBN 978 0 11 091602 6


 © Crown copyright 2007

Prepared 17 August 2007


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