The Smoke Flavourings (England) Regulations 2005
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The Secretary of State, in exercise of the powers conferred on him by sections 16(1)(a), (c), (e) and (f), 17(2), 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:
Title, commencement and application
1. These Regulations -
(b) shall come into force -
(ii) otherwise, on 16th June 2005;
(c) shall apply in relation to England only.
(b) the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and Middle Temple);
(2) Other expressions used in these
Regulations and in Regulation 2065/2003 have the same meanings in
these Regulations as in Regulation 2065/2003 and in these Regulations
any reference to a numbered article or annex is a reference to the
article or annex so numbered in Regulation
(b) if that food is part of a batch, lot or consignment of food of the same class or description, it shall be presumed, until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements.
(2) For the purposes of this regulation
"food" includes any primary smoke condensate, primary tar fraction or
derived smoke flavouring.
(b) section 20 (offences due to the fault of another person);
(c) section 21 (defence of due diligence) as it applies for the purposes of sections 14 or 15 of that Act);
(d) section 22 (defence of publication in the course of business);
(e) section 30(8) (which relates to documentary evidence);
(f) section 33(1) (obstruction, etc. of officers);
(g) section 33(2), with the modification that the reference to "any such requirement as is mentioned in subsection 1(b) above" shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (f);
(h) section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (f);
(i) section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (g);
(j) section 36 (offences by bodies corporate); and
(k) section 44 (protection of officers acting in good faith).
(This note is not part of the Regulations)
1. These Regulations, which apply to England, provide for the enforcement and execution of certain specified provisions of Regulation (EC) No. 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods (OJ No. L309, 26.11.2003, p.1).
2. In particular these Regulations -
(b) apply various provisions of the Food Safety Act 1990 with some modifications in their application for the purposes of these Regulations (regulations 4 and 6);
(c) establish penalties for failing to comply with certain specified provisions of Regulation (EC) No. 2065/2003 (regulation 5 and the Schedule);
(d) provide for certain food authorities to enforce the provisions of these Regulations and Regulation (EC) No. 2065/2003 (regulation 7).
3. A Regulatory Impact Assessment
has been prepared and placed in the Library of each House of
Parliament. Copies may be obtained from the Novel Foods, Additives and
Supplements Division of the Food Standards Agency, Aviation House, 125
Kingsway, London WC2B 6NH.
 1990 c. 16back
 Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), and paragraphs 12 and 21 of that Schedule amend respectively sections 17(1) and 48 of the 1990 Act. Section 48 was also amended by S.I. No. 2004/2990. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as read with section 40(3) of the 1999 Act, and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46), as read with section 40(2) of the 1999 Act.back
 OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4). By virtue of regulation 5 of the Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. No. 2004/2290), with effect from 7th December 2004 the consultation requirement contained in section 48(4) of the 1990 Act is disapplied in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.back
[a] Amended by Correction Slip. Page 1; the Laid before Parliament date should read "10th March 2005"; and back
ISBN 0 11 072513 1
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