The Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 2004

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" , Commission Directive 2002/82/EC[6] Commission Directive 2003/95/EC[7] and Commission Directive 2004/45/EC[8]".

     4. In regulation 11, after paragraph (1D), there shall be inserted -

    " (1E) In any proceedings for an offence in contravention of regulation 3(1) where it is alleged that a food additive failed to satisfy the purity criteria for that additive, it shall be a defence for the accused to show either -


(a) that the food additive concerned is E431-E436, or polyethylene glycol 6000 and the food additive or food concerned was put on the market or labelled before 1st November 2004; or

(b) that the food additive concerned is E407, E407a, E1517 or E1519 and the food additive or food concerned was put on the market or labelled before 1st April 2005;



and that that matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulation 3 of the Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 2004 had not been in operation when that matter occurred."

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


14th October 2004.

L.S.

D. Kenny
A senior officer of the Department of Health, Social Services and Public Safety

E251 Sodium Nitrate

E431 Polyoxyethylene (40) Stearate

E432 Polyoxyethylene Sorbitan Monolaurate (Polysorbate 20)

E433 Polyoxyethylene Sorbitan Monooleate (Polysorbate 80)

E434 Polyoxyethylene Sorbitan Monopalmitate (Polysorbate 40)

E435 Polyoxyethylene Sorbitan Monostearate (Polysorbate 60)

E436 Polyoxyethylene Sorbitan Tristearate (Polysorbate 65)

E459 Beta-Cyclodextrin

Polyethylene Glycol 6000

E407 Carrageenan

E407a Processed Eucheuma seaweed

E907 Hydrogenated Poly-1-decene

E1517 Glyceryl Diacetate

E1519 Benzyl Alcohol

[2] S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28back

[3] O.J. No. L31, 1.2.2002, p. 1back

[4] S.R. 1996 No. 50, amended by S.R. 1997 No. 340, S.R. 1999 No. 244, S.R. 2001 No. 46, S.R. 2001 No. 419back

[5] O.J. No. L339, 30.12.1996, p. 1back

[6] O.J. No. L292, 28.10.2002, p. 1back

[7] O.J. No. L283, 31.10.2003, p. 71back

[8] O.J. No. L113, 20.4.2004, p. 19back

[9] O.J. No. L283, 31.10.2003, p. 71back

[10] O.J. No. L113, 20.4.2004, p. 19back

[11] O.J. No. L339, 30.12.1996, p. 1back

[12] In S.R. 1997 No. 340back

[13] S.R. 1996 No. 50, relevant amendments are S.R. 1997 No. 340, S.R. 1999 No. 244, S.R. 2001 No. 46 and S.R. 2001 No. 419back