
1 

(1) These Regulations may be cited as the Miscellaneous Food Additives Amendment (Scotland) Regulations 2004 and shall come into force on 1st November 2004.
(2) These Regulations extend to Scotland only.
2 
The Miscellaneous Food Additives Regulations 1995 are amended in accordance with regulations 3 and 4.
3 
In regulation 2(1) (interpretation), in the definition of “Directive 96/77/EC”, for “and Commission Directive 2002/82/EC”, substitute–“
 , Commission Directive 2002/82/EC, Commission Directive 2003/95/EC and Commission Directive 2004/45/EC”.
4 
In regulation 11 (transitional provisions and exemptions), after paragraph (1D), insert–“
(1E) In any proceedings for an offence under these Regulations where it is alleged that a food additive failed to satisfy the purity criteria for that additive, it shall be a defence for the person charged to show either–
(a) that the food additive concerned is E 431, E 432, E 433, E 434, E 435 or E 436, 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 E 407, E 407a, E 1517 or E 1519 and the food additive or food concerned was put on the market or labelled before 1st April 2005;
and that the matter constituting the offence would not have constituted an offence under these Regulations if the amendment made by regulation 3 of the Miscellaneous Food Additives Amendment (Scotland) Regulations 2004 had not been in force when the matter occurred.”.
TOM McCABE
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
23rd September 2004