LegalizeThe Food Safety (Exports) Regulations 1991
Made: 20th June 1991
Laid before Parliament: 5th July 1991
Coming into force: 26th July 1991
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health, and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 4(1), 16(1), (2) and (3), 17(1), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990[^f00001] and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of that Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the Following Regulations:—
Title and commencement
1
These Regulations may be cited as the Food Safety (Exports) Regulations 1991 and shall come into force on 26th July 1991.
Amendment of existing food related Regulations
2
- (1) After the last regulation in each of the Regulations specified in columns 1 and 2 of Schedules 1 and 2 to these Regulations there shall be inserted the following regulation numbered sequentially—
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that the food in respect of which the offence is alleged to have been committed— (a) was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence ; or (b) was intended for export and was prepared and labelled for sale before 26th July 1991.
- (2) The provisions of the Regulations, if any, specified in column 3 of Schedules 1 and 2 to these Regulations shall be revoked.
Amendment of the Materials and Articles in Contact with Food Regulations 1987
3
- (1) After the last regulation in the Materials and Articles in Contact with Food Regulations 1987[^f00002] there shall be inserted the following regulation numbered sequentially—
In any proceedings under these Regulations it shall be a defence for the person charged to prove that the material or article in respect of which the offence is alleged to have been committed— (a) was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence ; or (b) was intended for export and was prepared and labelled for sale before 26th July 1991.
- (2) Regulation 3(c) of those Regulations shall be revoked.
SCHEDULE 1 — AMENDMENTS TO REGULATIONS APPLYING TO ENGLAND AND WALES AND GREAT BRITAIN
PART I: — ENGLAND AND WALES
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| S.I. No. | Title | Provisions Revoked |
| 1959/831[^f00003] | The Arsenic in Food Regulations 1959 | |
| 1960/2331[^f00003] | The Skimmed Milk with Non-Milk Fat Regulations 1960 | Regulation 2(2)(b) |
| 1964/760[^f00003] | The Soft Drinks Regulations 1964 | Regulation 4(1)(a) |
| 1966/1073[^f00003] | The Mineral Hydrocarbons in Food Regulations 1966 | Regulation 3(1)(h) |
| 1966/1074[^f00003] | The Butter Regulations 1966 | Regulation 3(a) |
| 1967/1582[^f00003] | The Solvents in Food Regulations 1967 | Regulation 3 |
| 1967/1866[^f00003] | The Ice-Cream Regulations 1967 | Regulation 3(a) |
| 1967/1867[^f00003] | The Margarine Regulations 1967 | Regulation 3(a) |
| 1970/94[^f00003] | The Cheese Regulations 1970 | Regulation 3(a) |
| 1970/752[^f00003] | The Cream Regulations 1970 | Regulation 3(a) |
| 1973/1340[^f00003] | The Colouring Matter in Food Regulations 1973 | Regulation 3(a) |
| 1976/509[^f00003] | The Specified Sugar Products Regulations 1976 | Regulation 3(a) |
| 1976/541[^f00003] | The Cocoa and Chocolate Products Regulations 1976 | Regulation 3(a) |
| 1976/1832[^f00003] | The Honey Regulations 1976 | Regulation 3(a) |
| 1976/1883[^f00003] | The Drinking Milk Regulations 1976 | Regulation 3 |
| 1977/691[^f00003] | The Erucic Acid in Food Regulations 1977 | Regulation 3(a) |
| 1977/927[^f00003] | The Fruit Juices and Fruit Nectars Regulations 1977 | Regulation 3(1)(a) |
| 1977/928[^f00003] | The Condensed Milk and Dried Milk Regulations 1977 | Regulation 3(1)(b) |
| 1978/105[^f00003] | The Antioxidants in Food Regulations 1978 | Regulation 3 |
| 1978/142[^f00003] | The Coffee and Coffee Products Regulations 1978 | Regulation 3(a) |
| 1979/1254[^f00003] | The Lead in Food Regulations 1979 | Regulation 3(b) |
| 1980/36[^f00003] | The Chloroform in Food Regulations 1980 | Regulation 3(1)(a) |
| 1980/1834[^f00003] | The Miscellaneous Additives in Food Regulations 1980 | Regulation 3 |
| 1981/1063[^f00003] | The Jam and Similar Products Regulations 1981 | Regulation 3(1)(b) except for the word “or” at the end |
| 1983/1212[^f00003] | The Sweeteners in Food Regulations 1983 | The word “or” at the end of regulation 3(a), and regulation 3(b) |
| 1983/1508[^f00003] | The Milk-based Drinks (Hygiene and Heat) Treatment) Regulations 1983 | Regulation 4 |
| 1983/1509[^f00003] The Milk and Dairies (Heat Treatment of Cream) Regulations 1983 | Regulation 3 | |
| 1984/1304[^f00003] | The Bread and Flour Regulations 1984 | Regulation 3(b) |
| 1984/1305[^f00003] | The Food Labelling Regulations 1984 | Regulation 3(2)(b) except for the word “or” at the end |
| 1984/1566[^f00003] | The Meat Products and Spreadable Fish Products Regulations 1984 | Regulation 3(2)(b) |
| 1985/2026[^f00003] | The Caseins and Caseinates Regulations 1985 | Regulation 3(c) |
| 1988/2206[^f00003] | The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988 | In paragraph 1 of Schedule 4, the words from “unless” to “the United Kingdom” inclusive |
| 1989/533[^f00003] | The Preservatives in Food Regulations 1989 | Regulation 3 |
| 1989/876[^f00003] | The Emulsifiers and Stabilisers in Food Regulations 1989 | Regulation 3 |
| 1989/2383[^f00004] | The Milk (Special Designation) Regulations 1989 | In Schedule 2, paragraph C4(b) the words from “unless” to “the United Kingdom” inclusive; In Part I of Schedule 4, paragraph A6(3) the words from “unless” to “the United Kingdom” inclusive; In Part II of Schedule 4, paragraph A5 the words from “unless” to “the United Kingdom” inclusive; In Part III of Schedule 4, paragraph A5(3) the words from “unless” to “the United Kingdom” inclusive. |
PART II: — GREAT BRITAIN
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| S.I. No. | Title | Provisions Revoked |
| 1985/71[^f00003] | The Natural Mineral Waters Regulations 1985 | Regulation 3(1)(a); in regulation 3(2) the words “or for export to any other place within the European Economic Community” |
SCHEDULE 2 — AMENDMENT TO REGULATIONS APPLYING TO SCOTLAND
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| S.I. No. | Title | Provisions Revoked |
| 1960/2437[^f00003] | The Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960 | Regulation 2(2)(b) |
| 1964/767[^f00003] | The Soft Drinks (Scotland) Regulations 1964 | Regulation 5(1)(a) |
| 1966/1255[^f00003] | The Butter (Scotland) Regulations 1966 | Regulation 4(a) |
| 1966/1263[^f00003] | The Mineral Hydrocarbons in Food (Scotland) Regulations 1966 | Regulation 4(1)(h) |
| 1968/263[^f00003] | The Solvents in Food (Scotland) Regulations 1968 | Regulation 4 |
| 1970/108[^f00003] | The Cheese (Scotland) Regulations 1970 | Regulation 3(a) |
| 1970/1191[^f00003] | The Cream (Scotland) Regulations 1970 | Regulation 3(a) |
| 1970/1285[^f00003] | The Ice-Cream (Scotland) Regulations 1970 | Regulation 3(a) |
| 1970/1286[^f00003] | The Margarine (Scotland) Regulations 1970 | Regulation 3(a) |
| 1973/1310[^f00003] | The Colouring Matter in Food (Scotland) Regulations 1973 | Regulation 3(a) |
| 1976/914[^f00003] | The Cocoa and Chocolate Products (Scotland) Regulations 1976 | Regulation 3(a) |
| 1976/946[^f00003] | The Specified Sugar Products (Scotland) Regulations 1976 | Regulation 3(a) |
| 1976/1818[^f00003] | The Honey (Scotland) Regulations 1976 | Regulation 3(a) |
| 1976/1888[^f00003] | The Drinking Milk (Scotland) Regulations 1976 | Regulation 3 |
| 1977/1026[^f00003] | The Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 | Regulation 3(1)(a) |
| 1977/1027[^f00003] | The Condensed Milk and Dried Milk (Scotland) Regulations 1977 | Regulation 3(1)(b) |
| 1977/1028[^f00003] | The Erucic Acid in Food (Scotland) Regulations 1977 | Regulation 3(a) |
| 1978/492[^f00003] | The Antioxidants in Food (Scotland) Regulations 1978 | Regulation 3 |
| 1979/383[^f00003] | The Coffee and Coffee Products (Scotland) Regulations 1979 | Regulation 3(a) |
| 1979/1641[^f00003] | The Lead in Food (Scotland) Regulations 1979 | The word “or” at the end of regulation 3(a), and regulation 3(b) |
| 1980/289[^f00003] | The Chloroform in Food (Scotland) Regulations 1980 | Regulation 3(1)(a) |
| 1980/1889[^f00003] | The Miscellaneous Additives in Food (Scotland) Regulations 1980 | Regulation 3 |
| 1981/1320[^f00003] | The Jam and Similar Products (Scotland) Regulations 1981 | Regulation 3(1)(b) except for the word “or” at the end |
| 1983/938[^f00003] | The Milk Labelling (Scotland) Regulations 1983 | Regulation 3(1)(b) |
| 1983/1497[^f00003] | The Sweeteners in Food (Scotland) Regulations 1983 | The word “or” at the end of regulation 3(a), and regulation 3(b) |
| 1983/1514[^f00003] | The Milk-based Drinks (Scotland) Regulations 1983 | Regulation 4(b) |
| 1983/1515[^f00003] | The Cream (Heat Treatment) (Scotland) Regulations 1983 | Regulation 3(b) |
| 1984/1518[^f00003] | The Bread and Flour (Scotland) Regulations 1984 | Regulation 3(b) |
| 1984/1519[^f00003] | The Food Labelling (Scotland) Regulations 1984 | Regulation 3(2)(b) except for the word “or” at the end |
| 1984/1714[^f00003] | The Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 | Regulation 3(2)(b) |
| 1986/836[^f00003] | The Caseins and Caseinates (Scotland) Regulations 1986 | Regulation 3(c) |
| 1989/581[^f00003] | The Preservatives in Food (Scotland) Regulations 1989 | Regulation 3 |
| 1989/945[^f00003] | The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989 | Regulation 3 |
Signed
In witness thereof the Official Sela of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th June 1991.
John Selwyn Gummer — Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Stephen Dorrell — Parliamentary Under-Secretary of State, — Department of Health — 18th June 1991
David Hunt — Secretary of State for Wales — 18th June 1991
Strathclyde — Parliamentary Under-Secretary of State, Scottish Office — 19th June 1991
Explanatory note
(This note is not part of the Regulations)
These Regulations implement Articles 2 and 3 of Council Directive No. 89/397/EEC (OJ No. L186, 30.6.89, p.23), on the approximation of the laws of the Member States relating to food and materials and articles intended to come into contact with food, as read with the ninth recital to that Directive.
The Regulations replace provisions excluding food destined for export from each of the Regulations (except the Arsenic in Food Regulations 1959) listed in Schedules 1 and 2 by a defence relating to offences under those Regulations. The defence is available to a person who proves that the food, in respect of which the offence is alleged to have been committed, was intended for export and complied with the importing country’s legislation. There is a transitional provision to cover food intended for export which has been prepared and labelled for sale before 26th July 1991, when the Regulations come into force. The Regulations replace an export exclusion by a similar defence and transitional provision in the Materials and Articles in Contact with Food Regulations 1987, as amended.
The Regulations also add a similar defence and transitional provision to the Arsenic in Food Regulations 1959.
Footnotes
[^f00001]: 1990 c. 16.
[^f00002]: S.I. 1987/1523, amended by S.I. 1990/2487.
[^f00003]: To which there are amendments not relevant to these Regulations.
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