European Communities (Food Additives other than Colours and Sweeteners) (Amendment) Regulations 2011.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Food Additives other than Colours and Sweeteners) (Amendment) Regulations 2011.
(2) The Principal Regulations, the Regulations of 2005 the Regulations of 2008 and these Regulations may be cited together as the European Communities (Food Additives other than Colours and Sweeteners) Regulations 2004 to 2011.
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paragraphs: In these Regulations—
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paragraphs: The Principal Regulations are amended-
(a) in Regulation 2(1), by substituting for the definition of “Annexes” the following—
“‘Annexes’ means the Annexes to European Parliament and Council Directive 95/2/EC1 of 20 February 1995 on food additives other than colours and sweeteners as amended by Directive 96/85/EC2 of the European Parliament and of the Council of 19 December 1996, Directive 98/72/EC3 of the European Parliament and of the Council of 15 October 1998, Directive 2001/5/EC4 of the European Parliament and of the Council of 12 February 2001, Directive 2003/52/EC5 of the European Parliament and of the Council of 18 June 2003, Directive 2003/114/EC5a of the European Parliament and of the Council of 22 December 2003, Directive 2006/52/EC5b of the European Parliament and of the Council of 5 July 2006 and Commission Directive 2010/69/EU5c of 22 October 2010;”,
“5b OJ L 204, 26.7.2006, p. 10, as affected by Corrigendum to Directive 2006/52/EC, OJ L 78, 17.03.2007, p. 32.”
“5c OJ L 279, 23.10.2010, p. 22.”,
(b) in Regulation 2(1), by substituting for the definition of “Directive” the following—
“‘Directive’ means European Parliament and Council Directive 95/2/EC1 of 20 February 1995 on food additives other than colours and sweeteners as amended by Directive 96/85/EC2 of the European Parliament and of the Council of 19 December 1996, Directive 98/72/EC3 of the European Parliament and of the Council of 15 October 1998, Directive 2001/5/EC4 of the European Parliament and of the Council of 12 February 2001, Directive 2003/52/EC5 of the European Parliament and of the Council of 18 June 2003, Directive 2003/114/EC5a of the European Parliament and of the Council of 22 December 2003, Directive 2006/52/EC5b of the European Parliament and of the Council of 5 July 2006 and Commission Directive 2010/69/EU5c of 22 October 2010.”,
(c) in Regulation 18, by substituting for paragraph (2) the following—
“A person who is guilty of an offence under these Regulations is liable:
(a) on summary conviction, to a class A fine or at the discretion of the Court to imprisonment for a term not exceeding 6 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years, or both.”,
(d) in Regulation 18, by inserting after paragraph (2) the following—
“(3) Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority or the official agency, as the case may be, the costs and expenses, measured by the court, incurred by the Authority or official agency in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisors engaged by the Authority or official agency.
(4) An order for costs and expenses under paragraph (3) is in addition to, and not instead of, any fine or penalty the court may impose under paragraph (2).”,
(e) by substituting for Regulation 19 the following—
“Notwithstanding section 57 of the Act of 1998, a summary offence under these Regulations may be prosecuted by:
(a) the Authority, or
(b) an official agency.”