1991 No. 1476
FOOD
The 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 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:—
1990 c. 16.

1 Title and commencement
These Regulations may be cited as the Food Safety (Exports) Regulations 1991 and shall come into force on 26th July 1991.

2 Amendment of existing food related Regulations
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—

“Defences in relation to exports
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.

3 Amendment of the Materials and Articles in Contact with Food Regulations 1987
1 After the last regulation in the Materials and Articles in Contact with Food Regulations 1987 there shall be inserted the following regulation numbered sequentially—

“Defences in relation to exports
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.”

.
S.I.1987/1523, amended by S.I.1990/2487.
2 Regulation 3(c) of those Regulations shall be revoked.
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

SCHEDULE 1 AMENDMENTS TO REGULATIONS APPLYING TO ENGLAND AND WALES AND GREAT BRITAIN
Regulation 2

PART I: ENGLAND AND WALES
Column 1	Column 2	Column 3
S.I.No.	Title	Provisions Revoked
1959/831	The Arsenic in Food Regulations 1959	
1960/2331	The Skimmed Milk with Non-Milk Fat Regulations 1960	Regulation 2(2)(b)
1964/760	The Soft Drinks Regulations 1964	Regulation 4(1)(a)
1966/1073	The Mineral Hydrocarbons in Food Regulations 1966	Regulation 3(1)(h)
1966/1074	The Butter Regulations 1966	Regulation 3(a)
1967/1582	The Solvents in Food Regulations 1967	Regulation 3
1967/1866	The Ice-Cream Regulations 1967	Regulation 3(a)
1967/1867	The Margarine Regulations 1967	Regulation 3(a)
1970/94	The Cheese Regulations 1970	Regulation 3(a)
1970/752	The Cream Regulations 1970	Regulation 3(a)
1973/1340	The Colouring Matter in Food Regulations 1973	Regulation 3(a)
1976/509	The Specified Sugar Products Regulations 1976	Regulation 3(a)
1976/541	The Cocoa and Chocolate Products Regulations 1976	Regulation 3(a)
1976/1832	The Honey Regulations 1976	Regulation 3(a)
1976/1883	The Drinking Milk Regulations 1976	Regulation 3
1977/691	The Erucic Acid in Food Regulations 1977	Regulation 3(a)
1977/927	The Fruit Juices and Fruit Nectars Regulations 1977	Regulation 3(1)(a)
1977/928	The Condensed Milk and Dried Milk Regulations 1977	Regulation 3(1)(b)
1978/105	The Antioxidants in Food Regulations 1978	Regulation 3
1978/142	The Coffee and Coffee Products Regulations 1978	Regulation 3(a)
1979/1254	The Lead in Food Regulations 1979	Regulation 3(b)
1980/36	The Chloroform in Food Regulations 1980	Regulation 3(1)(a)
1980/1834	The Miscellaneous Additives in Food Regulations 1980	Regulation 3
1981/1063	The Jam and Similar Products Regulations 1981	Regulation 3(1)(b) except for the word “or” at the end
1983/1212	The Sweeteners in Food Regulations 1983	The word “or” at the end of regulation 3(a), and regulation 3(b)
1983/1508	The Milk-based Drinks (Hygiene and Heat) Treatment) Regulations 1983	Regulation 4
1983/1509 The Milk and Dairies (Heat Treatment of Cream) Regulations 1983	Regulation 3
1984/1304	The Bread and Flour Regulations 1984	Regulation 3(b)
1984/1305	The Food Labelling Regulations 1984	Regulation 3(2)(b) except for the word “or” at the end
1984/1566	The Meat Products and Spreadable Fish Products Regulations 1984	Regulation 3(2)(b)
1985/2026	The Caseins and Caseinates Regulations 1985	Regulation 3(c)
1988/2206	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	The Preservatives in Food Regulations 1989	Regulation 3
1989/876	The Emulsifiers and Stabilisers in Food Regulations 1989	Regulation 3
1989/2383	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.
To which there are amendments not relevant to these Regulations.
Amended by S.I.1990/2487, 2492.

PART II: GREAT BRITAIN
Column 1	Column 2	Column 3
S.I.No.	Title	Provisions Revoked
1985/71	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
Regulation 2
Column 1	Column 2	Column 3
S.I.No.	Title	Provisions Revoked
1960/2437	The Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960	Regulation 2(2)(b)
1964/767	The Soft Drinks (Scotland) Regulations 1964	Regulation 5(1)(a)
1966/1255	The Butter (Scotland) Regulations 1966	Regulation 4(a)
1966/1263	The Mineral Hydrocarbons in Food (Scotland) Regulations 1966	Regulation 4(1)(h)
1968/263	The Solvents in Food (Scotland) Regulations 1968	Regulation 4
1970/108	The Cheese (Scotland) Regulations 1970	Regulation 3(a)
1970/1191	The Cream (Scotland) Regulations 1970	Regulation 3(a)
1970/1285	The Ice-Cream (Scotland) Regulations 1970	Regulation 3(a)
1970/1286	The Margarine (Scotland) Regulations 1970	Regulation 3(a)
1973/1310	The Colouring Matter in Food (Scotland) Regulations 1973	Regulation 3(a)
1976/914	The Cocoa and Chocolate Products (Scotland) Regulations 1976	Regulation 3(a)
1976/946	The Specified Sugar Products (Scotland) Regulations 1976	Regulation 3(a)
1976/1818	The Honey (Scotland) Regulations 1976	Regulation 3(a)
1976/1888	The Drinking Milk (Scotland) Regulations 1976	Regulation 3
1977/1026	The Fruit Juices and Fruit Nectars (Scotland) Regulations 1977	Regulation 3(1)(a)
1977/1027	The Condensed Milk and Dried Milk (Scotland) Regulations 1977	Regulation 3(1)(b)
1977/1028	The Erucic Acid in Food (Scotland) Regulations 1977	Regulation 3(a)
1978/492	The Antioxidants in Food (Scotland) Regulations 1978	Regulation 3
1979/383	The Coffee and Coffee Products (Scotland) Regulations 1979	Regulation 3(a)
1979/1641	The Lead in Food (Scotland) Regulations 1979	The word “or” at the end of regulation 3(a), and regulation 3(b)
1980/289	The Chloroform in Food (Scotland) Regulations 1980	Regulation 3(1)(a)
1980/1889	The Miscellaneous Additives in Food (Scotland) Regulations 1980	Regulation 3
1981/1320	The Jam and Similar Products (Scotland) Regulations 1981	Regulation 3(1)(b) except for the word “or” at the end
1983/938	The Milk Labelling (Scotland) Regulations 1983	Regulation 3(1)(b)
1983/1497	The Sweeteners in Food (Scotland) Regulations 1983	The word “or” at the end of regulation 3(a), and regulation 3(b)
1983/1514	The Milk-based Drinks (Scotland) Regulations 1983	Regulation 4(b)
1983/1515	The Cream (Heat Treatment) (Scotland) Regulations 1983	Regulation 3(b)
1984/1518	The Bread and Flour (Scotland) Regulations 1984	Regulation 3(b)
1984/1519	The Food Labelling (Scotland) Regulations 1984	Regulation 3(2)(b) except for the word “or” at the end
1984/1714	The Meat Products and Spreadable Fish Products (Scotland) Regulations 1984	Regulation 3(2)(b)
1986/836	The Caseins and Caseinates (Scotland) Regulations 1986	Regulation 3(c)
1989/581	The Preservatives in Food (Scotland) Regulations 1989	Regulation 3
1989/945	The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989	Regulation 3

(This note is not part of the Regulations)
These Regulations implement Articles 2 and 3 of Council Directive No.89/397/EEC (OJNo. 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.