APPENDIX 1
S.I. 2004/2334; S.I. 2004/2335: memorandum from
the Food Standards Agency
Genetically Modified Animal Feed (England) Regulations 2004 (S.I. 2004/2334);
Genetically Modified Food (England) Regulations 2004 (S.I. 2004/2335)
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1. The Committee considered the above instruments at its meeting
on 26 October 2004 and requested a memorandum on the following
point:
Regulation 5(1) and (2) of each instrument provides
that any person "who after the date on which these Regulations
come into force" contravenes certain specified Community
provisions shall be guilty of an offence. Is it intended that
a contravention on the date on which the Regulations came into
force (4 October 2004) should not be an offence?
2. Mindful of the Committee's comments in its Fourteenth
Report of Session 2002-03 in relation to S.I. 2003/229, the intention
was to make clear that the penalty provisions in these delayed
SIs were not to be construed as purporting retrospectively to
penalise contraventions of the relevant EC Regulation occurring
prior to their coming into force. Regulation (EC) No 1829/2003
had itself come into effect on 18 April 2004.
3. The use of the wording "after the date on
which these Regulations come into force" means that a contravention
of the EC Regulation on the day the SI came into force (4 October)
is not an offence.
28 October 2004
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