1 Title, application and commencement

These Regulations may be cited as the Food for Particular Nutritional Uses (Miscellaneous Amendments) (England) Regulations 2007; they apply in relation to England only and come into force on 15th October 2007.

NOTES
Initial Commencement
Specified date

Specified date: 15 October 2007: see above.

2 Amendment of the Infant Formula and Follow-on Formula Regulations 1995

2Amendment of the Infant Formula and Follow-on Formula Regulations 1995

(1)    The Infant Formula and Follow-on Formula Regulations 1995 are amended in accordance with paragraph (2) in so far as they apply in relation to England.

(2)    In regulation 22 (offences and enforcement)—

(a)    in paragraph (1), insert at the beginning the words “Subject to paragraph (2B),”; and

(b)    immediately after paragraph (2A), add the following paragraph—

“(2B)    A person shall not be considered to have contravened or failed to comply with the provisions contained in regulation 2 where the sale which would otherwise have constituted a contravention of or a failure to comply with those provisions is the sale of an infant formula falling within the derogation set out in Article 1 of Commission Regulation (EC) No 1609/2006 authorising the placing on the market of infant formulae based on hydrolysates of whey protein derived from cows' milk protein for a two-year period.”.

NOTES
Initial Commencement
Specified date

Specified date: 15 October 2007: see reg 1.

3 Amendment of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997

3Amendment of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997

(1)    The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 are amended in accordance with paragraph (2) in so far as they apply in relation to England.

(2)    In regulation 4 (labelling, advertising and presentation) omit the words “or to a reduction in the sense of hunger or an increase in the sense of satiety”.

NOTES
Initial Commencement
Specified date

Specified date: 15 October 2007: see reg 1.

4 Amendment of the Medical Food (England) Regulations 2000

4Amendment of the Medical Food (England) Regulations 2000

(1)    The Medical Food (England) Regulations 2000 are amended in accordance with paragraph (2).

(2)    In regulation 2 (interpretation), for the definition of “the Directive” substitute the following definition—

““the Directive” means Commission Directive 1999/21/EC on dietary foods for special medical purposes as amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded and Commission Directive 2006/82/EC adapting Directive 91/321 on infant formulae and follow-on formulae and Directive 1999/21/EC on dietary foods for special medical purposes, by reason of the accession of Bulgaria and Romania;”.

NOTES
Initial Commencement
Specified date

Specified date: 15 October 2007: see reg 1.

5 Amendment of the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002

5Amendment of the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002

(1)    The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002 are amended in accordance with paragraph (2).

(2)    In paragraph (5) of regulation 3 (restrictions on sale) for the words “1st January 2007” substitute the words “1st January 2010”.

NOTES
Initial Commencement
Specified date

Specified date: 15 October 2007: see reg 1.

6 Amendment of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003

6Amendment of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003

(1)    The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003 are amended in accordance with paragraph (2).

(2)    In paragraph (1) of regulation 2 (interpretation), for the definition of “the Directive” substitute the following definition—

““the Directive” means Commission Directive 2006/125/EC on processed cereal-based foods and baby foods for infants and young children;”.

NOTES
Initial Commencement
Specified date

Specified date: 15 October 2007: see reg 1.

Signature

Signed by authority of the Secretary of State for Health

Ben Bradshaw

Minister of State

Department of Health

3rd September 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

1    These Regulations, which apply in relation to England only, amend the Regulations identified in the following paragraphs in the manner described in those paragraphs.

2    These Regulations amend the Infant Formula and Follow-on Formula Regulations 1995 (SI 1995/77, as amended, “the 1995 Regulations”) in so far as they apply in relation to England to provide for the execution and enforcement of Commission Regulation (EC) No 1609/2006 authorising the placing on the market of infant formula based on hydrolysates of whey protein derived from cows' milk protein for a two-year period (OJ No L299, 28.10.2006, p 9). They amend the 1995 Regulations to provide that a person shall not be considered to have contravened or failed to comply with the provisions contained in regulation 2 of the 1995 Regulations where the sale which would otherwise have constituted a contravention of or a failure to comply with those provisions and thus an offence is the sale of an infant formula falling within the derogation set out in Commission Regulation (EC) No 1609/2006 (regulation 2(2)).

3    These Regulations amend the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 (SI 1997/2182, as amended, “the 1997 Regulations”) in so far as they apply in relation to England to implement Commission Directive 2007/29/EC amending Directive 96/8/EC as regards labelling, advertising or presenting foods intended for use in energy-restricted diets for weight reduction (OJ No L139, 31.5.2007, p 22). They amend the 1997 Regulations to provide for the removal of the prohibition on selling certain foods where the labelling, advertising or presentation of that food refers to a reduction in the sense of hunger or an increase in the sense of satiety (regulation 3(2)).

4    These Regulations amend the Medical Food (England) Regulations 2000 (SI 2000/845, as amended, “the 2000 Regulations”) to implement Commission Directive 2006/82/EC adapting Directive 91/321/EEC on infant formulae and follow-on formulae and Directive 1999/21/EC on dietary food for special medical purposes, by reason of the accession of Bulgaria and Romania (OJ No L362, 20.12.2006, p 94). They amend the 2000 Regulations by substituting a revised definition of “the Directive” (to take account of Commission Directive 2006/82/EC) for the existing definition of “the Directive” in regulation 2 (interpretation) (regulation 4(2)).

5    These Regulations amend the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002 (SI 2002/1817, as amended, “the 2002 Regulations”) to implement Commission Directive 2007/26/EC amending Directive 2004/6/EC to extend its period of application (OJ No L118, 8.5.2007, p 5). They amend the 2002 Regulations to provide that certain restrictions contained in those Regulations shall not apply to certain substances until 1st January 2010 (regulation 5(2)).

6    These Regulations amend the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003 (SI 2003/3207, as amended, “the 2003 Regulations”) to implement Commission Directive 2006/125/EC on processed cereal-based foods and baby foods for infants and young children (OJ No L339, 6.12.2006, p 16). They amend the 2003 Regulations by substituting a revised definition of the “the Directive” (so that it now refers to Commission Directive 2006/125/EC) for the existing definition of “the Directive” in paragraph (1) of regulation 2 (interpretation) (regulation 6(2)).

7    A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Nutrition Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

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