Title and commencement

1

These Regulations may be cited as the Food Supplements (England) (Amendment) Regulations 2007; they come into force on 6th April 2007.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see above.

Amendment of the Food Supplements (England) Regulations 2003

2

Amendment of the Food Supplements (England) Regulations 20032

The Food Supplements (England) Regulations 2003 are amended in accordance with regulations 3 to 5.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see reg 1.

3

3

In regulation 2(1) (interpretation), in the definition of “Directive 2002/46” insert at the end “, as amended by Commission Directive 2006/37/EC amending Annex II to Directive 2002/46/EC of the European Parliament and of the Council as regards the inclusion of certain substances”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see reg 1.

4

4

In Schedule 1 (vitamins and minerals which may be used in the manufacture of food supplements), in Section 1 (vitamins), for “Folic acid” substitute “Folate”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see reg 1.

5

5

In Schedule 2 (form of vitamin and mineral substances which may be used in the manufacture of food supplements)—

(a)    in section A (vitamins), at item 10 for the heading “FOLIC ACID” substitute “FOLATE”, and under that (revised) heading insert at the end “(b) calcium-L-methylfolate”;

(b)    in section B (minerals) before “Cupric carbonate” insert “Ferrous bisglycinate”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see reg 1.

Signature

Signed by authority of the Secretary of State for Health

Caroline Flint

Minister of State,

Department of Health

Date 6 February 2007

EXPLANATORY NOTE

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

1    These Regulations amend the Food Supplements (England) Regulations 2003 which implement in England Directive 2002/46/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to food supplements (OJ No L183, 12.7.2002, p 51). These Regulations implement in England Commission Directive 2006/37/EC (OJ No L94, 1.4.2006, p 32) amending Annex II to Directive 2002/46/EC as regards the inclusion of certain substances.

2    The 2003 Regulations prohibit the sale of a food supplement in the manufacture of which a vitamin or mineral has been used unless that vitamin or mineral is listed in Schedule 1 to those Regulations and is in a form listed in Schedule 2 (the positive lists), subject to a transitional provision (regulation 5 and Schedules to those Regulations).

3    These Regulations—

(a)    add another form of the vitamin folate and another form of the mineral iron to the positive list in Schedule 2 to the 2003 Regulations (regulation 5) and make a consequential amendment (regulation 4);

(b)    update the definition of “Directive 2002/46/EC” in the 2003 Regulations (regulation 3).

4    A full regulatory impact assessment of the effect that these Regulations will have on the costs of business has been prepared and placed in the Library of each House of Parliament together with a Transposition Note setting out how the main elements of Directive 2006/37/EC are transposed in these Regulations. Copies may be obtained from Novel Foods, Additives and Supplements Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.