The Nutrition (Amendment etc.) (EU Exit) Regulations 2020

Type Statutory-Instrument
Publication 2020-12-07
Last updated 2021-02-21
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles Not indexed
Reform history JSON API

Made: 7th December 2020

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1), 8C(1) and 23 of, and paragraphs 21 and 38 of Schedule 7 to, the European Union (Withdrawal) Act 2018 and section 41(1) of the European Union (Withdrawal Agreement) Act 2020 .

A draft of this instrument has been approved by a resolution of each House of Parliament, in accordance with paragraphs 1 and 8F of Schedule 7 to the European Union (Withdrawal) Act 2018.

There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety .

PART 1 — Preliminary

Citation, commencement, application and interpretation

1

PART 2 — Amendment of the 2019 Regulations

Amendment of Part 1 of the 2019 Regulations

2

In Part 1 of the 2019 Regulations (preliminary), in regulation 1(2) (application), for “the United Kingdom” substitute “ England and Wales and Scotland ”.

Amendment of Part 2 of the 2019 Regulations

3

Amendment of Part 3 of the 2019 Regulations

4

Amendment of Part 4 of the 2019 Regulations

5

(9) The appropriate authority is the Secretary of State if consent is given by: (a) for regulations, guidelines, applications or the register of claims in relation to Scotland, the Scottish Ministers; (b) for regulations, guidelines, applications or the register of claims in relation to Wales, the Welsh Ministers;

(d) for authorisation in Great Britain, any competent authority.

(d) for use of the health claim in Great Britain, any competent authority.

Amendment of Part 5 of the 2019 Regulations

6

(4) In the Annex, in the table (list of permitted health claims), after the second entry relating to “water” insert— (a) in the column entitled “Nutrient, substance, food or food category”, “Water-Soluble Tomato Concentrate (WSTC) I and II”; (b) in the column entitled “Claim”, “Water-Soluble Tomato Concentrate (WSTC) I and II helps maintain normal platelet aggregation, which contributes to healthy blood flow”; (c) in the column entitled “Conditions of use of the claim”, “Information to the consumer that the beneficial effect is obtained with a daily consumption of 3 g WSTC I or 150 mg WSTC II in up to 250 ml of either fruit juices, flavoured drinks or yogurt drinks (unless heavily pasteurised) or with a daily consumption of 3 g WSTC I or 150 mg WSTC II in food supplements when taken with a glass of water or other liquid”; (d) in the column entitled “EFSA Journal number”, “2010; 8(7): 1689”.

(5) In Article 8 (specific requirements for food for special medical purposes developed to satisfy the nutritional requirements of infants)— (a) in paragraph 1, for “a language easily understood by the consumers”, substitute “ English ”; (b) in paragraph 4, for “Member States”, substitute “ The appropriate authority ”; (c) after paragraph 6, insert— (7) In this Article “appropriate authority” means— (a) in respect of food developed in England, the Secretary of State; (b) in respect of food developed in Wales, the Welsh Ministers; (c) in respect of food developed in Scotland, the Scottish Ministers.

(8) In Annex IV (name referred to in Article 4), for “respectively:” to the end of that Annex, substitute “ “Food for special medical purposes”.

PART 3 — Amendment of EU Tertiary Legislation

Amendment of 2009/980/EU: Commission Decision

7

Amendment of Commission Delegated Regulation (EU) 2016/127

8

(5) In this Article, “appropriate authority” means— (a) in respect of advertising in England, the Secretary of State; (b) in respect of advertising in Wales, the Welsh Ministers; (c) in respect of advertising in Scotland, the Scottish Ministers.

(4) In this Article, “appropriate authority” means— (a) in respect of information or educational equipment or materials to be provided in England, the Secretary of State; (b) in respect of information or educational equipment or materials to be provided in Wales, the Welsh Ministers; (c) in respect of information or educational equipment or materials to be provided in Scotland, the Scottish Ministers.

(1) When infant formula is placed on the market, the food business operator shall notify the competent authority of each part of Great Britain where the product concerned is being marketed of the information appearing on the label, by sending to it a model of the label used for the product, and of any other information the competent authority may reasonably request to establish compliance with this Regulation. (2) When follow-on formula manufactured from protein hydrolysates or follow-on formula containing other substances than those listed in Annex II are placed on the market, the food business operator shall notify the competent authority of each part of Great Britain where the product concerned is being marketed of the information appearing on the label, by sending to it a model of the label used for the product, and of any other information the competent authority may reasonably request to establish compliance with this Regulation. (3) In this Article, “competent authority” means— (a) in respect of infant formula, or follow-on formula manufactured from protein hydrolysates or follow-on formula containing other substances than those listed in Annex II being placed on the market in England, the Secretary of State; (b) in respect of infant formula, or follow-on formula manufactured from protein hydrolysates or follow-on formula containing other substances than those listed in Annex II being placed on the market in Wales, the Welsh Ministers; (c) in respect of infant formula, or follow-on formula manufactured from protein hydrolysates or follow-on formula containing other substances than those listed in Annex II being placed on the market in Scotland, Food Standards Scotland.

Amendment of Commission Delegated Regulation (EU) 2019/343

9

Class of food Generic descriptor
Hard and soft sweets based on sugars as well as sugar-free and calorie-reduced variants based on sweeteners (polyols and/or intense sweeteners) containing extracts of herbs, fruit or other plant substances, honey or malt Cough drops
Non-alcoholic carbonated beverage containing the bittering agent quinine in the form of the flavourings FL 14.011, FL 14.152 or FL 14.155 as referred to in the domestic list of flavourings as laid down in Annex I to Regulation (EC) No 1334/2008 Tonic

Amendment of Commission Regulation (EU) No 2019/651

10

PART 4 — Revocation

Revocation of the Nutrition (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

11

The Nutrition (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 are revoked.

Signed

Signed by authority of the Secretary of State for Health and Social Care

Edward Argar — Minister of State, — 2020-12-07

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16. The European Union (Withdrawal) Act 2018 was amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”). Section 8C was inserted by section 21 of the 2020 Act. Paragraph 8F of Schedule 7 was inserted by section 41(4) of, and paragraphs 38 and 51 of Schedule 5 to, the 2020 Act. Paragraph 21 of Schedule 7 was amended by section 41(4) of, and paragraphs 38 and 53 of Schedule 5 to, the 2020 Act.

[^f00002]: 2020 c. 1.

[^f00003]: OJ No. L 31, 1.2.2002, p. 1, last amended by Regulation (EU) 2019/1381 (OJ No. L 231, 6.9.2019, p.1).

[^f00004]: S.I. 2019/651.

[^f00005]: S.I. 2009/3051, amended by S.I. 2019/651.

[^f00006]: S.I. 2016/688, amended by S.I. 2017/62, 2019/44, 651 and 2020/43.

[^f00007]: S.I. 2019/650.

Editorial notes

[^c24368581]: 2018 c. 16. The European Union (Withdrawal) Act 2018 was amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”). Section 8C was inserted by section 21 of the 2020 Act. Paragraph 8F of Schedule 7 was inserted by section 41(4) of, and paragraphs 38 and 51 of Schedule 5 to, the 2020 Act. Paragraph 21 of Schedule 7 was amended by section 41(4) of, and paragraphs 38 and 53 of Schedule 5 to, the 2020 Act.

[^c24368591]: 2020 c. 1.

[^c24368601]: OJ No. L 31, 1.2.2002, p. 1, last amended by Regulation (EU) 2019/1381 (OJ No. L 231, 6.9.2019, p.1).

[^c24368611]: S.I. 2019/651.

[^c24368621]: S.I. 2009/3051, amended by S.I. 2019/651.

[^c24368631]: S.I. 2016/688, amended by S.I. 2017/62, 2019/44, 651 and 2020/43.

[^c24368641]: S.I. 2019/650.

[^key-d306737a3c34380bbf19bca128bab451]: Reg. 1 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)

[^key-35454e06c115a0c3081951970749d313]: Reg. 2 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)

[^key-1fa2b3c30c8977696ed51f9a0b52142c]: Reg. 3 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)

[^key-0c535ee4dadb5687f68aacc4c4c6ceaf]: Reg. 4 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)

[^key-a2c0988cd89a5dfaacef2794d85065b0]: Reg. 5 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)

[^key-3746a2ccf6aa946915f1bc03a6724c0f]: Reg. 6 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)

[^key-ea4d9f4284df4bd278c95dbc598c3818]: Reg. 7 in force at 31.12.2020 on IP completion day, see reg. 1(3)

[^key-df22c3c1fe3792894058b70ca45e434f]: Reg. 8 in force at 31.12.2020 on IP completion day, see reg. 1(3)

[^key-3af21460d000b4619e0889919cae6cd0]: Reg. 9 in force at 31.12.2020 on IP completion day, see reg. 1(3)

[^key-04ed16f048f155fb34bec378850d6bb6]: Reg. 10 in force at 31.12.2020 on IP completion day, see reg. 1(3)

[^key-7f07f44ac053a2b47e4cb20113d96737]: Reg. 11 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)

[^key-08fe12c8c5a70d5f167463288d3e1c28]: Word in reg. 8(1)(a) substituted (21.2.2021) by The Nutrition (Amendment) and Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment) Regulations 2021 (S.I. 2021/168), regs. 1(2), 3(2)

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.