The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations provide for the continued implementation in England of Commission Directive 96/5/EC on processed cereal-based foods and baby foods for infants and young children, as amended by Commission Directives 1998/36/EC and 1999/39/EC and now as further amended by Commission Directive 2003/13/EC. These Regulations revoke and replace in relation to England the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997, as amended.

2.  These Regulations come into force on 6th March 2005. They—

(a) prohibit the sale of processed cereal-based foods and baby foods for infants and young children unless they comply with the manufacturing and compositional requirements in regulations 5 to 7 and the labelling requirements in regulation 8 (regulation 4);

(b) exempt from their application any baby food which is a milk intended for young children (regulation 3);

(c) specify the enforcement authorities (regulation 9);

(d) create an offence and prescribe a penalty (regulation 10);

(e) provide a defence in relation to exports in accordance with Articles 2 and 3 of Council Directive 89/397/EEC (OJ No. L186, 30.6.89, p.23) on the official control of foodstuffs (regulation 11);

(f) apply certain provisions of the Food Safety Act 1990 (regulation 12); and

(g) contain a revocation provision (regulation 13) and make a consequential amendment (regulation 14).

3.  In implementation of Directive 2003/13/EC these Regulations prohibit the sale of processed cereal-based foods and baby foods for infants and young children if those foods contain pesticide residues above certain levels. Different levels are set depending on the pesticide in question (regulation 7 and Schedules 6 and 7). In implementation of the final sentence of Article 6(2) of Directive 96/5/EC as substituted by Directive 1999/39/EC, provision is made as to analytical methods (regulation 7(5)).

4.  These Regulations also make some minor, drafting and technical changes, particularly to the provision applying certain provisions of the 1990 Act (regulation 12). Port health authorities now have a role in enforcement (regulation 9). The offence provision now relates only to a contravention of the restrictions on sale in regulation 4 (regulation 10).

5.  A full regulatory impact assessment of the effect that this instrument 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 2003/13/EC are transposed in these Regulations. Copies may be obtained from the Food Labelling and Standards Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.