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

Interpretation

2.—(1) In these Regulations—

“the Act” means the Food Safety Act 1990;

“baby foods” means foods for particular nutritional use fulfilling the particular requirements of infants and young children in good health and intended for use by infants while they are being weaned, and by young children as a supplement to their diet or for their progressive adaptation to ordinary food, but excludes processed cereal-based foods;

“the Directive” means Commission Directive 96/5/EC(1) on processed cereal-based foods and baby foods for infants and young children, as amended by Commission Directive 1998/36/EC(2), Commission Directive 1999/39/EC(3) and Commission Directive 2003/13/EC(4);

“EEA Agreement” means the Agreement on the European Economic Area(5) signed at Oporto on 2nd May 1992 as adjusted by the Protocol(6) signed at Brussels on 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“food authority” does not include—

(a)

the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change; or

(b)

the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);

“infants” means children under the age of twelve months;

“pesticide residue” means the residue in processed cereal-based foods or baby foods of a plant protection product as defined in point 1 of Article 2 of Council Directive 91/414/EEC(7) concerning the placing of plant protection products on the market, including its metabolites and products resulting from its degradation or reaction;

“processed cereal-based foods” means foods for particular nutritional use within the categories specified in Part I of Schedule 1 fulfilling the particular requirements of infants and young children in good health and intended for use by infants while they are being weaned, and by young children as a supplement to their diet or for their progressive adaptation to ordinary food;

“sell” includes possess for sale and offer, expose or advertise for sale; and

“young children” means children aged between one and three years.

(2) Other expressions used in these Regulations and in the Directive have the same meaning in these Regulations as they have in the Directive.

(3) Where any Schedule contains any note, the provisions of that Schedule shall be interpreted and applied in accordance with such note.

(1)

OJ No. L49, 28.2.96, p.17.

(2)

OJ No. L167, 12.6.98, p.23.

(3)

OJ No. L124, 18.5.1999, p.8.

(4)

OJ No. L41, 14.2.2003, p.33.

(5)

OJ No. L1, 3.1.94, p.1.

(6)

OJ No. L1, 3.1.94, p.571.

(7)

OJ No. L230, 19.8.91, p.1.