Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2000

Statutory Rules of Northern Ireland

2000 No. 235

FOOD

Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2000

Made

11th July 2000

Coming into operation

1st July 2002

The Department of Health, Social Services and Public Safety(1) in exercise of the powers conferred on it by Articles 15(1), 16(1), 25(1)(a) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991(2) and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency and after consultation in accordance with Article 47(3) of the said Order with such organisations as appear to it to be representative of interests likely to be substantially affected by the Regulations, hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2000 and shall come into operation on 1st July 2002.

Amendment of the Infant Formula and Follow-on Formula Regulations (Northern Ireland) 1995

2.  In the Infant Formula and Follow-on Formula Regulations (Northern Ireland) 1995(3)—

(a) in paragraph (2) of regulation 1 (citation, commencement and interpretation)—

(i) after the definition of “advertisement” there shall be inserted—

““the Directive” means Commission Directive 91/321/EEC(4) on infant formulae and follow-on formulae as amended by amendments up to and including those effected by Commission Directive 1999/50/EC(5)”; and

(ii) after the definition of “the Order” there shall be inserted—

““pesticide residue” has the meaning given by Article 1(2)(e) of the Directive”; and

(b) at the end of each of paragraphs (2) and (6) of regulation 4 (composition of infant formulae and follow-on formulae) there shall be inserted

“and it shall not—

(a) if it is manufactured as ready for consumption, contain, or

(b) if it is not so manufactured, be such that it would, if reconstituted according to its manufacturer’s instructions, contain,

residues of any individual pesticide at a level exceeding 0.01 mg/kg.”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 11th July 2000.

L.S.

D. A. Baker

Senior Officer of the

Department of Health, Social Services and Public Safety

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Infant Formula and Follow-on Formula Regulations (Northern Ireland) 1995 in implementation of Commission Directive 1999/50/EC amending Directive 91/321/EC on infant formulae and follow-on formulae.

The Regulations extend the prohibitions in the 1995 Regulations on sale, or export to third countries, to food of that nature containing individual pesticide residues above a level of 0.01 mg/kg, measured when ready for use or when reconstituted according to manufacturer’s instructions (regulation 2(b)), and make consequential amendments (regulation 2(a)).

(1)

Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I. 1), Article 3

(2)

S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28

(3)

S.R. 1995 No. 85 to which there are amendments not relevant to these Regulations

(4)

O.J. No. L175, 4.7.91, p. 35

(5)

O.J. No. L139, 2.6.99, p. 29