Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2003

Citation and commencement

1.  These Regulations may be cited as the Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 6th March 2005.

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

2.  The Infant Formula and Follow-on Formula Regulations (Northern Ireland) 1995(1) shall be amended in accordance with regulations 3 to 9.

3.  In regulation 1(2) (interpretation), in the definition of “the Directive”, for “Commission Directive 1999/50/EC” there shall be substituted “Commission Directive 2003/14/EC(2)”.

4.  In regulation 2(1)(ii) and (2)(b) (conditions for the sale of infant formulae and follow-on formulae), for “regulation 4(12)” there shall be substituted “regulation 4(12) to (17)”.

5.  In regulation 3 (export of infant formulae and follow-on formulae to third countries) –

(a) in paragraph (1)(a), for “4(1)-(4), (9), (10), (11) and (12)” there shall be substituted “4(1) to (4) and (9) to (17)” ;

(b) in paragraph (4)(a), for “4(5)-(12)” there shall be substituted “4(5) to (17)”.

6.  In regulation 4(2) and (6) (composition of infant formulae and follow-on formulae), the words from “and it shall not” to the end shall be omitted.

7.  After paragraph (12) of regulation 4 (composition of infant formulae and follow-on formulae) there shall be inserted the following paragraphs –

“(13) No infant formula or follow-on formula shall contain –

(a) any pesticide residue of a pesticide specified in Schedule 7A; or

(b) any omethoate, where it is a metabolite of a pesticide not specified in Schedule 7A, or any product resulting from degradation or reaction of that metabolite,

at a level exceeding 0.003 mg/kg.

(14) No infant formula or follow-on formula shall contain any pesticide residue of a pesticide specified in column 1 of Schedule 7B at a level exceeding that specified in column 2 of that Schedule in relation to that pesticide.

(15) No infant formula or follow-on formula shall contain any pesticide residue of any individual pesticide which is not specified in Schedule 7A or column 1 of Schedule 7B at a level exceeding 0.01 mg/kg.

(16) The levels referred to in paragraphs (13) to (15) apply to the infant formula or follow-on formula –

(a) manufactured as ready for consumption, or

(b) if it is not so manufactured, as reconstituted according to its manufacturer’s instructions.

(17) Analytical methods for determining levels of pesticide residues for the purposes of this regulation shall be generally acceptable standardised methods.”.

8.  In regulation 11 (application of provisions of the Food Safety (Northern Ireland) Order 1991), after paragraph (f) there shall be inserted the following paragraph –

“(g) Article 36 (punishment of offences) in so far as it relates to offences under Article 34(1) and (2) as applied by paragraph (f).”.

9.  After Schedule 7 (the mineral elements in cows milk) there shall be inserted as Schedules 7A and 7B the contents of the Schedule.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 12th December 2003.

L.S.

Denis McMahon

A Senior Officer of the

Department of Health, Social Services and Public Safety