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Statutory Rules of Northern Ireland

2007 No. 116

Food

The Food Supplements (Amendment) Regulations (Northern Ireland) 2007

Made

19th February 2007

Coming into operation

6th April 2007

The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred it Articles 15(1)(a) and (e), 16(1), 25(1)(a) and (3) and 47(2) of the Food Safety (Northern Ireland) Order 1991(2).

In accordance with Article 47(3A) of the said Order, it has had regard to relevant advice given by the Food Standards Agency.

There has been open and transparent public consultation during the preparation of the Regulations 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(3).

Title and commencement

1.  These Regulations may be cited as the Food Supplements (Amendment) Regulations (Northern Ireland) 2007; they come into operation on 6th April 2007.

Amendment of the Food Supplements Regulations (Northern Ireland) 2003

2.  The Food Supplements Regulations (Northern Ireland) 2003(4) shall be amended in accordance with regulations 3 to 5.

3.  In regulation 2(1) (interpretation), in the definition of “Directive 2002/46/EC” insert at the end “, as amended by Commission Directive 2006/37/EC(5) amending the Annex II to Directive 2002/46/EC of the European Parliament and of the Council as regards the inclusion of certain substances”.

4.  In Schedule 1 (vitamins and minerals which may be used in the manufacture of food supplements), in Section 1 (vitamins), for “Folic acid” substitute “Folate”

5.  In Schedule 2 (form of vitamin and mineral substances which may be used in the manufacture of food supplements)—

(a)in section A (vitamins), in item 10 for the heading “FOLIC ACID” substitute “FOLATE”, and under that (revised) heading there shall be inserted at the end “(b) calcium-L-methylfolate”; and

(b)in section B (minerals) before “Cupric carbonate” insert “Ferrous bisglycinate”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 19th February 2007.

Legal seal

Don Hill

A 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 Food Supplements Regulations (Northern Ireland) 2003 which implement Directive 2002/46/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to food supplements (OJ No. L183, 12.7.2002, p.51). These Regulations implement Commission Directive 2006/37/EC (OJ No. L94, 1.4.2006, p.32) amending the Annex II to Directive 2002/46/EC as regards the inclusion of certain substances.

The 2003 Regulations prohibit the sale of a food supplement in the manufacture of which a vitamin or mineral has been used unless that vitamin or mineral is listed in Schedule 1 to those Regulations and is in a form listed in Schedule 2 (the positive lists), subject to a transitional provision (regulation 5 and Schedules to those Regulations).

These Regulations—

(a)add another form of the vitamin folate and another form of the mineral iron to the positive list in Schedule 2 to the 2003 Regulations (regulation 5(a)) and make a consequential amendment (regulation 4);

(b)update the definition of “Directive 2002/46/EC” in the 2003 Regulations (regulation 3).

(1)

Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6)

(2)

S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and schedule 6 to the Food Standards Act 19999 c.28 and S.R. 2004 Nos.482 and 505

(3)

OJ No. L31, 1.2.2002, p. 1. That Regulation was amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4)

(4)

S.R. 2003 No. 273, to which there are amendments not relevant to these Regulations

(5)

OJ No. L94, 1.4.2006, p.32