2009 No. 398
The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) Regulations (Northern Ireland) 2009
Made
Coming into operation
The Department of Health, Social Services and Public Safety1 makes the following Regulations in exercise of the powers conferred by Articles 15(1)(a) and (f), 16(1) and (2), 25(1)(a) and (3) and 47(2) of the Food Safety (Northern Ireland) Order 19912 as read with paragraph 1A of Schedule 2 to the European Communities Act 1972 3.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department of Health, Social Services and Public Safety that it is expedient for any reference to the Annex to Commission Regulation (EC) No. 953/2009 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses4 to be construed as a reference to that Annex as amended from time to time.
In accordance with Article 47(3A) of the Food Safety (Northern Ireland) Order 1991, the Department of Health, Social Services and Public Safety has had regard to relevant advice given by the Food Standards Agency.
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 safety5 there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
Citation and commencementI11
These Regulations may be cited as the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) Regulations (Northern Ireland) 2009 and come into operation on 1st January 2010.
InterpretationI32
1
In these Regulations—
“the Commission Regulation” means Commission Regulation (EC) No. 953/2009 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses;
“the Order” means the Food Safety (Northern Ireland) Order 1991; and
“specified provision” means any provision of the Commission Regulation that is specified in Column 1 of the Schedule and whose subject-matter is described in Column 2 of the Schedule.
2
Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Order has the meaning it bears in the Order.
3
Any expression used both in these Regulations and in the Commission Regulation has the meaning that it bears in the Commission Regulation.
4
In these Regulations any reference to the Annex to the Commission Regulation is a reference to that Annex as amended from time to time.
5
The Interpretation Act (Northern Ireland) 19546 shall apply to these Regulations as it applies to an Act of the Assembly.
Offences, penalties and execution and enforcementI43
1
Any person who contravenes any of the specified provisions shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
Each district council shall execute and enforce these Regulations within its district.
Application of various Articles of the Food Safety (Northern Ireland) Order 1991I24
The following provisions of the Order shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Order or Part thereof shall be construed as a reference to these Regulations—
a
Article 4 (presumptions that food intended for human consumption);
b
Article 19 (offences due to fault of another person);
c
Article 20 (defence of due diligence), as it applies for the purpose of Articles 13 or 14;
d
Article 30(8) (which relates to documentary evidence);
e
Article 34(1) (obstruction etc. of officers);
f
Article 34(2), with the modification that the reference to “any such requirement as is mentioned in paragraph (1)(b)” shall be deemed to be a reference to any such requirement as is mentioned in Article 34(1)(b) as applied by paragraph (e);
g
Article 36(1) (punishment of offences), in so far as it relates to offences under Article 34(1) as applied by paragraph (e); and
h
Article 36(2) and (3), in so far as it relates to offences under Article 34(2) as applied by paragraph (f).
Amendment to the Tryptophan in Food Regulations (Northern Ireland) 2005I55
1
The Tryptophan in Food Regulations (Northern Ireland) 20057 are amended in accordance with paragraphs 2 and 3.
2
For regulation 2(1) (interpretation), for the definition “Directive 2001/15/EC” there is substituted—
“Regulation 953/2009” means Commission Regulation (EC) No. 953/2009 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses;
3
For regulation 5(2)(c) (exceptions from prohibitions), there is substituted—
c
laevorotatory tryptophan, its sodium, potassium, calcium or magnesium salts or its hydrochloride, added in compliance with Regulation 953/2009 to any food for a particular nutritional use referred to in the Annex to that Regulation;
RevocationI66
The following Regulations are revoked—
a
the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) Regulations (Northern Ireland) 2002 8;
b
the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Amendment) Regulations (Northern Ireland) 2004 9; and
c
the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Amendment) Regulations (Northern Ireland) 2006 10.
Sealed with the official seal of the Department of Health, Social Services and Public Safety on 30th November 2009.
Christine JendoubiA senior officer of the Department of Health, Social Services and Public SafetyI7THE SCHEDULESpecified Provisions
Column 1 Provision of the Commission Regulation | Column 2 Subject matter |
|---|---|
Article 2(1) | Requirement that among the substances belonging to the categories appearing in the Annex to the Commission Regulation, only those listed in that Annex, complying with the relevant specifications as necessary may be added for specific nutritional purposes in the manufacture of foodstuffs for particular nutritional uses covered by Directive 2009/39 of the European Parliament and the Council on foodstuffs intended for particular nutritional uses11. |
Article 3(1) | Requirement that the use of substances added for specific nutritional purposes shall result in the manufacture of safe products that fulfil the particular nutritional requirements of the persons for whom they are intended, as established by generally accepted scientific data. |
Article 3(2) | Requirement that upon request by the competent authority referred to in Article 11 of Directive 2009/39, the manufacturer or, where appropriate, the importer shall produce the scientific work and the data establishing that the use of the substances complies with Article 3(1) of the Commission Regulation. If such work and data are contained in a readily available publication, a mere reference to that publication shall suffice. |
Article 4(2) | Requirement that purity criteria established by Community legislation which apply to the substances listed in the Annex to the Commission Regulation when they are used in the manufacture of foodstuffs for purposes other than those covered by the Commission Regulation shall also apply to those substances when they are used for purposes covered by the Commission Regulation. |
Article 4(3) | Requirement that for substances listed in the Annex to the Commission Regulation for which purity criteria are not established by Community legislation, and until the adoption of such specifications, generally acceptable purity criteria recommended by international bodies shall apply. |
(This note is not part of the Regulations)
Sch. in operation at 1.1.2010, see reg. 1