The Food Supplements and the Addition of Vitamins, Minerals and Other Substances (Amendment) Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Food Supplements Regulations (Northern Ireland) 2003 (S.R. 2003 No. 273 as already amended by S.R. 2007 No. 116) and the Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007 (S.R. 2007 No. 301) in order to provide for the execution and enforcement of Commission Regulation (EC) No. 1170/2009 amending Directive 2002/46/EC of the European Parliament and of the Council and Regulation (EC) No. 1925/2006 of the European Parliament and of the Council as regards the lists of vitamins and minerals and their forms that can be added to foods, including food supplements (OJ No. L314 1.12.2009, p.36). These Regulations also update the references to Directives referred to in the Food Supplements Regulations (Northern Ireland) 2003.

These Regulations amend the Food Supplements Regulations (Northern Ireland) 2003 by—

(a) substituting a revised definition of Directive 2002/46 and inserting definitions of Directive 90/496 and Directive 2001/83 (regulation 2(2));

(b) providing that a reference to an Annex to Directive 2002/46 is a reference to that Annex as amended from time to time (regulation 2(3));

(c) revising references to Directives to refer to amendments to them (regulation 2(4) and (6)(b));

(d) removing those provisions which implemented a derogation from Directive 2002/46 which lapses on 1 January 2010 (regulation 2(5)(a) and (d));

(e) providing that those Regulations refer to the Annexes to Directive 2002/46 (vitamins and minerals and vitamin and mineral substances which may be used in the manufacture of food supplements) rather than the Schedules to those Regulations and making consequential amendments (regulation 2(5)(b) and (c), (6)(a) and (8)); and

(f) providing a transitional period for the phasing in of the new provisions relating to Directive 90/496 (regulation 2(7)).

These Regulations amend the Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007 by substituting a revised definition of Regulation (EC) No.1925/2006 (regulation 3(2)).