The Food for Particular Nutritional Uses (Miscellaneous Amendments) Regulations (Northern Ireland) 2010

Citation and commencement

1.  These Regulations may be cited as the Food for Particular Nutritional Uses (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 and come into operation on 15th March 2010.

Interpretation

2.  The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Food Labelling Regulations (Northern Ireland) 1996

3.—(1) The Food Labelling Regulations (Northern Ireland) 1996(2) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “Directive 89/398”(3);

(b) after the definition of “Directive 2000/13” insert—

““Directive 2009/39” means Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses(4) as amended from time to time;”.

(3) For regulation (3)(1)(iv) (exemptions), substitute—

“(iv) where applicable, the requirements of Directive 87/250, Directive 90/496, Directive 94/54, Directive 99/2 and Directive 2009/39 are met in respect of that food.”.

Amendment of the Notification of Marketing of Food for Particular Nutritional Uses Regulations (Northern Ireland) 2007

4.—(1) The Notification of Marketing of Food for Particular Nutritional Uses Regulations (Northern Ireland) 2007(5) are amended in accordance with paragraphs , and .

(2) In regulation (2)(1) (interpretation), for the definition of “the Directive” substitute—

““the Directive” means Directive 2009/39 of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses as amended from time to time;”.

(3) In regulation 3 (restrictions on sale) —

(a) for paragraph (1) substitute—

“(1) A person who, in respect of a PNU food product of a particular type—

(a) is a manufacturer or an importer referred to in Article 11 of the Directive, but

(b) has failed to comply with—

(i) a requirement to notify the competent authority, as referred to in paragraph (1)(a) or (1)(b) of that Article, or

(ii) a requirement to produce anything to the competent authority, as referred to in paragraph (1)(c) of that Article,

shall not sell a PNU food product of that type. ”; and

(b) in paragraph (2)(b) for “Article 9” substitute “Article 11”.

(4) In regulation 4(1) (declaration), for “Article 1(2)” substitute “Article 1(2) and (3)”.

Sealed with the official seal of the Department of Health, Social Services and Public Safety on 15th February 2010.

Andrew McCormick

A senior officer of the Department of Health, Social Services and Public Safety