The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Amendment Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2002, as amended (“the principal Regulations”).

These Regulations implement Commission Directive 2006/34/EC (O.J. No. L 83, 22.3.06, p.14) amending the Annex to Directive 2001/15/EC as regards the inclusion of certain substances.

The principal Regulations apply to food for most particular nutritional uses (see the definition of “designated PNU food” in regulation 2(1) of those Regulations). They restrict the sale of such food where there has been added to it, for a specific nutritional purpose, a substance falling within one of the following six categories: vitamins, minerals, amino acids, carnitine and taurine, nucleotides, choline and inositol. In such a case the substance must be listed under the relevant category in Schedule 1 or, as regards foods for special medical purposes, Schedule 1 or 2. There is a time-limited derogation in respect of substances listed in Schedule 3 (see regulation 3(5)) of the principal Regulations, as amended).

These Regulations–

(a) add certain substances in the categories “vitamins” and “minerals” to the lists of substances which may be added for specific nutritional purposes in designated PNU foods (without any time limit) (regulation 4);

(b) add a substance in the category “minerals” to the list of substances which may be added for specific nutritional purposes in foods for special medical purposes (without any time limit) (regulation 5); and

(c) update the definition of “Directive 2001/15” (regulation 3).

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations would have on business costs has been prepared and has been placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.