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The Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2007

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2.—(1) In these Regulations–

the Act” means the Food Safety Act 1990;

“the Directive” means Council Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses(1);

PNU food” means a food for a particular nutritional use which–

(a)

owing to its special composition or process of manufacture, is clearly distinguishable from food intended for normal consumption; and

(b)

is sold in such a way as to indicate its suitability for its claimed particular nutritional purpose,

but does not fall within any of the following classifications–

(i)

infant formulae and follow-on formulae;

(ii)

processed cereal-based foods and baby foods for infants and young children;

(iii)

food intended for use in energy-restricted diets for weight reduction;

(iv)

dietary foods for special medical purposes;

(v)

foods intended to meet the expenditure of intense muscular effort, especially for sportsmen and sportswomen; or

(vi)

foods for persons suffering from carbohydrate-metabolism disorders (diabetes);

“particular nutritional use” means the fulfilment of the particular nutritional requirements of–

(a)

certain categories of persons whose digestive processes are, or whose metabolism is, disturbed;

(b)

certain categories of persons whose physiological condition renders them able to obtain a special benefit from the controlled consumption of any substance in food; or

(c)

infants or young children in good health; and

“sell” includes possess for sale and offer, expose or advertise (otherwise than by means of a label or wrapper) for sale.

(2) Other expressions used in these Regulations and in the Directive have the same meaning in these Regulations as they have in the Directive.

(1)

O.J. No. L 186, 30.6.89, p.27, as amended by Directive 96/84/EC of the European Parliament and of the Council amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (O.J. No. L 48, 19.2.97, p.20), Directive 1999/41/EC of the European Parliament and of the Council amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (O.J. No. L 172, 8.7.99, p.38) and Regulation (EC) No. 1882/2003 of the European Parliament and of the Council adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty (O.J. No. L 284, 31.10.03, p.1).

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