The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002

Amendment of the Tryptophan in Food Regulations 1990

10.—(1) The Tryptophan in Food Regulations 1990(1) shall be amended (in so far as they extend to England) in accordance with paragraph (2).

(2) In regulation 2 (prohibition on sale, etc. of food containing tryptophan)—

(a) in paragraphs (1) and (2) for the words “Subject to paragraph (4)” there shall be substituted the words “Subject to paragraphs (4) and (4A)”;

(b) in paragraph (3) there shall be inserted at the beginning the words “Subject to paragraph (4A) of this regulation,”;

(c) after paragraph (4) there shall be inserted the following paragraph—

“(4A) Paragraphs (1) to (3) of this regulation shall not apply in respect of—

(a) laevorotatory tryptophan added to any infant formula or follow-on formula;

(b) laevorotatory tryptophan added to any processed cereal-based food or baby food; or

(c) laevorotatory tryptophan, its sodium, potassium, calcium or magnesium salts or its hydrochloride, added to any designated PNU food for a specific nutritional purpose in compliance with Commission Directive 2001/15/EC(2) (as corrected(3)) on substances that may be added for specific nutritional purposes in foods for particular nutritional uses.”;

(d) in paragraph (7)—

(i) after the definition of “appropriate medical certificate” there shall be inserted the following definition—

• ““designated PNU food” has the meaning assigned to it by the Food for Particular Nutritional Uses (Addition of Substances for Particular Nutritional Purposes) (England) Regulations 2002;”;

(ii) after the definition of “hospital” the word “and” shall be omitted and there shall be inserted the following definitions—

• ““infant formula” and “follow-on formula” have the meaning assigned to them by the Infant Formula and Follow-on Formula Regulations 1995(4);

• “processed cereal-based food” and “baby food” have the meaning assigned to them by the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997(5); and”.

(1)

S.I. 1990/1728, to which there is an amendment not relevant to these Regulations.

(2)

OJ No. L52, 22.2.2001, p.19.

(3)

OJ No. L253, 21.9.2001, p.34.

(4)

S.I. 1995/77, to which there are amendments not relevant to these Regulations.

(5)

S.I. 1997/2042, to which there are amendments not relevant to these Regulations.