2002 No. 333
The Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred on him by sections 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 19901 and of all other powers enabling him in that behalf, having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act, makes the following Regulations:
Title, commencement and extent1
These Regulations may be cited as the Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002; they come into force on 8th March 2002 and extend to England and Wales only.
Interpretation2
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 uses2, as amended by Directive 1999/41/EC of the European Parliament and of the Council3;
“food authority” does not include—
- a
the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change, or
- b
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
- a
“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,
- a
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
- vi
foods for persons suffering from carbohydrate-metabolism disorders (diabetes);
- i
“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, or
- 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
- a
“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.
Restriction on sale3
1
No person who, in respect of a PNU food product of a particular type—
a
is a manufacturer or an importer referred to in Article 9 of the Directive, but
b
has failed to comply with—
i
a requirement to notify the competent authority, as referred to in paragraph 1 or 2 of that Article, or
ii
a requirement to produce anything to the competent authority, as referred to in paragraph 3 of that Article,
shall sell a PNU food product of that type.
2
For the purposes of paragraph (1) above the competent authority is—
a
in respect of PNU food manufactured in England or Wales, or imported into England or Wales from outside the United Kingdom, the Food Standards Agency;
b
in respect of PNU food manufactured in (or imported from outside the United Kingdom into) another territory within the United Kingdom, the authority duly designated in that territory as the competent authority for the purposes of Article 9 of the Directive in respect of the food.
Enforcement4
Each food authority shall enforce and execute these Regulations in its area.
Offences and penalties5
If any person without reasonable excuse contravenes regulation 3(1) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Application of various provisions of the Food Safety Act 19906
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations:
a
section 2 (extended meaning of “sale” etc.);
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15 of the Act;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33 (obstruction etc. of officers);
h
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by paragraph (g) above;
i
section 36 (offences by bodies corporate); and
j
section 44 (protection of officers acting in good faith).
Signed by authority of the Secretary of State for Health
(This note is not part of the Regulations)