The Food Supplements (Wales) (Amendment) Regulations 2007

Welsh Statutory Instruments

2007 No. 1076 (W.114)

FOOD, WALES

The Food Supplements (Wales) (Amendment) Regulations 2007

Made

27 March 2007

Coming into force

6 April 2007

The National Assembly for Wales, in exercise of the powers conferred by sections 16(1)(a) and (e), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990(1) and now vested in it(2), having had regard, in accordance with section 48(4A) of that Act, to relevant advice given by the Food Standards Agency, and after open and transparent public consultation during the preparation of the Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council(3) laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, makes the following Regulations.

Title, commencement and application

1.  The title of these Regulations is the Food Supplements (Wales) (Amendment) Regulations 2007, they will come into force on 6 April 2007 and apply in relation to Wales.

Amendment of the Food Supplements (Wales) Regulations 2003

2.  The Food Supplements (Wales) Regulations 2003(4) are amended in accordance with regulations 3 to 5.

3.  In regulation 2(1) (interpretation), in the definition of “Directive 2002/46” insert at the end “, as amended by Commission Directive 2006/37/EC(5) amending Annex II to Directive 2002/46/EC of the European Parliament and of the Council as regards the inclusion of certain substances”.

4.  In Schedule 1 (vitamins and minerals which may be used in the manufacture of food supplements), in Section 1 (vitamins), for “Folic acid” substitute “Folate”.

5.  In Schedule 2 (form of vitamin and mineral substances which may be used in the manufacture of food supplements)—

(a) in section A (vitamins), at item 10 for the heading “FOLIC ACID” substitute “FOLATE”, and under that (revised) heading insert at the end “(b) calcium-L-methylfolate”;

(b) in section B (minerals) before “Cupric carbonate” insert “Ferrous bisglycinate”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6).

D. Elis-Thomas

The Presiding Officer of the National Assembly

27 March 2007

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Food Supplements (Wales) Regulations 2003 which implement in Wales Directive 2002/46/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to food supplements (OJ No. L183, 12.7.2002, p.51). These Regulations implement in Wales Commission Directive 2006 / 37 /EC (OJ No. L 94, 1.4.2006, p.32) amending Annex II to Directive 2002/46/EC as regards the inclusion of certain substances.

2.  The 2003 Regulations prohibit the sale of a food supplement in the manufacture of which a vitamin or mineral has been used unless that vitamin or mineral is listed in Schedule 1 to those Regulations and is in a form listed in Schedule 2 (the positive lists), subject to a transitional provision (regulation 5 and Schedules to those Regulations).

3.  These Regulations—

(a) add another form of the vitamin folate and another form of the mineral iron to the positive list in Schedule 2 to the 2003 Regulations (regulation 5) and make a consequential amendment (regulation 4);

(b) update the definition of “Directive 2002/46/EC” in the 2003 Regulations (regulation 3).

4.  A regulatory appraisal has been prepared for these Regulations and has been placed in the Library of the National Assembly for Wales together with a transposition note setting out how the main elements of Directive 2006/37/EC are transposed in these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EW.

(1)

1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), “the 1999 Act”. Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act and S.I. 2004/2990.

(2)

Functions formerly exercisable by “the Secretary of State” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the Food Standards Act 1999 (1999 c. 28).

(3)

OJ No. L31, 1.2.2002, p. 1. That Regulation was last amended as at the date these Regulations were made by Commission Regulation (EC) No. 575/2006 (OJ No. L 100, 8.4.2006, p.3).

(4)

S.I. 2003/1719 (W. 186), to which there are amendments not relevant to these Regulations.

(5)

OJ No. L 94, 1.4.2006, p.32.

(6)

1998 c. 38.