The Food for Particular Nutritional Uses (Miscellaneous Amendments) (Wales) Regulations 2010

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which apply in relation to Wales, amend the Food Labelling Regulations 1996 (S.I. 1996/1499, as already amended) and the Notification of Marketing of Food for Particular Nutritional Uses (Wales) Regulations 2007 (S.I. 2007/1040 (W.100)) in order to reflect the repeal and replacement of Council Directive 89/398/EC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (OJ No. L186, 30.6.1989, p.27) by Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (OJ No. L124, 20.5.2009, p.21).

2.  These Regulations amend the Food Labelling Regulations 1996 (which extend to the whole of Great Britain), in so far as they apply in relation to Wales, by omitting the definition of “Directive 89/398” from regulation 2(1) and inserting a definition of “Directive 2009/39” into that provision and substituting a reference to “Directive 2009/39” for a reference to “Directive 89/398” in regulation 3(1)(iv) (regulation 2).

3.  These Regulations amend the Notification of Marketing of Food for Particular Nutritional Uses (Wales) Regulations 2007 by substituting a revised definition of “the Directive” for the existing definition of “the Directive” in regulation 2(1) so that it refers to Directive 2009/39/EC instead of Directive 89/398/EEC and substituting references to specified provisions of Directive 2009/39/EC for the existing references to specified provisions of Directive 89/398/EEC in regulations 3 and 4 (regulation 3).

4.  A regulatory impact assessment has not been prepared for this instrument as it is not anticipated that the implementation of these Regulations will impose any costs on consumers, businesses or enforcement authorities.