The Nutrition (Amendment etc.) (EU Exit) Regulations 2019

Amendment of the Food Supplements (England) Regulations 2003

12.—(1) The Food Supplements (England) Regulations 2003(1) are amended as follows.

(2) In regulation 2(2) (interpretation) omit—

(a) the definitions of “Directive 2001/83” and “Directive 2002/46”;

(b) paragraphs (3) and (4).

(3) In regulation 3 (scope of regulations) in paragraph (2), for “as defined by Directive 2001/83” substitute “as defined by regulation 2(1) of the Human Medicines Regulations 2012(3)”.

(4) In regulation 5(4) (prohibitions on sale relating to composition of food supplements)—

(a) in paragraph (1)—

(i) in sub-paragraph (a) for “Annex I to Directive 2002/46” substitute “Schedule 1 to the Nutrition (Amendment) (EU Exit) Regulations 2019”;

(ii) in sub-paragraph (b)(i) for “Annex II to Directive 2002/46” substitute “Schedule 2 to the Nutrition (Amendment) (EU Exit) Regulations 2019”;

(b) in paragraph (2) for sub-paragraph (a) substitute—

“(a) the purity criteria, if any, specified in EU-derived domestic legislation, retained direct EU legislation or in regulations made by the Secretary of State under regulation 3 of the Nutrition (Amendment) (EU Exit) Regulations 2019; or”.

(5) In regulation 6(5) (restrictions on sale relating to labelling etc of food supplements) in paragraph (3)(b) for “Annex I to Directive 2002/46” substitute “Schedule 1 to the Nutrition (Amendment) (EU Exit) Regulations 2019”.

(1)

S.I. 2003/1387 relevant amending instruments are S.I. 2005/2626, 2009/3251 and 2014/1855.

(2)

Relevant amendments to regulation 2 were made by S.I. 2009/3251.

(3)

S.I. 2012/1916.

(4)

Relevant amendments to regulation 5 were made by S.I. 2009/3251.

(5)

Regulation 6 was amended by S.I. 2009/3251 and 2014/1855.