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[X1CHAPTER IV U.K. HEALTH CLAIMS

Article 17 U.K. [F1Authorisation by the appropriate authority]

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[F33 .[F4Where the application is made on a Great Britain-wide basis, a decision must be made by:

(a)the appropriate authority for applications in relation to England, in relation to authorisation of the claim in England;

(b)the appropriate authority for applications in relation to Scotland, in relation to authorisation of the claim in Scotland; and

(c)the appropriate authority for applications in relation to Wales, in relation to authorisation of the claim in Wales;

The appropriate authority for each of England, Scotland and Wales must consult each other appropriate authority prior to making a decision on the application.]

[F5Where the application is made for authorisation in one of England, Scotland or Wales only, the appropriate authority shall make a decision on the application, having consulted the other relevant authorities.]

However, where at the applicant's request for the protection of proprietary data, [F6the appropriate authority] proposes to restrict the use of the claim in favour of the applicant:

[F7(a)the appropriate authority may by regulations made under the powers in Articles 13 or 14 authorise the claim for sole use by the applicant. In such case, the authorisation for restricted use shall expire at the end of the period of five years after the date on which the regulations are made;

(b)before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the appropriate authority must consider, in consultation with an expert committee and the other relevant authorities, whether to authorise the claim without restriction for use under the powers in Articles 13 or 14.]]

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5 . Health claims [F9authorised for the purposes of Articles 13 and 14] may be used, in conformity with the conditions applying to them, by any food business operator, if they are not restricted for use in accordance with the provisions of Article 21.

6 . The granting of authorisation shall not lessen the general civil and criminal liability of any food business operator in respect of the food concerned.]

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