X1CHAPTER ISUBJECT MATTER, SCOPE AND DEFINITIONS

Article 2 Definitions

1.

For the purposes of this Regulation:

(a)

the definitions of ‘food’, ‘food business operator’, ‘placing on the market’, and ‘final consumer’ set out in Articles 2, 3(3), 3(8) and 3(18) of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 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 14 shall apply;

(b)

the definition of ‘ food supplement ’ set out in Directive 2002/46/EC shall apply;

(c)

the definitions of ‘nutrition labelling’, ‘protein’, ‘carbohydrate’, ‘sugars’, ‘fat’, ‘saturates’, ‘mono-unsaturates’, ‘poly-unsaturates’, ‘fibre’ set out in F1Annex I to Regulation (EU) 1169/2011 shall apply;

(d)

the definition of ‘ labelling ’ set out in F2Article 2(1)(j) of Regulation (EU) 1169/2011 shall apply.

2.

The following definitions shall also apply:

(1)

‘claim’ means any message or representation, which is not mandatory under F3any enactment, including pictorial, graphic or symbolic representation, in any form, which states, suggests or implies that a food has particular characteristics;

(2)

‘nutrient’ means protein, carbohydrate, fat, fibre, sodium, vitamins and minerals listed in F4Annex I to Regulation (EU) 1169/2011, and substances which belong to or are components of one of those categories;

(3)

‘other substance’ means a substance other than a nutrient that has a nutritional or physiological effect;

(4)

‘nutrition claim’ means any claim which states, suggests or implies that a food has particular beneficial nutritional properties due to:

(a)

the energy (calorific value) it

(i)

provides;

(ii)

provides at a reduced or increased rate; or

(iii)

does not provide; and/or

(b)

the nutrients or other substances it

(i)

contains;

(ii)

contains in reduced or increased proportions; or

(iii)

does not contain;

(5)

‘health claim’ means any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health;

(6)

‘reduction of disease risk claim’ means any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease;

F5(7)

‘expert committee’ means a committee with appropriate expertise in the matter to be considered, approved by an appropriate authority to give advice for the purposes of this Regulation;

F6(8)

‘appropriate authority’, subject to point 9, means:

(a)

for regulations, guidelines, applications or the register of claims in relation to England, the Secretary of State;

(b)

for regulations, guidelines, applications or the register of claims in relation to Scotland, the Scottish Ministers;

(c)

for regulations, guidelines, applications or the register of claims in relation to Wales, the Welsh Ministers;

(9)

The appropriate authority is the Secretary of State if consent is given by:

(a)

for regulations, guidelines, applications or the register of claims in relation to Scotland, the Scottish Ministers;

(b)

for regulations, guidelines, applications or the register of claims in relation to Wales, the Welsh Ministers;

(10)

‘relevant authorities’ means the Secretary of State, the Scottish Ministers and the Welsh Ministers;

(11)

‘enactment’ includes any enactment of the types specified in the definition of ‘enactment’ in section 20(1) of the European Union (Withdrawal) Act 2018.