The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997

Prospective

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 31st March 1999, apply to Great Britain and implement Commission Directive 96/8/EC on foods intended for use in energy-restricted diets for weight reduction.

The Regulations—

(a) prohibit the sale, under any name other than either of those specified, of food intended for use in energy-restricted diets for weight reduction which complies with the compositional requirements in Schedule 1 (“relevant food”) (regulation 2(1));

(b) prohibit the sale of any food under either specified name unless it is relevant food (regulation 2(2));

(c) prohibit the sale of relevant food unless labelled with specified particulars (regulation 3);

(d) prohibit the sale of relevant food if reference is made in the labelling, advertising or presentation to the rate or amount of weight loss which may result from its use or to a reduction in the sense of hunger or an increase in the sense of satiety (regulation 4);

(e) prohibit the sale of relevant food intended as a replacement for the whole of the daily diet unless all the components are contained in the same package (regulation 5);

(f) create offences and prescribe penalties (regulation 6);

(g) specify the enforcement authorities (regulation 7);

(h) provide a defence in relation to exports in accordance with Articles 2 and 3 of, as read with the ninth recital to, Council Directive 89/397/EEC (OJ No. L186, 30.6.89, p. 23) on the official control of foodstuffs (regulation 8); and

(i) apply various sections of the Food Safety Act 1990 (regulation 9), including those relating to enforcement and defences.

A compliance cost assessment of the effect that these Regulations would have on the cost of business is available from the Food Labelling and Standards Division, Branch A, of the Ministry of Agriculture, Fisheries and Food, Ergon House, 17 Smith Square, London SW1P 3JR.