The Infant Formula and Follow-on Formula (Amendment) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, come into force on 31st March 1997.

The Regulations amend The Infant Formula and Follow-on Formula Regulations 1995 (S.I. 1995/77) (“the principal Regulations”), which implemented inter alia Commission Directive 91/321/EEC (OJ No. L175, 4.7.91, p.35) on infant formulae and follow-on formulae, so as to take account of amendments made to that Directive by Commission Directive 96/4/EC (OJ No. L49, 28.2.96, p.12).

The amendments now being made relate to the labelling of infant and follow-on formulae (regulation 2(e), (f), (g) and (h)), and to compositional criteria etc. including those contained in various Schedules (regulation 2(d), (j), (k), (l) and (m)). A new schedule, Schedule 8 (reference values for nutrition labelling for foods intended for infants and young children), is added (regulation 2(n)).

The definition of “food authority” is amended to take account of changes brought about by local government reorganisation (regulation 2(a)). There is an amendment to regulation 3 so that the sale of infant formulae or follow-on formulae which do not comply with the labelling requirements of regulation 14A (inserted in the principal Regulations by these Regulations) is prohibited (regulation 2(b)). References to the Food (Lot Marking) Regulations are updated (regulation 2(c)) and a provision is inserted in relation to offences committed by Scottish partnerships and partners (regulation 2(i)).

Regulation 3 contains a transitional provision which provides that it is not an offence, before 31st March 1999, to sell or export infant formulae or follow-on formulae which do not comply with the principal Regulations but which do comply with the provisions of the principal Regulations before amendment by these Regulations.

A Compliance Cost Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies can be obtained from the Food Labelling and Standards Division of the Ministry of Agriculture, Fisheries and Food, Ergon House, 17 Smith Square, London SW1P 3JR.