2010 No. 1768

Food, England

The Nutrition and Health Claims (England) (Amendment) Regulations 2010

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(e) and (f), 17(2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 19901, and now vested in him2, as read with paragraph 1A of Schedule 2 to the European Communities Act 19723.

In accordance with section 48(4A) of the Food Safety Act 1990 he has had regard to relevant advice given by the Food Standards Agency.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for references to the Annex to the EU instrument mentioned in regulation 3 to be construed as references to that Annex as it may be amended from time to time.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety4, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title and commencement1

These Regulations may be cited as the Nutrition and Health Claims (England) (Amendment) Regulations 2010 and come into force on 1st October 2010.

Amendment to the Nutrition and Health Claims (England) Regulations 2007

2

The Nutrition and Health Claims (England) Regulations 20075 are amended in accordance with regulation 3.

3

In regulation 2(1) (interpretation) for the definition of “the Regulation” substitute the following definition —

  • “the Regulation” means Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods, as the Annex to that Regulation may be amended from time to time6;

Signed by authority of the Secretary of State for Health.

Anne MiltonParliamentary Under-Secretary of State,Department of Health
EXPLANATORY NOTE

(This note is not part of the Regulations)

1

These Regulations amend the definition of “the Regulation”, meaning Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods (OJNo. L12, 18.1.2007, p.3), contained in regulation 2 of the Nutrition and Health Claims (England) Regulations 2007 (S.I.2007/2080). The effect of the amendment is that a reference to the Regulation in S.I. 2007/2080 now includes any future amendments to its Annex, which consists of the list of authorised nutrition claims and conditions relating to their use (regulation3).

2

A full impact assessment has not been prepared for these Regulations as no impact on the voluntary or private sectors is foreseen.