2007 No. 1076 (W.114)
FOOD, WALES

The Food Supplements (Wales) (Amendment) Regulations 2007

Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred by sections 16(1)(a) and (e), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 19901 and now vested in it2, having had regard, in accordance with section 48(4A) of that Act, to relevant advice given by the Food Standards Agency, and after open and transparent public consultation during the preparation of the Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council3 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, makes the following Regulations.

Title, commencement and application

1.

The title of these Regulations is the Food Supplements (Wales) (Amendment) Regulations 2007, they will come into force on 6 April 2007 and apply in relation to Wales.

Amendment of the Food Supplements (Wales) Regulations 2003

2.

The Food Supplements (Wales) Regulations 20034 are amended in accordance with regulations 3 to 5.

3.

In regulation 2(1) (interpretation), in the definition of “Directive 2002/46” insert at the end “, as amended by Commission Directive 2006/37/EC5 amending Annex II to Directive 2002/46/EC of the European Parliament and of the Council as regards the inclusion of certain substances”.

4.

In Schedule 1 (vitamins and minerals which may be used in the manufacture of food supplements), in Section 1 (vitamins), for “Folic acid” substitute “Folate”.

5.

In Schedule 2 (form of vitamin and mineral substances which may be used in the manufacture of food supplements)—

(a)

in section A (vitamins), at item 10 for the heading “FOLIC ACID” substitute “FOLATE”, and under that (revised) heading insert at the end “(b) calcium-L-methylfolate”;

(b)

in section B (minerals) before “Cupric carbonate” insert “Ferrous bisglycinate”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19986.
D. Elis-Thomas
The Presiding Officer of the National Assembly
(This note is not part of the Regulations)
1.

These Regulations amend the Food Supplements (Wales) Regulations 2003 which implement in Wales Directive 2002/46/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to food supplements (OJ No. L183, 12.7.2002, p.51). These Regulations implement in Wales Commission Directive 2006 / 37 /EC (OJ No. L 94, 1.4.2006, p.32) amending Annex II to Directive 2002/46/EC as regards the inclusion of certain substances.

2.

The 2003 Regulations prohibit the sale of a food supplement in the manufacture of which a vitamin or mineral has been used unless that vitamin or mineral is listed in Schedule 1 to those Regulations and is in a form listed in Schedule 2 (the positive lists), subject to a transitional provision (regulation 5 and Schedules to those Regulations).

3.

These Regulations—

(a)

add another form of the vitamin folate and another form of the mineral iron to the positive list in Schedule 2 to the 2003 Regulations (regulation 5) and make a consequential amendment (regulation 4);

(b)

update the definition of “Directive 2002/46/EC” in the 2003 Regulations (regulation 3).

4.

A regulatory appraisal has been prepared for these Regulations and has been placed in the Library of the National Assembly for Wales together with a transposition note setting out how the main elements of Directive 2006/37/EC are transposed in these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EW.