Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002
| Year | 2002 |
2002 No. 333
FOOD, ENGLAND AND WALES
The Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002
Made 13th February 2002
Laid before Parliament 15th February 2002
Coming into force 8th March 2002
The Secretary of State, in exercise of the powers conferred on him by sections 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 19901and of all other powers enabling him in that behalf, having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act, makes the following Regulations:
Title, commencement and extent
1. These Regulations may be cited as the Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002; they come into force on 8th March 2002 and extend to England and Wales only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Food Safety Act 1990;
“the Directive” means Council Directive 89/398/EECon the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses2, as amended by Directive 1999/41/ECof the European Parliament and of the Council3;
“food authority” does not include—
(a) the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change, or
(b) the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“PNU food” means a food for a particular nutritional use which—
(a) owing to its special composition or process of manufacture, is clearly distinguishable from food intended for normal consumption, and
(b) is sold in such a way as to indicate its suitability for its claimed particular nutritional purpose,
but does not fall within any of the following classifications—
(i) infant formulae and follow-on formulae,
(ii) processed cereal-based foods and baby foods for infants and young children,
(iii) food intended for use in energy-restricted diets for weight reduction,
(iv) dietary foods for special medical purposes,
(v) foods intended to meet the expenditure of intense muscular effort, especially for sportsmen, and
(vi) foods for persons suffering from carbohydrate-metabolism disorders (diabetes);
“particular nutritional use” means the fulfilment of the particular nutritional requirements of—
(a) certain categories of persons whose digestive processes are, or whose metabolism is, disturbed, or
(b) certain categories of persons whose physiological condition renders them able to obtain a special benefit from the controlled consumption of any substance in food, or
(c) infants or young children in good health; and
“sell” includes possess for sale and offer, expose or advertise (otherwise than by means of a label or wrapper) for sale.
(2) Other expressions used in these Regulations and in the Directive have the same meaning in these Regulations as they have in the Directive.
Restriction on sale
3.—(1) No person who, in respect of a PNU food product of a particular type—
(a)
(a) is a manufacturer or an importer referred to in Article 9 of the Directive, but
(b)
(b) has failed to comply with—
(i) a requirement to notify the competent...
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