Notification of Marketing of Food for Particular Nutritional Uses Regulations (Northern Ireland) 2002 © Crown Copyright 2002 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Royal Arms and the Government Printer for Northern Ireland imprints. The text of this Internet version of the Statutory Rule has been prepared to reflect the text as it was Made. The authoritative version is the Government Printer for Northern Ireland copy published by The Stationery Office Limited as the Notification of Marketing of Food for Particular Nutritional Uses Regulations (Northern Ireland) 2002, ISBN 0 33794152 1. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Department of Health, Social Services and Public Safety[1] in exercise of the powers conferred on it by Articles 16(1), 25(1)(a) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991[2] and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency and after consultation in accordance with Article 47(3) and (3B) of the said Order, hereby makes the following Regulations: - Citation and commencement 1. These Regulations may be cited as the Notification of Marketing of Food for Particular Nutritional Uses Regulations (Northern Ireland) 2002 and shall come into operation on 8th March 2002. Interpretation 2. - (1) In these Regulations -
(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 -
(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) food intended to meet the expenditure of intense muscular effort, especially for sportsmen, and (vi) foods for persons suffering from carbohydrate-metabolism disorders (diabetes);
(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
(2) Other expressions used in these Regulations and in the Directive have the same meaning in these Regulations as they have in the Directive.
(b) has failed to comply with -
(ii) a requirement to produce anything to the competent authority, as referred to in paragraph 3 of that Article,
shall sell a PNU food product of that type
(2) For the purposes of paragraph (1) the competent authority is the Food Standards Agency.
(b) Article 4 (presumptions that food intended for human consumption); (c) Article 19 (offences due to fault of another person); (d) Article 20 (defence of due diligence) as it applies for the purposes of Article 7, 13 or 14 of the Order; (e) Article 21 (defence of publication in the course of a business); (f) Article 30(8) (which relates to documentary evidence); (g) Article 34 (obstruction, etc., of officers); (h) Article 36 (punishment of offences) in so far as it relates to offences under Article 34(1) and (2) as applied by paragraph (g).
(This note is not part of the Regulations.) These Regulations implement Article 9 of Council Directive 89/398/EC on the approximation of the laws of the member States relating to foodstuffs intended for particular nutritional uses, as amended by Directive 1999/41/EC of the European Parliament and of the Council. The Regulations concern foods which, owing to their special composition or manufacturing process, are clearly distinguishable from foods for normal consumption, and which are marketed as suitable for categories of consumers with disturbed digestive processes or metabolism or in a special physiological condition, or for infants or young children in good health, but which are neither covered nor to be covered by other Directives on specific types of foodstuffs for particular nutritional uses (the definition of "PNU food" in regulation 2(1) refers). Article 9 of the Directive requires notification (followed, where necessary, by provision of supplementary material) to competent authorities of the placing on the market of such products; the requirement applies when the product is manufactured or imported, and regulation 3 prohibits sale of products of that type by manufacturers and importers covered by the requirement unless they have complied with it by notifying the Food Standards Agency as the competent authority. "Sell" is given an extended meaning in the Regulations (regulations 2(1) and 6(a) refer). Enforcement responsibility, offences and penalties, and application of provisions of the Food Safety (Northern Ireland) Order 1991 are set out in regulations 4, 5 and 6. Labelling provisions of the Directive are implemented in the Food Labelling Regulations (Northern Ireland) 1996 (S.R. 1996 No. 383). Notes: [1] Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I. 1), Article 3back [2] S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28back [3] O.J. No. L186, 30.6.89, p. 27back [4] O.J. No. L172, 8.7.1999, p. 38back
ISBN 0 33794152 1
|
|
Other Statutory Rules of Northern Ireland | UK Statutory Instruments | Home | Her Majesty's Stationery Office | ||
| We welcome your comments on this site | © Crown copyright 2002 | Prepared 15 February 2002 |