Article 1U.K.Subject matter and scope
1.This Regulation harmonises the provisions laid down by law, regulation or administrative action in Member States which relate to nutrition and health claims in order to ensure the effective functioning of the internal market whilst providing a high level of consumer protection.
2.This Regulation shall apply to nutrition and health claims made in commercial communications, whether in the labelling, presentation or advertising of foods to be delivered as such to the final consumer, including foods which are placed on the market unpacked or supplied in bulk.
It shall also apply in respect of foods intended for supply to restaurants, hospitals, schools, canteens and similar mass caterers.
3.A trade mark, brand name or fancy name appearing in the labelling, presentation or advertising of a food which may be construed as a nutrition or health claim may be used without undergoing the authorisation procedures provided for in this Regulation, provided that it is accompanied by a related nutrition or health claim in that labelling, presentation or advertising which complies with the provisions of this Regulation.
4.This Regulation shall apply without prejudice to the following Community provisions:
(a)Directive 89/398/EEC and Directives adopted on the basis thereof;
(b)Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters(1);
(c)Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption(2).
OJ L 229, 30.8.1980, p. 1. Directive as last amended by Regulation (EC) No 1882/2003.
OJ L 330, 5.12.1998, p. 32. Directive as amended by Regulation (EC) No 1882/2003.