Amendment of regulation 8 of the 2016 Regulations
5. For regulation 8 (Transitional Arrangements) substitute—
“8.—(1) Infant Formula and Follow on Formula that does not comply with any specified provision of Delegated Regulation 127 specified in Schedule 1 may continue to be marketed until stocks of such food are exhausted provided that—
(a)it complies with the provisions of the EU Regulation specified in Schedule 1;
(b)it was placed on the market or labelled—
(i)before 22nd February 2020; or
(ii)before 22nd February 2021 in the case of infant formula and follow-on formula manufactured from protein hydrolysates, and
(c)the requirements specified in the following provisions of the Infant Formula and Follow on Formula Regulations (Northern Ireland) 2007(1) are met —
(i)regulation 3(1) (prohibition on the marketing of infant formula unless certain conditions are met) in the case of infant formula; or
(ii)regulation 3(2) (prohibition on the marketing of follow-on formula unless certain conditions are met) in the case of follow on formula.
(2) Food for special medical purposes that does not comply with any specified provision of Delegated Regulation 128 specified in Schedule 1 may continue to be marketed until stocks of such food are exhausted provided that—
(a)it complies with the provisions of the EU Regulation specified in Schedule 1;
(b)it was placed on the market or labelled—
(i)before 22nd February 2019; or
(ii)before 22nd February 2020 in the case of food for special medical purposes developed to satisfy the nutritional requirements of infants, and
(c)the requirements specified in the following provisions of the Medical Food Regulations (Northern Ireland) 2000(2) are met-
(i)regulation 3(1) (restrictions on sale of a medical food);
(ii)regulation 3(2) (restrictions on sale of a medical food of a particular type).”.
S.R. 2007 No. 506, as amended by S.R. 2008 No. 405 and S.R. 2014 No. 11