The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002

Interpretation

2.—(1) In these Regulations—

“the Act” means the Food Safety Act 1990;

“designated PNU food” means any PNU food other than infant formulae, follow-on formulae, processed cereal-based foods and baby foods intended for infants and young children;

“Directive 89/398” means Council Directive 89/398/EEC(1) 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(2);

“Directive 2001/15” means Commission Directive 2001/15/EC(3) (as corrected(4)) on substances that may be added for specific nutritional purposes in foods for particular nutritional uses;

“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);

“L-tryptophan food” means any designated PNU food being a food to which L-tryptophan, or any of its sodium, potassium, calcium or magnesium salts or its hydrochloride, has been added for a specific nutritional purpose;

“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;

“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 person 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 for sale.

(2) Other expressions used both in these Regulations and in Directive 89/398 or 2001/15 have the same meaning in these Regulations as they have in the Directive concerned.

(1)

OJ No. L186, 30.6.89, p.27.

(2)

OJ No. L172, 8.7.1999, p.38.

(3)

OJ No. L52, 22.2.2001, p.19.

(4)

OJ No. L253, 21.9.2001, p.34.