The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009

Regulations 2(1) and 3(1)

[F1 SCHEDULE 1] E+W+S Specified Provisions

Textual Amendments

F1 Sch. 1: Sch. renumbered as Sch. 1 (20.7.2016) by The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016 (S.I. 2016/688), reg. 1(3), Sch. 3 para. 5(b)

Provision of the Commission Regulation	Subject matter
Article 2(1)	Requirement that among the substances belonging to the categories appearing in the Annex to the Commission Regulation, only those listed in that Annex, complying with the relevant specifications as necessary may be added for specific nutritional purposes in the manufacture of foodstuffs for particular nutritional uses [F2 (foodstuffs which, owing to their special composition or manufacturing process, are clearly distinguishable from foodstuffs for normal consumption, which are suitable for their claimed nutritional purposes and which are marketed in such a way as to indicate such suitability)].
Article 3(1)	Requirement that the use of substances added for specific nutritional purposes shall result in the manufacture of safe products that fulfil the particular nutritional requirements of the persons for whom they are intended, as established by generally accepted scientific data.
Article 3(2)	Requirement that upon request by the [F3 Secretary of State, Welsh Ministers or Food Standards Scotland], the manufacturer or, where appropriate, the importer shall produce the scientific work and the data establishing that the use of the substances complies with Article 3(1) of the Commission Regulation. If such work and data are contained in a readily available publication, a mere reference to that publication shall suffice.
Article 4(2)	Requirement that purity criteria established by [F4 retained EU law] which apply to the substances listed in the Annex to the Commission Regulation when they are used in the manufacture of foodstuffs for purposes other than those covered by the Commission Regulation shall also apply to those substances when they are used for purposes covered by the Commission Regulation.
Article 4(3)	Requirement that for substances listed in the Annex to the Commission Regulation for which purity criteria are not established by [F4 retained EU law], and until the adoption of such specifications, generally acceptable purity criteria recommended by international bodies shall apply.

Textual Amendments

F2 Words in Sch. 1 substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 15(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Sch. 1 substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 15(2)(b) (as amended by The Nutrition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1476), regs. 1(2), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 1 substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 15(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

[F5 SCHEDULE 2 E+W+S Modification of the improvement notice provisions of the Act

Textual Amendments

F5 Sch. 2 inserted (20.7.2016) by The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016 (S.I. 2016/688), reg. 1(3), Sch. 3 para. 5(c)

PART 1 E+W+S Modification of section 10(1)

1.   For section 10(1) (improvement notices) substitute— E+W+S

“(1) If an authorised officer of an enforcement authority F6 ... has reasonable grounds for believing that a person is failing to comply with regulation 3A(1) to the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—

(a) [F7 state the officer’s grounds for believing] that the person is failing to comply or, as the case may be, that the food does not comply with the relevant provision;

(b) specify the matters which constitute the failure to so comply;

(c) specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and

(d) require the person to take those measures, or such measures that are at least equivalent to them, within such period as may be specified in the notice.”.

Textual Amendments

F6 Words in Sch. 2 para. 1 omitted (22.2.2020) by virtue of The Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment etc.) (England) Regulations 2020 (S.I. 2020/43), reg. 1(1), Sch. 5 para. 5(3)(a)(i)

F7 Words in Sch. 2 para. 1(a) substituted (22.2.2020) by The Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment etc.) (England) Regulations 2020 (S.I. 2020/43), reg. 1(1), Sch. 5 para. 5(3)(a)(ii)

PART 2 E+W+S Modification of section 32(1)

2.   For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute— E+W+S

“(a) to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of regulation 3A(1) to the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009; and

(b) to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of that regulation;”.

3.   Section 32(9) does not apply. E+W+S

PART 3 E+W+S Modification of section 35 (punishment of offences)

4.   In section 35, after subsection (1A), insert— E+W+S

“(1B) A person guilty of an offence under section 10(2), as applied by regulation 3A(1) of the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009, is liable, on summary conviction, to a fine.”.

PART 4 E+W+S Modification of section 37(1) and (6)

5.   For section 37(1) (appeals) substitute— E+W+S

“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1) as applied and modified by regulation 3A(1) of, and Part 1 of Schedule 2 to, the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009, may apply to the First-tier Tribunal”.

6.   Section 37(2) does not apply. E+W+S

7.   For section 37(3) substitute— E+W+S

“(3) The appeals procedure under the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 applies to appeals made under subsection (1)”.

8.   For section 37(5) substitute– E+W+S

“(5) The notice of appeal period under rule 22 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 applies to appeals made under subsection (1)”.

9.   In section 37(6)— E+W+S

(a) for “(3) or (4)” substitute “(1)”, and

(b) in paragraph (a), for “magistrates’ court or to the sheriff” substitute “the First-tier Tribunal”.

PART 5 E+W+S Modification of section 39(1) and (3)

10.   For section 39(1) (appeals against improvement notices) substitute— E+W+S

“(1) On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 3A(1) of, and Part 1 of Schedule 2 to, the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009, the First-tier Tribunal may [F8 either cancel or affirm the notice] and, if it affirms it, may do so either in its original form or with such modifications as the First-tier Tribunal may in the circumstances think fit.”.

Textual Amendments

F8 Words in Sch. 2 para. 10 substituted (22.2.2020) by The Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment etc.) (England) Regulations 2020 (S.I. 2020/43), reg. 1(1), Sch. 5 para. 5(3)(b)

11.   In section 39(3), omit “for want of prosecution”.] E+W+S