The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004

Regulations 2(1), 5(3) and 8(1)(d)

SCHEDULE 1 E+W PROCESSED CEREAL-BASED FOODS

PART I E+W

Categories of processed cereal-based foods

1.  Simple cereals which are or have to be reconstituted with milk or other appropriate nutritious liquids. E+W

2.  Cereals with an added high protein food which are or have to be reconstituted with water or other protein-free liquid. E+W

3.  Pastas which are to be used after cooking in boiling water or other appropriate liquids. E+W

4.  Rusks and biscuits which are to be used either directly or, after pulverisation, with the addition of water, milk or other suitable liquids. E+W

PART II E+W

Essential composition of processed cereal-based foods

The requirements concerning nutrients refer to the products ready for use, marketed as such or reconstituted as instructed by the manufacturer.

Cereal content E+W

1.  Processed cereal-based foods are prepared primarily from one or more milled cereals and/or starchy root products.

The amount of cereal and/or starchy root shall not be less than 25 per cent of the final mixture on a dry weight for weight basis.

Protein E+W

2.   

2.1.  For products mentioned in paragraphs 2 and 4 of Part I, the protein content shall not exceed 1.3 g / 100 kJ (5.5 g / 100 kcal). E+W

2.2.  For products mentioned in paragraph 2 of Part I, the added protein shall not be less than 0.48 g / 100 kJ (2 g / 100 kcal). E+W

2.3.  For biscuits mentioned in paragraph 4 of Part I made with the addition of a high protein food, and presented as such, the added protein shall not be less than 0.36 g / 100 kJ (1.5 g / 100 kcal). E+W

2.4.  The chemical index of the added protein shall be equal to at least 80 per cent of that of the reference protein (casein as defined in Schedule 2), or the protein efficiency ratio (PER) of the protein in the mixture shall be equal to at least 70 per cent of that of the reference protein. In all cases, the addition of amino acids is permitted solely for the purpose of improving the nutritional value of the protein mixture, and only in the proportions necessary for that purpose. E+W

Carbohydrates E+W

3.   

3.1.  If sucrose, fructose, glucose, glucose syrups or honey are added to products mentioned in paragraphs 1 and 4 of Part I: E+W

• — the amount of added carbohydrates from these sources shall not exceed 1.8 g / 100 kJ (7.5 g / 100 kcal),

• — the amount of added fructose shall not exceed 0.9 g / 100 kJ (3.75 g / 100 kcal).

3.2.  If sucrose, fructose, glucose syrups or honey are added to products mentioned in paragraph 2 of Part I: E+W

• — the amount of added carbohydrates from these sources shall not exceed 1.2 g / 100 kJ (5 g / 100 kcal),

• — the amount of added fructose shall not exceed 0.6 g / 100 kJ (2.5 g / 100 kcal).

Fat E+W

4.   

4.1.  For products mentioned in paragraphs 1 and 4 of Part I, the fat content shall not exceed 0.8 g / 100 kJ (3.3 g / 100 kcal). E+W

4.2.  For products mentioned in paragraph 2 of Part I, the fat content shall not exceed 1.1 g / 100 kJ (4.5 g / 100 kcal). If the fat content exceeds 0.8 g / 100 kJ (3.3 g / 100 kcal): E+W

(a) the amount of lauric acid shall not exceed 15 per cent of the total fat content;

(b) the amount of myristic acid shall not exceed 15 per cent of the total fat content;

(c) the amount of linoleic acid (in the form of glycerides = linoleates) shall not be less than 70 mg / 100 kJ (300 mg / 100 kcal) and shall not exceed 285 mg / 100 kJ (1200 mg / 100 kcal).

Minerals E+W

5.   

Sodium E+W

• 5.1.  — sodium salts may only be added to processed cereal-based foods for technological purposes,

• — the sodium content of processed cereal-based foods shall not exceed 25 mg /100 kJ (100 mg / 100 kcal).

Calcium E+W

5.2.   

5.2.1.  For products mentioned in paragraph 2 of Part I, the amount of calcium shall not be less than 20 mg / 100 kJ (80 mg / 100 kcal). E+W

5.2.2.  For products mentioned in paragraph 4 of Part I manufactured with the addition of milk (milk biscuits) and presented as such, the amount of calcium shall not be less than 12 mg / 100 kJ (50 mg / 100 kcal). E+W

Vitamins E+W

6.   

6.1.  For processed cereal-based foods the amount of thiamin shall not be less than 25 μg / 100 kJ (100 μg / 100 kcal). E+W

6.2.  For products mentioned in paragraph 2 of Part I: E+W

The following limits apply:

1RE = all trans retinol equivalents
2In the form of cholecalciferol, of which 10 μg = 400 i.u. of Vitamin D
	Per 100 kJ		Per 100 kcal
	Minimum	Maximum	Minimum	Maximum
Vitamin A (μg RE)1	14	43	60	180
Vitamin D (μg)2	0.25	0.75	1	3

These limits are also applicable if vitamins A and D are added to other processed cereal-based foods.

Regulation 5(3) and Schedule 1, Part II, Paragraph 2.4

SCHEDULE 2 E+W AMINO ACID COMPOSITION OF CASEIN

Amino acid	(g per 100 g of protein)
Arginine	3.7
Cystine	0.3
Histidine	2.9
Isoleucine	5.4
Leucine	9.5
Lysine	8.1
Methionine	2.8
Phenylalanine	5.2
Threonine	4.7
Tryptophan	1.6
Tyrosine	5.8
Valine	6.7

Regulations 5(4) and 8(1)(d)

SCHEDULE 3 E+W ESSENTIAL COMPOSITION OF BABY FOODS

The requirements concerning nutrients refer to the products ready for use, marketed as such or reconstituted as instructed by the manufacturer.

Protein E+W

1.   

1.1.  If meat, poultry, fish, offal or other traditional source of protein are the only ingredients mentioned in the name of the product, then: E+W

• — the named meat, poultry, fish, offal or other traditional protein source, in total, shall constitute not less than 40 per cent by weight of the total product,

• — each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent, by weight, of total named protein sources,

• — the total protein from the named sources shall not be less than 1.7 g / 100 kJ (7 g / 100 kcal).

1.2.  If meat, poultry, fish, offal or other traditional source of protein, singularly or in combination, are mentioned first in the name of the product, whether or not the product is presented as a meal, then: E+W

• — the named poultry, fish, offal or other traditional protein source, in total, shall constitute not less than 10 per cent by weight of the total product,

• — each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent by weight, of total named protein sources,

• — the protein from the named sources shall not be less than 1 g / 100 kJ (4 g / 100 kcal).

1.3.  If meat, poultry, fish, offal or other traditional source of protein, singularly or in combination are mentioned, but not first, in the name of the product, whether or not the product is presented as a meal, then: E+W

• — the named meat, poultry, fish, offal or other traditional protein source, in total, shall constitute not less than 8 per cent by weight of the total product,

• — each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent, by weight, of total named protein sources,

• — the total protein from the named sources shall not be less than 0.5 g / 100 kJ (2.2 g / 100 kcal),

• — the total protein in the product from all sources shall not be less than 0.7 g / 100 kJ (3 g / 100 kcal)

1.4.  If cheese is mentioned together with other ingredients in the name of a savoury product, whether or not the product is presented as a meal, then: E+W

• — the protein from the dairy sources shall not be less than 0.5 g / 100 kJ (2.2 g / 100 kcal),

• — the total protein in the product from all sources shall not be less than 0.7 g / 100 kJ (3 g / 100 kcal).

1.5.  If the product is designated on the label as a meal, but does not mention meat, poultry, fish, offal or other traditional source of protein in the name of the product, the total protein in the product from all sources shall not be less than 0.7 g / 100 kJ (3 g /100 kcal). E+W

1.6.  Sauces presented as an accompaniment to a meal are exempt from the requirements of paragraph 1.1 to 1.5. E+W

1.7.  Sweet dishes that mention dairy products as the first or only ingredient in the name shall contain not less than 2.2 g dairy protein / 100 kcal. All other sweet dishes are exempt from the requirements in paragraph 1.1 to 1.5. E+W

1.8.  The addition of amino acids is permitted solely for the purpose of improving the nutritional value of the protein present, and only in the proportions necessary for that purpose. E+W

Carbohydrates E+W

2.  The quantities of total carbohydrates present in fruit and vegetable juices and nectars, fruit-only dishes, and desserts or puddings shall not exceed:

• — 10 g / 100 ml for vegetable juices and drinks based on them,

• — 15 g / 100 ml for fruit juices and nectars and drinks based on them,

• — 20 g / 100 g for fruit-only dishes,

• — 25 g / 100 g for desserts and puddings,

• — 5 g / 100 g for other non-milk-based drinks.

Fat E+W

3.   

3.1.  For products referred to in paragraph 1.1 if meat or cheese are the only ingredients or are mentioned first in the name of a product, the total fat in the product from all sources shall not exceed 1.4 g / 100 kJ (6g / 100 kcal). E+W

3.2.  For all other products the total fat in the product from all sources shall not exceed 1.1 g / 100 kJ (4.5 g / 100 kcal). E+W

Sodium E+W

4.   

4.1.  The final sodium content in the product shall be either not more than 48 mg / 100 kJ (200 mg / 100 kcal) or not more than 200 mg per 100 g. However if cheese is the only ingredient mentioned in the name of the product, the final sodium content in the product shall not be more than 70 mg / 100 kJ (300 mg / 100 kcal). E+W

4.2.  Sodium salts may not be added to products based on fruit, nor to desserts or puddings except for technological purposes. E+W

Vitamins E+W

5.  Vitamin C —

In a fruit juice, nectar, or vegetable juice the final content of vitamin C in the product shall be either not less than 6 mg / 100 kJ (25 mg / 100 kcal) or not less than 25 mg per 100 g.

Vitamin A —

In vegetable juices, the final content of vitamin A in the product shall be not less than 25 μg RE/100 kJ (100 μg RE/100 kcal) and, for the purposes of this paragraph, RE = all trans retinol equivalents.

Vitamin A shall not be added to other baby foods.

Vitamin D —

Vitamin D shall not be added to baby foods.

Regulations 6(1) and 8(2)

SCHEDULE 4 E+W NUTRITIONAL SUBSTANCES

1.  Vitamins E+W

• Vitamin A

• Retinol

• Retinyl acetate

• Retinyl palmitate

• Beta-carotene

• Vitamin D

• Vitamin D₂ (= ergocalciferol)

• Vitamin D₃ (= cholecalciferol)

• Vitamin B₁

• Thiamin hydrochloride

• Thiamin mononitrate

• Vitamin B₂

• Riboflavin

• Riboflavin-5'-phosphate, sodium

• Niacin

• Nicotinamide

• Nicotinic acid

• Vitamin B₆

• Pyridoxine hydrochloride

• Pyridoxine-5-phosphate

• Pyridoxine dipalmitate

• Pantothenic acid

• D-pantothenate, calcium

• D-pantothenate, sodium

• Dexpanthenol

• Folate

• Folic acid

• Vitamin B₁₂

• Cyanocobalamin

• Hydroxocobalamin

• Biotin

• D-biotin

• Vitamin C

• L-ascorbic acid

• Sodium L-ascorbate

• Calcium L-ascorbate

• 6-palmityl-L-ascorbic acid (ascorbyl palmitate)

• Potassium ascorbate

• Vitamin K

• Phylloquinone (phytomenadione)

• Vitamin E

• D-alpha tocopherol

• DL-alpha tocopherol

• D-alpha tocopherol acetate

• DL-alpha tocopherol acetate

Amino acids E+W

• 2.  L-arginine }

• L-cystine }

• L-histidine } and their hydrochlorides

• L-isoleucine }

• L-leucine }

• L-lysine }

• L-cysteine }

• L-methionine

• L-phenylalanine

• L-threonine

• L-tryptophan

• L-tyrosine

• L-valine

Others E+W

• 3.  Choline

• Choline chloride

• Choline citrate

• Choline bitartrate

• Inositol

• L-carnitine

• L-carnitine hydrochloride

Salts of minerals and trace elements E+W

• 4.  Calcium

• Calcium carbonate

• Calcium chloride

• Calcium salts of citric acid

• Calcium gluconate

• Calcium glycerophosphate

• Calcium lactate

• Calcium oxide

• Calcium hydroxide

• Calcium salts of orthophosphoric acid

• Magnesium

• Magnesium carbonate

• Magnesium chloride

• Magnesium salts of citric acid

• Magnesium gluconate

• Magnesium oxide

• Magnesium hydroxide

• Magnesium salts of orthophosphoric acid

• Magnesium sulphate

• Magnesium lactate

• Magnesium glycerophosphate

• Potassium

• Potassium chloride

• Potassium salts of citric acid

• Potassium gluconate

• Potassium lactate

• Potassium glycerophosphate

• Iron

• Ferrous citrate

• Ferric ammonium citrate

• Ferrous gluconate

• Ferrous lactate

• Ferrous sulphate

• Ferrous fumarate

• Ferric diphosphate (ferric pyrophosphate)

• Elemental iron (carbonyl + electrolytic + hydrogen-reduced)

• Ferric saccharate

• Sodium ferric diphosphate

• Ferrous carbonate

• Copper

• Copper-lysine complex

• Cupric carbonate

• Cupric citrate

• Cupric gluconate

• Cupric sulphate

• Zinc

• Zinc acetate

• Zinc citrate

• Zinc lactate

• Zinc sulphate

• Zinc oxide

• Zinc gluconate

• Manganese

• Manganese carbonate

• Manganese chloride

• Manganese citrate

• Manganese gluconate

• Manganese sulphate

• Manganese glycerophosphate

• Iodine

• Sodium iodide

• Potassium iodide

• Potassium iodate

• Sodium iodate

Regulation 6(2) and (3)

SCHEDULE 5 E+W MAXIMUM LIMITS FOR VITAMINS, MINERALS AND TRACE ELEMENTS, IF ADDED, IN PROCESSED CEREAL-BASED FOODS AND BABY FOODS

PART I E+W General

3Unless otherwise stated in column 2 of Part I or column 3 of Part II, the maximum limits specified in those columns apply to food ready for use, whether marketed as such or reconstituted as instructed by the manufacturer.
Column 1	Column 2
Nutrient	Maximum limit per 100 kcal3
Vitamin E	3 mg a-TE
Riboflavin	0.4 mg
Niacin	4.5 mg NE
Vitamin B6	0.35 mg
Folic acid	50 μg
Vitamin B12	0.35 μg
Pantothenic acid	1.5 mg
Biotin	10 μg
Potassium	160 mg (of the food as sold)
Magnesium	40 mg
Iron	3 mg
Zinc	2 mg
Copper	40 μg
Iodine	35 μg
Manganese	0.6 mg

PART II E+W Specified foods

4Unless otherwise stated in column 2 of Part I or column 3 of Part II, the maximum limits specified in those columns apply to food ready for use, whether marketed as such or reconstituted as instructed by the manufacturer.
5RE = all trans retinol equivalents.
Column 1	Column 2	Column 3
Food	Nutrient	Maximum limit per 100 kcal4
1.  Vegetable juices which are baby foods	Vitamin A	180 μg RE5
2.  Food fortified with iron	Vitamin C	25 mg
3.  Fruit-based dishes, fruit juices, nectars or vegetable juices	Vitamin C	125 mg
4.  Food other than that within entry number 2 or 3 above	Vitamin C	12.5 mg
5.  Processed cereal-based food	Thiamin	0.5 mg
6.  Baby food	Thiamin	0.25 mg
7.  Food within paragraph 1 or 2 of Part I of Schedule 1	Calcium	180 mg (of the food as sold)
8.  Food within paragraph 4 of Part I of Schedule 1	Calcium	100 mg (of the food as sold)
9.  Food other than that within entry number 7 or 8 above	Calcium	80 mg (of the food as sold)

Regulation 7(1) and (3)

SCHEDULE 6 E+W PESTICIDES WHOSE RESIDUES MUST NOT BE PRESENT IN PROCESSED CEREAL-BASED FOODS OR BABY FOODS AT A LEVEL EXCEEDING 0.003 MG/KG

Chemical name

Aldrin and dieldrin, expressed as dieldrin

Disulfoton (sum of disulfoton, disulfoton sulfoxide and disulfoton sulfone expressed as disulfoton)

Endrin

Fensulfothion (sum of fensulfothion, its oxygen analogue and their sulfones, expressed as fensulfothion)

Fentin, expressed as triphenyltin cation

Haloxyfop (sum of haloxyfop, its salts and esters including conjugates, expressed as haloxyfop)

Heptachlor and trans-heptachlor epoxide, expressed as heptachlor

Hexachlorobenzene

Nitrofen

Omethoate

Terbufos (sum of terbufos, its sulfoxide and sulfone, expressed as terbufos)

Regulation 7(2) and (3)

SCHEDULE 7 E+W SPECIFIC MAXIMUM RESIDUE LEVELS OF CERTAIN PESTICIDES IN PROCESSED CEREAL-BASED FOODS OR BABY FOODS

Column 1	Column 2
Chemical name of the substance	Maximum residue level(mg/kg)
Cadusafos	0.006
Demeton-S-methyl/ demeton-S-methyl sulfone/oxydemeton-methyl (individually or combined, expressed as demeton-S-methyl)	0.006
Ethoprophos	0.008
Fipronil (sum of fipronil and fipronil-desulfinyl, expressed as fipronil)	0.004
Propineb/propylenethiourea (sum of propineb and propylenethiourea)	0.006

Regulation 8(3)

SCHEDULE 8 E+W REFERENCE VALUES FOR NUTRITION LABELLING FOR FOODS INTENDED FOR INFANTS AND YOUNG CHILDREN

Column 1	Column 2
Nutrient	Labelling reference value
Vitamin A	(μg) 400
Vitamin D	(μg) 10
Vitamin C	(mg) 25
Thiamin	(mg) 0.5
Riboflavin	(mg) 0.8
Niacin equivalents	(mg) 9
Vitamin B6	(mg) 0.7
Folate	(μg) 100
Vitamin B12	(μg) 0.7
Calcium	(mg) 400
Iron	(mg) 6
Zinc	(mg) 4
Iodine	(μg) 70
Selenium	(μg) 10
Copper	(mg) 0.4

Regulation 10A

[F1 SCHEDULE 9 E+W MODIFICATION OF THE IMPROVEMENT NOTICE PROVISIONS OF THE ACT

Textual Amendments

F1 Sch. 9 inserted (2.8.2016) by The Food for Specific Groups (Information and Compositional Requirements) (Wales) Regulations 2016 (S.I. 2016/639), reg. 1(3), Sch. 3 para. 3(c)

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

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

“(1) If an authorised officer of an enforcement authority has reasonable grounds for suspecting that a person is failing to comply with regulation 4 of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—

(a) state the officer’s grounds for suspecting 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.”

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

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

“(a) to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of regulation 4 of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004; 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;”.

PART 3 E+W Modification of section 35

3.   In section 35 (punishment of offences), after subsection (1), insert— E+W

“(1A) A person guilty of an offence under section 10(2), as applied by regulation 10A(1) of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004, is liable, on summary conviction, to a fine.”

PART 4 E+W Modification of section 37(1), (5) and (6)

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

“(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 10A(1) of, and Part 1 of Schedule 9 to, the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004, may apply to the magistrates’ court.”

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

“(5) The period within which such an appeal as is mentioned in subsection (1) above may be brought shall be—

(a) one month from the date on which notice of the decision was served on the person desiring to appeal; or

(b) the period specified in the improvement notice,

whichever ends the earlier; and in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.”

6.   In section 37(6)— E+W

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

(b) in paragraph (a), omit “or to the sheriff”.

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

7.   In section 39(3) (appeals against improvement notices), omit “for want of prosecution”.] E+W