Article 1U.K.
1.This Directive is a ‘specific Directive’ within the meaning of Article 4 of Directive 89/398/EEC and lays down compositional and labelling requirements for foods for particular nutritional uses intended for use in energy restricted diets for weight reduction and presented as such.
2.Foods for use in energy-restricted diets for weight reduction are specially formulated foods which, when used as instructed by the manufacturer, replace the whole or part of the total daily diet. They are divided in two categories:
(a)products presented as a replacement for the whole of the daily diet;
(b)products presented as a replacement for one or more meals of the daily diet.
Article 2U.K.
Member States shall ensure that the products referred to in Article 1 may be marketed within the Community only if they conform to the rules laid down in this Directive.
Article 3U.K.
Foods covered by this Directive shall comply with the compositional criteria specified in Annex 1.
Article 4U.K.
All individual components making up the products referred to in point (a) of Article 1 (2), as sold, shall be contained in the same package.
Article 5U.K.
1.The name under which the product is sold shall be:
(a)for products covered by point (a) of Article 1 (2),
‘Total diet replacement for weight control’;
(b)for products covered by point (b) of Article 1 (2),
‘Meal replacement for weight control’.
2.The labelling of the products concerned shall bear, in addition to those provided for in Article 3 of Council Directive 79/112/EEC, the following mandatory particulars:
(a)the available energy value expressed in kJ and kcal, and the content of proteins, carbohydrates and fat, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption;
(b)the average quantity of each mineral and each vitamin for which mandatory requirements are stipulated in paragraph 5 of Annex 1, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption. In addition, for products mentioned in point (b) of Article 1 (2), information on vitamins and minerals listed in the Table of point 5 of Annex I shall also be expressed as a percentage of the values as defined in the Annex to Council Directive 90/496/EEC(1);
(c)nstructions for appropriate preparation, when necessary and a statement as to the importance of following those instructions;
(d)if a product, when used as instructed by the manufacturer, provides a daily intake of polyols in excess of 20 g per day, there shall be a statement to the effect that the food may have a laxative effect;
(e)a statement on the importance of maintaining an adequate daily fluid intake;
(f)for products mentioned in point (a) of Article 1 (2):
a statement that the product provides adequate amounts of all essential nutrients for the day;
a statement that the product should not be used for more than three weeks without medical advice;
(g)for products mentioned in point (b) of Article 1 (2), a statement to the effect that the products are useful for the intended use only as part of an energy-restricted diet and that other foodstuffs should be a necessary part of such diet.
[F13. The labelling, advertising and presentation of the products concerned shall not make any reference to the rate or amount of weight loss which may result from their use.]
Textual Amendments
Article 6U.K.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 1997. They shall forthwith inform the Commission thereof.
Those laws, regulations and administrative provisions shall be applied in such a way as to:
permit trade in products complying with this Directive, by 1 October 1997,
prohibit trade in products which do not comply with this Directive, with effect from 31 March 1999.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
Article 7U.K.
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Article 8U.K.
This Directive is addressed to the Member States.