[X1 Article 4 U.K. Conditions for the use of nutrition and health claims
1 .[F1The appropriate authority may by regulations establish specific nutrient profiles, including exemptions, which food or certain categories of food must comply with in order to bear nutrition or health claims and the conditions for the use of nutrition or health claims for foods or categories of foods with respect to the nutrient profiles.]
The nutrient profiles for food and/or certain categories of food shall be established taking into account in particular:
(a) the quantities of certain nutrients and other substances contained in the food, such as fat, saturated fatty acids, trans-fatty acids, sugars and salt/sodium;
(b) the role and importance of the food (or of categories of food) and the contribution to the diet of the population in general or, as appropriate, of certain risk groups including children;
(c) the overall nutritional composition of the food and the presence of nutrients that have been scientifically recognised as having an effect on health.
The nutrient profiles shall be based on scientific knowledge about diet and nutrition, and their relation to health.
[F2Before making regulations to establish the nutrient profiles, the appropriate authority must request an expert committee] to provide within 12 months relevant scientific advice, focusing in particular on:
whether profiles should be set for food in general and/or categories of food;
the choice and balance of nutrients to be taken into account;
the choice of reference quantity/basis for profiles;
the approach to the calculation of the profiles; and
the feasibility and testing of a proposed system.
[F3Before making regulations to establish the nutrient profiles, the appropriate authority must carry out consultations with the other relevant authorities and] interested parties, in particular food business operators and consumer groups.
[F4The appropriate authority may by regulations amend the nutrient profiles and their conditions of use to take into account relevant scientific developments, after consulting the other relevant authorities and interested parties, in particular food business operators and consumer groups.]
2 . By way of derogation from paragraph 1, nutrition claims:
(a) referring to the reduction of fat, saturated fatty acids, trans-fatty acids, sugars and salt/sodium shall be allowed without reference to a profile for the specific nutrient/s for which the claim is made, provided they comply with the conditions laid down in this Regulation;
(b) shall be allowed, where a single nutrient exceeds the nutrient profile provided that a statement about the specific nutrient appears in close proximity to, on the same side and with the same prominence as the claim. This statement shall read as follows: ‘High (1) content’.
3 . Beverages containing more than 1,2 % by volume of alcohol shall not bear health claims.
As far as nutrition claims are concerned, only nutrition claims referring to low alcohol levels, or the reduction of the alcohol content, or the reduction of the energy content for beverages containing more than 1,2 % by volume of alcohol, shall be permitted.
F5 4 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F65 .[F7The appropriate authority may by regulations specify] the foods or categories of foods other than those referred to in paragraph 3 for which nutrition or health claims are to be restricted or prohibited [F8, in the light of scientific evidence.]]]
Editorial Information
X1Substituted by Corrigendum to Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (Official Journal of the European Union L 404 of 30 December 2006).
Textual Amendments
F1Words in Art. 4(1) substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 4(1) substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 4(1) substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(5)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 4(1) substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(5)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 4(4) omitted (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6Substituted by Regulation (EC) No 107/2008 of the European Parliament and of the Council of 15 January 2008 amending Regulation (EC) No 1924/2006 on nutrition and health claims made on foods as regards the implementing powers conferred on the Commission.
F7Words in Art. 4(5) substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(5)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 4(5) substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(5)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
[X1The name of the nutrient exceeding the nutrient profile.]