Regulation (EC) No 1924/2006 of the european parliament and of the councilShow full title

[X1 CHAPTER I U.K. SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 U.K. Subject matter and scope

1. This Regulation harmonises the provisions laid down by law, regulation or administrative action in Member States which relate to nutrition and health claims in order to ensure the effective functioning of the internal market whilst providing a high level of consumer protection.

2. This Regulation shall apply to nutrition and health claims made in commercial communications, whether in the labelling, presentation or advertising of foods to be delivered as such to the final consumer.

[F1 In the case of non-prepackaged foodstuffs (including fresh products such as fruit, vegetables or bread) put up for sale to the final consumer or to mass caterers and foodstuffs packed at the point of sale at the request of the purchaser or pre-packaged with a view to immediate sale, Article 7 and Article 10(2)(a) and (b) shall not apply. National provisions may apply until the eventual adoption of Community measures designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).]

This Regulation shall also apply in respect of foods intended for supply to restaurants, hospitals, schools, canteens and similar mass caterers.

3. A trade mark, brand name or fancy name appearing in the labelling, presentation or advertising of a food which may be construed as a nutrition or health claim may be used without undergoing the authorisation procedures provided for in this Regulation, provided that it is accompanied by a related nutrition or health claim in that labelling, presentation or advertising which complies with the provisions of this Regulation.

[F1 4. For generic descriptors (denominations) which have traditionally been used to indicate a particularity of a class of foods or beverages which could imply an effect on human health, a derogation from paragraph 3 designed to amend non-essential elements of this Regulation by supplementing it may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3), on application by the food business operators concerned. The application shall be sent to the national competent authority of a Member State which will forward it to the Commission without delay. The Commission shall adopt and make public the rules for food business operators according to which such applications shall be made, so as to ensure that the application is dealt with transparently and within a reasonable time.]

5. This Regulation shall apply without prejudice to the following Community provisions:

(a) Directive 89/398/EEC and Directives adopted relating to foodstuffs for particular nutritional uses;

(b) Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (1) ;

(c) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (2) ;

(d) Directive 2002/46/EC.

Textual Amendments

F1 Substituted 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.

Article 2 U.K. Definitions

1. For the purposes of this Regulation:

(a) the definitions of ‘food’, ‘food business operator’, ‘placing on the market’, and ‘final consumer’ set out in Articles 2, 3(3), 3(8) and 3(18) of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (3) shall apply;

(b) the definition of ‘ food supplement ’ set out in Directive 2002/46/EC shall apply;

(c) the definitions of ‘ nutrition labelling ’ , ‘ protein ’ , ‘ carbohydrate ’ , ‘ sugars ’ , ‘ fat ’ , ‘ saturates ’ , ‘ mono-unsaturates ’ , ‘ poly-unsaturates ’ , ‘ fibre ’ set out in Directive 90/496/EEC shall apply;

(d) the definition of ‘ labelling ’ set out in Article 1(3)(a) of Directive 2000/13/EC shall apply.

2. The following definitions shall also apply:

1)

‘ claim ’ means any message or representation, which is not mandatory under Community or national legislation, including pictorial, graphic or symbolic representation, in any form, which states, suggests or implies that a food has particular characteristics;

2)

‘ nutrient ’ means protein, carbohydrate, fat, fibre, sodium, vitamins and minerals listed in the Annex to Directive 90/496/EEC, and substances which belong to or are components of one of those categories;

3)

‘ other substance ’ means a substance other than a nutrient that has a nutritional or physiological effect;

4)

‘ nutrition claim ’ means any claim which states, suggests or implies that a food has particular beneficial nutritional properties due to:

(a)

the energy (calorific value) it

(i)

provides;

(ii)

provides at a reduced or increased rate; or

(iii)

does not provide; and/or

(b)

the nutrients or other substances it

(i)

contains;

(ii)

contains in reduced or increased proportions; or

(iii)

does not contain;

5)

‘ health claim ’ means any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health;

6)

‘ reduction of disease risk claim ’ means any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease;

7)

‘ Authority ’ means the European Food Safety Authority established by Regulation (EC) No 178/2002.]

Editorial Information

X1 Substituted 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).

(1)

[X1 OJ L 229, 30.8.1980, p. 1 . Directive as last amended by Regulation (EC) No 1882/2003.]

(2)

[X1 OJ L 330, 5.12.1998, p. 32 . Directive as amended by Regulation (EC) No 1882/2003.]

(3)

[X1 OJ L 31, 1.2.2002, p. 1 . Regulation as last amended by Commission Regulation (EC) No 575/2006 ( OJ L 100, 8.4.2006, p. 3 ).]

Editorial Information

X1 Substituted 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).