Regulation (EC) No 1925/2006 of the European Parliament and of the Council
of 20 December 2006
on the addition of vitamins and minerals and of certain other substances to foods
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Economic and Social Committee(1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),
Whereas:
(1) There is a wide range of nutrients and other ingredients that might be used in food manufacturing, including, but not limited to, vitamins, minerals including trace elements, amino acids, essential fatty acids, fibre, various plants and herbal extracts. Their addition to foods is regulated in Member States by differing national rules that impede the free movement of these products, create unequal conditions of competition and thus have a direct impact on the functioning of the internal market. It is therefore necessary to adopt Community rules harmonising national provisions relating to the addition of vitamins and minerals and of certain other substances to foods.
(2) This Regulation aims to regulate the addition of vitamins and minerals to foods and the use of certain other substances or ingredients containing substances other than vitamins or minerals that are added to foods or used in the manufacture of foods under conditions that result in the ingestion of amounts greatly exceeding those reasonably expected to be ingested under normal conditions of consumption of a balanced and varied diet and/or would otherwise represent a potential risk to consumers. In the absence of specific Community rules regarding prohibition or restriction of use of substances or ingredients containing substances other than vitamins or minerals under this Regulation or under other specific Community provisions, relevant national rules may apply without prejudice to the provisions of the Treaty.
(3) Some Member States require the mandatory addition of some vitamins and minerals to certain ordinary foods, for reasons dictated by public health considerations. These reasons may be pertinent at national or even regional level, but would not currently justify harmonisation of the mandatory addition of nutrients across the Community. However, if and when this became appropriate, such provisions could be adopted at Community level. Meanwhile, it would be useful for information on such national measures to be compiled.
(4) Vitamins and minerals may be added to foods voluntarily by food manufacturers or must be added as nutritional substances as provided for by specific Community legislation. They may also be added for technological purposes as additives, colourings, flavourings or other such uses including authorised oenological practices and processes provided for by relevant Community legislation. This Regulation should apply without prejudice to the specific Community rules concerning the addition of vitamins and minerals to or their use in specific products or groups of products or their addition for purposes other than those covered by this Regulation.
(5) Given that detailed rules on food supplements containing vitamins and minerals have been adopted by Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements(3), provisions of this Regulation regarding vitamins and minerals should not apply to food supplements.
(6) Vitamins and minerals are added to foods by manufacturers for a number of purposes including to restore their content where this has been reduced during manufacturing, storage or handling procedures or to provide a similar nutritional value to foods for which they are intended as alternatives.
(7) An adequate and varied diet can, under normal circumstances, provide all necessary nutrients for normal development and maintenance of a healthy life in quantities such as those established and recommended by generally acceptable scientific data. However, surveys show that this ideal situation is being achieved neither for all vitamins and minerals nor by all groups of the population across the Community. Foods to which vitamins and minerals have been added appear to make an appreciable contribution to the intake of these nutrients and as such may be considered to make a positive contribution to overall intakes.
(8) Some nutrient deficiencies, although not very frequent, can be demonstrated to exist at present in the Community. Changes in the socio-economic situation prevailing in the Community and the life styles of different groups of the population have led to different nutritional requirements and to changing dietary habits. This in turn has led to changes in the energy and nutrient requirements of various groups of the population and to intakes of certain vitamins and minerals for these groups that would be below those recommended in different Member States. In addition, progress in scientific knowledge indicates that intakes of some nutrients for maintaining optimal health and well-being could be higher than those currently recommended.
(9) Only vitamins and minerals normally found in and consumed as part of the diet and considered essential nutrients should be allowed to be added to foods although this does not mean that their addition thereto is necessary. Controversy as to the identity of these essential nutrients that could potentially arise should be avoided. It is therefore appropriate to establish a positive list of these vitamins and minerals.
(10) The chemical substances used as sources of vitamins and minerals which may be added to foods should be safe and also be bio-available i.e. available to be used by the body. For this reason a positive list of these substances should also be established. Such substances that have been approved by the Scientific Committee on Food in an Opinion expressed on 12 May 1999, on the basis of the above criteria of safety and bio-availability, and can be used in the manufacture of foods intended for infants and young children, other foods for particular nutritional uses or food supplements should appear in this positive list. Although sodium chloride (common salt) does not appear among the substances in this list, it may continue to be used as an ingredient in the preparation of food.
(11) In order to keep up with scientific and technological developments, it is important to revise the above lists promptly, when necessary. Such revisions would be implementing measures of a technical nature and their adoption should be entrusted to the Commission in order to simplify and expedite the procedure.
(12) Foods to which vitamins and minerals are added are in most cases promoted by manufacturers and may be perceived by consumers as products having a nutritional, physiological or other health advantage over similar or other products without such nutrients added. This may induce consumer choices that may be otherwise undesirable. To counter this potential undesirable effect, it is considered appropriate to impose some restrictions on the products to which vitamins and minerals can be added, in addition to those that would result naturally from technological considerations or become necessary for safety reasons when maximum limits of vitamins and minerals in such products are set. The content in the product of certain substances, such as alcohol, would, in this context, be an appropriate criterion for not allowing vitamins and minerals to be added to it. Any derogation from banning the addition of vitamins and minerals to alcoholic beverages should be limited to protecting traditional wine recipes, with the relevant products being notified to the Commission. No claims about any nutritional or health benefits of the additions should be made. Moreover, in order to avoid any confusion for the consumer as to the natural nutritional value of fresh foods, the addition of vitamins and minerals thereto should not be allowed.
(13) This Regulation is not intended to cover the use of vitamins and minerals in trace quantities as authenticity markers used with the objective of combating fraud.
(14) Excessive intakes of vitamins and minerals may result in adverse health effects and it is therefore necessary to set maximum amounts for them when they are added to foods, as the case may be. These amounts must ensure that the normal use of the products, under the instructions for use provided by the manufacturer and in the context of a diversified diet, will be safe for the consumer. Therefore those amounts should be total maximum safe levels for the vitamins and minerals present in the food naturally and/or added to the food for whatever purpose, including for technological uses.
(15) For that reason those maximum amounts and any other conditions restricting their addition to foods, where necessary, should be adopted taking into account their upper safe levels established by scientific risk assessment based on generally acceptable scientific data and their potential intake from other foods. Due account should also be taken of the population reference intakes of vitamins and minerals. Where it is necessary, for certain vitamins and minerals, to establish restrictions regarding the foods to which they can be added (e.g. the addition of iodine to salt), priority should be given to the purposes of restoring their content where this has been reduced during manufacturing, storage or handling procedures and of providing a similar nutritional value to foods for which those foods are intended as alternatives.
(16) Vitamins and minerals added to foods should result in a minimum amount being present in the food. Otherwise the presence of too small and insignificant amounts in these fortified foods would not offer any benefit to consumers and would be misleading. The same principle underlies the requirement that these nutrients should be present in a significant amount in the food in order to be allowed to be declared in nutrition labelling. Therefore it would be appropriate that the minimum amounts of vitamins and minerals in foods to which those vitamins and minerals have been added should be the same as those significant amounts that should be present for those nutrients to be declared in nutrition labelling unless otherwise provided for by appropriate derogations.
(17) The adoption of maximum amounts and any conditions of use based on the application of the principles and criteria stipulated in this Regulation and the adoption of minimum amounts would be implementing measures of a technical nature and their adoption should be entrusted to the Commission in order to simplify and expedite the procedure.
(18) General labelling provisions and definitions are contained in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(4). This Regulation should therefore be confined to the necessary additional provisions. Those additional provisions should also apply without prejudice 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(5).
(19) Given the nutritional importance of products to which vitamins and minerals have been added and their potential impact on dietary habits and overall nutrient intakes, the consumer should be able to evaluate the global nutritional quality of those products. Therefore, by derogation from Article 2 of Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs(6), nutrition labelling should be compulsory.
(20) A normal and varied diet contains many ingredients, which in turn contain many substances. The intake of these substances or ingredients resulting from their normal and traditional use in current diets would not cause concern and does not need to be regulated. Some substances other than vitamins and minerals or ingredients containing them are added to foods as extracts or concentrates and may result in intakes that are significantly higher than those that could be ingested through eating an adequate and varied diet. The safety of such practices is in some cases seriously contested and the benefits are unclear; therefore they should be regulated. It is appropriate, in such cases, that food business operators, responsible for the safety of the foods they place on the market, assume the burden of proof in relation to their safety.
(21) Given the particular nature of foods to which vitamins and minerals are added, means additional to those usually available to monitoring bodies should be available in order to facilitate efficient monitoring of those products.
(22) Since the objective of this Regulation, namely to ensure the effective functioning of the internal market as regards the addition of vitamins and minerals and certain other substances to foods whilst providing a high level of consumer protection, cannot be sufficiently achieved by the Member States, and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
(23) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7),
HAVE ADOPTED THIS REGULATION:
CHAPTER IU.K.SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1U.K.Subject matter and scope
F11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.The provisions of this Regulation regarding vitamins and minerals shall not apply to food supplements covered by Directive 2002/46/EC.
3.This Regulation shall apply without prejudice to specific provisions laid down in [F2other relevant enactments] concerning:
(a)foods for particular nutritional uses and, in the absence of specific provisions, compositional requirements of such products rendered necessary by the particular nutritional requirements of the persons for whom they are intended;
(b)novel foods and novel food ingredients;
(c)genetically modified food;
(d)food additives and flavourings;
(e)authorised oenological practices and processes.
Textual Amendments
F1Art. 1(1) omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 1(3) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Article 2U.K.Definitions
For the purposes of this Regulation:
[F3‘expert committee’ means a committee with appropriate expertise in the matter to be considered, approved by an appropriate authority to give advice for the purposes of this Regulation];
‘other substance’ means a substance other than a vitamin or a mineral that has a nutritional or physiological effect;
[F4‘appropriate authority’ means:
for regulations applying in relation to England and for the establishment and maintenance of a register in relation to England, the Secretary of State;
for regulations applying in relation to Scotland and for the establishment and maintenance of a register in relation to Scotland, the Scottish Ministers;
for regulations applying in relation to Wales and for the establishment and maintenance of a register in relation to Wales, the Welsh Ministers;
But the appropriate authority is the Secretary of State if consent is given by:
for regulations applying in relation to Scotland and for the establishment and maintenance of a register in relation to Scotland, the Scottish Ministers;
for regulations applying in relation to Wales and for the establishment and maintenance of a register in relation to Wales, the Welsh Ministers;
‘relevant authorities’ means the Secretary of State, the Scottish Ministers or the Welsh Ministers, the Department of Health.]
Textual Amendments
F3Art. 2(1) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Art. 2(3)-(5) inserted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(3)(b) (as amended by S.I. 2020/1476, regs. 1(2), 5(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
CHAPTER IIU.K.ADDITION OF VITAMINS AND MINERALS
Article 3U.K.Requirements for the addition of vitamins and minerals
1.Only vitamins and/or minerals listed in Annex I, in the forms listed in Annex II, may be added to foods, subject to the rules laid down in this Regulation.
2.Vitamins and minerals in a form that is bio-available to the human body may be added to foods, whether or not they are usually contained therein, in order to take into account, in particular:
(a)a deficiency of one or more vitamins and/or minerals in the population or specific population groups that can be demonstrated by clinical or sub-clinical evidence of deficiency or indicated by estimated low levels of intake of nutrients; or
(b)the potential to improve the nutritional status of the population or specific population groups and/or correct possible deficiencies in dietary intakes of vitamins or minerals due to changes in dietary habits; or
(c)evolving generally acceptable scientific knowledge on the role of vitamins and minerals in nutrition and consequent effects on health.
[F53.[F6The appropriate authority may by regulations, after taking into account the opinion of an expert committee, specify modifications to the lists referred to in paragraph 1 of this Article.]
F7...
Prior to making [F8regulations under this paragraph, the appropriate authority] shall carry out consultations with interested parties, in particular food business operators and consumer groups.]
Textual Amendments
F5Substituted by Regulation (EC) No 108/2008 of the European Parliament and of the Council of 15 January 2008 amending Regulation (EC) No 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods.
F6Words in Art. 3(3) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 3(3) omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 3(3) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
Article 4U.K.Restrictions on the addition of vitamins and minerals
Vitamins and minerals may not be added to:
unprocessed foodstuffs, including, but not limited to, fruit, vegetables, meat, poultry and fish;
beverages containing more than 1,2 % by volume of alcohol, except and by way of derogation from Article 3(2), to products:
and provided that no nutrition or health claim is made.
[F12The appropriate authority may by regulations determine the additional foods or categories of foods to which particular vitamins and minerals may not be added, in the light of scientific evidence and taking into account their nutritional value.]
Textual Amendments
F9Art. 4(b)(i) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F10Word in Art. 4(b)(ii) omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F11Art. 4(b)(iii) omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 4 substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(5)(d); 2020 c. 1, Sch. 5 para. 1(1)
Article 5U.K.Purity criteria
[F51.[F13The appropriate authority may by regulations determine] the purity criteria for vitamin formulations and mineral substances listed in Annex II F14..., except where they apply pursuant to paragraph 2 of this Article.]
2.Purity criteria for vitamin formulations and mineral substances listed in Annex II, specified by [F15other relevant enactments] for their use in the manufacture of foodstuffs for purposes other than those covered by this Regulation, shall apply.
3.For those vitamin formulations and mineral substances listed in Annex II for which purity criteria are not specified by [F16other relevant enactments], and until [F17the appropriate authority makes regulations under paragraph 1], generally acceptable purity criteria recommended by international bodies shall be applicable F18....
Textual Amendments
F5Substituted by Regulation (EC) No 108/2008 of the European Parliament and of the Council of 15 January 2008 amending Regulation (EC) No 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods.
F13Words in Art. 5(1) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 5(1) omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Art. 5(2) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 5(3) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(6)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F17Words in Art. 5(3) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(6)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in Art. 5(3) omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(6)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Article 6U.K.Conditions for the addition of vitamins and minerals
[F51. When a vitamin or a mineral is added to foods, the total amount of the vitamin or mineral present, for whatever purpose, in the food as sold shall not exceed maximum amounts. Measures setting that amount [F19may be adopted by regulations made by the appropriate authority]. For concentrated and dehydrated products, the maximum amounts set shall be those present in the foods when prepared for consumption according to the manufacturer's instructions.]
[F52.[F20The appropriate authority may by regulations specify] conditions restricting or prohibiting the addition of a specific vitamin or mineral to a food or a category of foods F21....]
3.The maximum amounts referred to in paragraph 1 and the conditions referred to in paragraph 2 shall be set taking into account:
(a)upper safe levels of vitamins and minerals established by scientific risk assessment based on generally acceptable scientific data, taking into account, as appropriate, the varying degrees of sensitivity of different groups of consumers; and
(b)intakes of vitamins and minerals from other dietary sources.
4.When the maximum amounts referred to in paragraph 1 and the conditions referred to in paragraph 2 are set, due account shall also be taken of reference intakes of vitamins and minerals for the population.
5.When the maximum amounts referred to in paragraph 1 and the conditions referred to in paragraph 2 are set for vitamins and minerals whose reference intakes for the population are close to the upper safe levels, the following shall also be taken into account, as necessary:
(a)the contribution of individual products to the overall diet of the population in general or of sub-groups of the population;
(b)the nutrient profile of the product established as provided for by Regulation (EC) No 1924/2006.
[F56. The addition of a vitamin or a mineral to a food shall result in the presence of that vitamin or mineral in the food in at least a significant amount where this is defined according to the [F22Annex XIII to Regulation (EU) No 1169/2011]. Measures determining the minimum amounts, including any lower amounts, by derogation from the significant amounts mentioned above, for specific foods or categories of foods [F23may be adopted by regulations made by the appropriate authority.]]
Textual Amendments
F5Substituted by Regulation (EC) No 108/2008 of the European Parliament and of the Council of 15 January 2008 amending Regulation (EC) No 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods.
F19Words in Art. 6(1) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F20Words in Art. 6(2) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(7)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F21Words in Art. 6(2) omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F22Words in Art. 6(6) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(7)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F23Words in Art. 6(6) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(7)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Article 7U.K.Labelling, presentation and advertising
[F51. The labelling, presentation and advertising of foods to which vitamins and minerals have been added shall not include any mention stating or implying that a balanced and varied diet cannot provide appropriate quantities of nutrients. Where appropriate, a derogation concerning a specific nutrient [F24may be adopted by regulations made by the appropriate authority.]]
2.The labelling, presentation and advertising of foods to which vitamins and minerals have been added shall not mislead or deceive the consumer as to the nutritional merit of a food that may result from the addition of these nutrients.
[F253. Nutrition labelling of products to which vitamins and minerals have been added and which are covered by this Regulation shall be compulsory. The information to be provided shall consist of that specified in Article 30(1) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (8) and of the total amounts present of the vitamins and minerals when added to the food.]
4.The labelling of products to which vitamins and minerals have been added may bear a statement indicating such addition under the conditions laid down in Regulation (EC) No 1924/2006.
5.This Article shall apply without prejudice to other provisions of food law applicable to specified categories of foods.
6.Rules for implementing this Article may be specified in [F26regulations made by the appropriate authority].
Textual Amendments
F5Substituted by Regulation (EC) No 108/2008 of the European Parliament and of the Council of 15 January 2008 amending Regulation (EC) No 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods.
F24Words in Art. 7(1) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
F25Substituted by Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (Text with EEA relevance).
F26Words in Art. 7(6) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(8)(b); 2020 c. 1, Sch. 5 para. 1(1)
CHAPTER IIIU.K.ADDITION OF CERTAIN OTHER SUBSTANCES
Article 8U.K.Substances prohibited, restricted or under F27... scrutiny
1.The procedure provided for in this Article shall be followed where a substance other than vitamins or minerals, or an ingredient containing a substance other than vitamins or minerals, is added to foods or used in the manufacture of foods under conditions that would result in the ingestion of amounts of this substance greatly exceeding those reasonably expected to be ingested under normal conditions of consumption of a balanced and varied diet and/or would otherwise represent a potential risk to consumers.
[F52.[F28Following an assessment of available evidence by an expert committee, the appropriate authority may make regulations], to include, if necessary, the substance or ingredient in Annex III. In particular:
(a) if a harmful effect on health has been identified, the substance and/or the ingredient containing the substance shall:
be placed in Annex III, Part A, and its addition to foods or its use in the manufacture of foods shall be prohibited; or
be placed in Annex III, Part B, and its addition to foods or its use in the manufacture of foods shall only be allowed under the conditions specified therein;
(b) if the possibility of harmful effects on health is identified but scientific uncertainty persists, the substance shall be placed in Annex III, Part C.
F29...]
3.[F30Enactments] applicable to specified foods may provide for restrictions or prohibitions on the use of certain substances in addition to those laid down in this Regulation.
[F314.Food business operators, or any other interested parties, may at any time submit to the appropriate authority a file containing the scientific data demonstrating the safety of a substance listed in Annex III, Part C, under the conditions of its use in a food or in a category of foods and explaining the purpose of that use. The appropriate authority shall submit the file to an expert committee for evaluation and shall inform the other relevant authorities of the submission and shall make the file available to them.]
[F32 5. Within four years from the date a substance has been listed in Annex III, Part C, the appropriate authority must consider, in consultation with the other relevant authorities and taking into account the opinion of the expert committee on any files submitted for evaluation as mentioned in paragraph 4 of this Article, whether to make regulations to generally allow the use of a substance listed in Annex III, Part C, or to list it in Annex III, Part A or B, as appropriate.]
[F336.The appropriate authority may by regulations amend Commission Implementing Regulation (EU) No 307/2012 in order to modify the implementing rules for the application of this Article.]
Textual Amendments
F5Substituted by Regulation (EC) No 108/2008 of the European Parliament and of the Council of 15 January 2008 amending Regulation (EC) No 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods.
F27Word in Art. 8 heading omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
F28Words in Art. 8(2) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F29Words in Art. 8(2) omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F30Word in Art. 8(3) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(9)(c); 2020 c. 1, Sch. 5 para. 1(1)
F31Art. 8(4) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(9)(d); 2020 c. 1, Sch. 5 para. 1(1)
F32Art. 8(5) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(9)(e); 2020 c. 1, Sch. 5 para. 1(1)
F33Art. 8(6) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(9)(f); 2020 c. 1, Sch. 5 para. 1(1)
CHAPTER IVU.K.GENERAL AND FINAL PROVISIONS
Article 9U.K.F34... Register
1.[F35The appropriate authority must establish and maintain a] Register on the addition of vitamins and minerals and of certain other substances to foods, hereinafter referred to as ‘the Register’.
2.The Register shall include the following:
(a)the vitamins and minerals which may be added to foods as listed in Annex I;
(b)the vitamin formulations and mineral substances which may be added to foods as listed in Annex II;
(c)the maximum and minimum amounts of vitamins and minerals which may be added to foods and any associated conditions set in accordance with Article 6;
[F36(d)information regarding enactments applicable in any part of Great Britain on:
(i)the mandatory addition of vitamins and minerals to specified foods or categories of foods; or
(ii)the prohibition or restriction on the use of certain other substances in the manufacture of specified foods;]
(e)any restrictions on the addition of vitamins and minerals as set out in Article 4;
F37(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)information about the substances referred to in Annex III and the reasons for their inclusion therein;
(h)information about the substances listed in Annex III, Part C, whose use is generally allowed as referred to in Article 8(5).
3.The Register shall be made available to the public.
Textual Amendments
F34Word in Art. 9 heading omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
F35Words in Art. 9(1) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(10)(b); 2020 c. 1, Sch. 5 para. 1(1)
F36Art. 9(2)(d) substituted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(10)(c) (as amended by S.I. 2020/1476, regs. 1(2), 5(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F37Art. 9(2)(f) omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(10)(d); 2020 c. 1, Sch. 5 para. 1(1)
[F38Article 9AU.K.Regulations: general
1.Regulations made under this Regulation may:
(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);
(b)make different provision for different purposes.
Textual Amendments
F38Arts. 9A-9D inserted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(11) (as amended by S.I. 2020/1476 regs. 1(2), 5(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Article 9BU.K.Regulations: Secretary of State
1.Any power of the Secretary of State to make regulations under this Regulation is exercisable by statutory instrument.
2.A statutory instrument made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
3.The Secretary of State may not make regulations under this Regulation which will apply in Scotland or Wales without the consent of:
(a)the Scottish Ministers, in respect of any proposed application in Scotland; and
(b)the Welsh Ministers, in respect of any proposed application in Wales.
Textual Amendments
F38Arts. 9A-9D inserted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(11) (as amended by S.I. 2020/1476 regs. 1(2), 5(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Article 9CU.K.Regulations: Scotland
1.For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.
2.Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Textual Amendments
F38Arts. 9A-9D inserted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(11) (as amended by S.I. 2020/1476 regs. 1(2), 5(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Article 9DU.K.Regulations: Wales
1.Any power of the Welsh Ministers to make regulations under this Regulation is exercisable by statutory instrument.
2.Regulations made by the Welsh Ministers under this Regulation are subject to annulment in pursuance of a resolution of the National Assembly for Wales.]
Textual Amendments
F38Arts. 9A-9D inserted (E.W.S.) (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(11) (as amended by S.I. 2020/1476 regs. 1(2), 5(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)
F39Article 10U.K.Free movement of goods
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Arts. 10-18 omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(12); 2020 c. 1, Sch. 5 para. 1(1)
F39Article 11U.K.National provisions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Arts. 10-18 omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(12); 2020 c. 1, Sch. 5 para. 1(1)
F39Article 12U.K.Notification procedure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Arts. 10-18 omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(12); 2020 c. 1, Sch. 5 para. 1(1)
F39Article 13U.K.Safeguard measures
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Arts. 10-18 omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(12); 2020 c. 1, Sch. 5 para. 1(1)
F39Article 14 U.K. Committee procedure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Arts. 10-18 omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(12); 2020 c. 1, Sch. 5 para. 1(1)
F39Article 15U.K.Monitoring
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Arts. 10-18 omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(12); 2020 c. 1, Sch. 5 para. 1(1)
F39Article 16U.K.Evaluation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Arts. 10-18 omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(12); 2020 c. 1, Sch. 5 para. 1(1)
F39Article 17U.K.Transitional measures
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Arts. 10-18 omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(12); 2020 c. 1, Sch. 5 para. 1(1)
F39Article 18U.K.Entry into force
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Arts. 10-18 omitted (E.W.S.) (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 18(12); 2020 c. 1, Sch. 5 para. 1(1)
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX IU.K.VITAMINS AND MINERALS WHICH MAY BE ADDED TO FOODS
1.VitaminsU.K.
Vitamin A
Vitamin D
Vitamin E
Vitamin K
Vitamin B1
Vitamin B2
Niacin
Pantothenic acid
Vitamin B6
Folic acid
Vitamin B12
Biotin
Vitamin C
2.MineralsU.K.
Calcium
Magnesium
Iron
Copper
Iodine
Zinc
Manganese
Sodium
Potassium
Selenium
Chromium
Molybdenum
Fluoride
Chloride
Phosphorus
[F40Boron]
Textual Amendments
F40 Inserted by Commission Regulation (EC) No 1170/2009 of 30 November 2009 amending Directive 2002/46/EC of the European Parliament and of Council and Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards the lists of vitamin and minerals and their forms that can be added to foods, including food supplements (Text with EEA relevance).
[F41ANNEX II U.K. Vitamin formulations and mineral substances which may be added to foods
Textual Amendments
F41 Substituted by Commission Regulation (EC) No 1170/2009 of 30 November 2009 amending Directive 2002/46/EC of the European Parliament and of Council and Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards the lists of vitamin and minerals and their forms that can be added to foods, including food supplements (Text with EEA relevance).
1. Vitamin formulations U.K.
VITAMIN A U.K.
retinol
retinyl acetate
retinyl palmitate
beta-carotene
VITAMIN D U.K.
cholecalciferol
ergocalciferol
VITAMIN E U.K.
D-alpha-tocopherol
DL-alpha-tocopherol
D-alpha-tocopheryl acetate
DL-alpha-tocopheryl acetate
D-alpha-tocopheryl acid succinate
VITAMIN K U.K.
phylloquinone (phytomenadione)
menaquinone (9)
VITAMIN B1 U.K.
thiamin hydrochloride
thiamin mononitrate
VITAMIN B2 U.K.
riboflavin
riboflavin 5′-phosphate, sodium
NIACIN U.K.
nicotinic acid
nicotinamide
PANTOTHENIC ACID U.K.
D-pantothenate, calcium
D-pantothenate, sodium
dexpanthenol
VITAMIN B6 U.K.
pyridoxine hydrochloride
pyridoxine 5′-phosphate
pyridoxine dipalmitate
FOLIC ACID U.K.
pteroylmonoglutamic acid
calcium-L-methylfolate
VITAMIN B12 U.K.
cyanocobalamin
hydroxocobalamin
BIOTIN U.K.
D-biotin
VITAMIN C U.K.
L-ascorbic acid
sodium-L-ascorbate
calcium-L-ascorbate
potassium-L-ascorbate
L-ascorbyl 6-palmitate
2. Mineral substances U.K.
calcium carbonate
calcium chloride
calcium citrate malate
calcium salts of citric acid
calcium gluconate
calcium glycerophosphate
calcium lactate
calcium salts of orthophosphoric acid
calcium hydroxide
calcium malate
calcium oxide
calcium sulphate
[F42calcium phosphoryl oligosaccharides]
Textual Amendments
F42 Inserted by Commission Regulation (EU) 2017/1203 of 5 July 2017 amending Directive 2002/46/EC of the European Parliament and of the Council and Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards organic silicon (monomethylsilanetriol) and calcium phosphoryl oligosaccharides (POs-Ca®) added to foods and used in the manufacture of food supplements (Text with EEA relevance).
magnesium acetate
magnesium carbonate
magnesium chloride
magnesium salts of citric acid
magnesium gluconate
magnesium glycerophosphate
magnesium salts of orthophosphoric acid
magnesium lactate
magnesium hydroxide
magnesium oxide
magnesium potassium citrate
magnesium sulphate
ferrous bisglycinate
ferrous carbonate
ferrous citrate
ferric ammonium citrate
ferrous gluconate
ferrous fumarate
ferric sodium diphosphate
ferrous lactate
ferrous sulphate
[F43ferrous ammonium phosphate
Textual Amendments
F43 Inserted by Commission Regulation (EU) No 1161/2011 of 14 November 2011 amending Directive 2002/46/EC of the European Parliament and of the Council, Regulation (EC) No 1925/2006 of the European Parliament and of the Council and Commission Regulation (EC) No 953/2009 as regards the lists of mineral substances that can be added to foods (Text with EEA relevance).
ferric sodium EDTA]
ferric diphosphate (ferric pyrophosphate)
ferric saccharate
elemental iron (carbonyl + electrolytic + hydrogen reduced)
cupric carbonate
cupric citrate
cupric gluconate
cupric sulphate
copper lysine complex
sodium iodide
sodium iodate
potassium iodide
potassium iodate
zinc acetate
zinc bisglycinate
zinc chloride
zinc citrate
zinc gluconate
zinc lactate
zinc oxide
zinc carbonate
zinc sulphate
manganese carbonate
manganese chloride
manganese citrate
manganese gluconate
manganese glycerophosphate
manganese sulphate
sodium bicarbonate
sodium carbonate
sodium citrate
sodium gluconate
sodium lactate
sodium hydroxide
sodium salts of orthophosphoric acid
selenium enriched yeast (10)
sodium selenate
sodium hydrogen selenite
sodium selenite
sodium fluoride
potassium fluoride
potassium bicarbonate
potassium carbonate
potassium chloride
potassium citrate
potassium gluconate
potassium glycerophosphate
potassium lactate
potassium hydroxide
potassium salts of orthophosphoric acid
chromium (III) chloride and its hexahydrate
chromium (III) sulphate and its hexahydrate
[F43chromium picolinate]
[F44chromium(III) lactate tri-hydrate]
Textual Amendments
F44 Inserted by Commission Regulation (EU) No 119/2014 of 7 February 2014 amending Directive 2002/46/EC of the European Parliament and of the Council and Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards chromium enriched yeast used for the manufacture of food supplements and chromium(III) lactate tri-hydrate added to foods (Text with EEA relevance).
ammonium molybdate (molybdenum (VI))
sodium molybdate (molybdenum (VI))
boric acid
sodium borate]
ANNEX IIIU.K.SUBSTANCES WHOSE USE IN FOODS IS PROHIBITED, RESTRICTED OR UNDER COMMUNITY SCRUTINY
Part A — Prohibited substances
[F45Ephedra herb and its preparations originating from Ephedra species]
Textual Amendments
[F46Yohimbe bark and its preparations originating from Yohimbe ( Pausinystalia yohimbe (K. Schum) Pierre ex Beille)]
Textual Amendments
[F47PART B U.K. Restricted substances
Restricted substance | Conditions of use | Additional requirements |
---|---|---|
Trans fat other than trans fat naturally occurring in fat of animal origin | Maximum 2 grams per 100 grams of fat in food intended for the final consumer and food intended for supply to retail | Food business operators supplying other food business operators with food not intended for the final consumer or not intended for supply to retail, shall ensure that supplied food business operators are provided with information on the amount of trans fat, other than trans fat naturally occurring in fat of animal origin, where that amount exceeds 2 grams per 100 grams of fat.] |
Textual Amendments
Part C — Substances under Community scrutiny
[ F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
Opinion of the European Parliament of 26 May 2005 (OJ C 117 E, 18.5.2006, p. 206), Council Common Position of 8 December 2005 (OJ C 80 E, 4.4.2006, p. 27) and Position of the European Parliament of 16 May 2006 (not yet published in the Official Journal). Council Decision of 12 October 2006.
OJ L 183, 12.7.2002, p. 51. Directive as amended by Commission Directive 2006/37/EC (OJ L 94, 1.4.2006, p. 32).
OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).
See page 9 of this Official Journal.
OJ L 276, 6.10.1990, p. 40. Directive as last amended by Commission Directive 2003/120/EC (OJ L 333, 20.12.2003, p. 51).
[F41Menaquinone occurring principally as menaquinone-7 and, to a minor extent, menaquinone-6.]
[F41Selenium-enriched yeasts produced by culture in the presence of sodium selenite as selenium source and containing, in the dried form as marketed, not more than 2,5 mg Se/g. The predominant organic selenium species present in the yeast is selenomethionine (between 60 and 85 % of the total extracted selenium in the product). The content of other organic selenium compounds including selenocysteine shall not exceed 10 % of total extracted selenium. Levels of inorganic selenium normally shall not exceed 1 % of total extracted selenium.]
Textual Amendments
F25Substituted by Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (Text with EEA relevance).
F41 Substituted by Commission Regulation (EC) No 1170/2009 of 30 November 2009 amending Directive 2002/46/EC of the European Parliament and of Council and Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards the lists of vitamin and minerals and their forms that can be added to foods, including food supplements (Text with EEA relevance).