2007 No. 349
The Nutrition and Health Claims Regulations (Northern Ireland) 2007
Made
Coming into operation
The Department of Health, Social Services and Public Safety1 makes the following Regulations in exercise of the powers conferred by Articles 15(1) (e) and (f), 16(2), 25(1)(a) and (3) and 47(2) of the Food Safety (Northern Ireland) Order 19912.
In accordance with Article 47(3A) of the said Order, it has had regard to relevant advice given by the Food Standards Agency.
There has been open and transparent public consultation during the preparation of the Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council3 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.
Citation and commencementI11
These Regulations may be cited as the Nutrition and Health Claims Regulations (Northern Ireland) 2007 and come into operation on 1st October 2007.
InterpretationI32
1
In these Regulations —
“the Order” means the Food Safety (Northern Ireland) Order 1991;
F1“the Regulation” means Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods, as the Annex to that Regulation may be amended from time to time;
2
Expressions used in these Regulations and in the Regulation have the same meaning in these Regulations as they do in that Regulation.
3
Any reference to a numbered Article is a reference to the Article so numbered in the Regulation.
Competent AuthoritiesI43
The competent authority for the purposes of the Regulation —
a
in relation to Articles 1(4), 15(2), 16(2), 18(2) is the Food Standards Agency, and
b
in relation to Article 6(3) is each district council in its district.
EnforcementI54
Each district council shall execute and enforce the provisions of these Regulations and of the Regulation within its district.
Offences and PenaltiesI65
1
Subject to the derogation contained in Article 1(3) (relating to trade marks etc) and to the transitional measures contained in Article 28, any person who contravenes or fails to comply with the provisions of the Regulation specified in paragraph (2) is guilty of an offence and liable —
a
on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;
b
on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum or both.
2
The specified provisions are —
a
Article 3 (general requirements relating to all claims);
b
Article 4(3) (restrictions on claims that may be made on alcoholic beverages);
c
Article 6(2) (requirement for claims to be justified);
d
Article 7 (requirements for nutrition information);
e
Article 8(1) (requirements for nutrition claims);
f
Article 9 (requirements for comparative claims);
g
Article 10(1), (2) and (3) (requirements for health claims);
h
Article 12 (prohibition of certain health claims);
i
Article 14(2) (requirements for reduction of disease risk claims).
Application of various provisions of the OrderI26
The following provisions of the Order shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Order or Part of it is to be construed as a reference to these Regulations —
a
Article 2(4) (extended meaning of “sale” etc);
b
Article 4 (presumption that food is intended for human consumption);
c
Article 19 (offences due to the fault of another person);
d
Article 20 (defence of due diligence) as it applies for the purposes of Article 13 or 14;
e
Article 21 (defence of publication in the course of business);
f
Article 30(8) (which relates to documentary evidence);
g
Article 35 (time limit for prosecution).
Obstruction of officers and provision of information etcI77
1
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations; or
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him,
is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.
2
Any person who, in purported compliance with any requirement mentioned in paragraph (1)(b), knowingly or recklessly provides information that is false or misleading in any material particular, is guilty of an offence and liable —
a
on conviction on indictment, to a term of imprisonment not exceeding two years or to a fine or both;
b
on summary conviction to a term of imprisonment or to a fine not exceeding the statutory maximum or both.
3
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Amendment to the Food Labelling RegulationsI88
1
The Food Labelling Regulations (Northern Ireland) 19965 are amended in accordance with. paragraph 2.
2
After regulation 41(4) insert—
5
Nothing in regulation 40 or in Schedule 6 or 8 shall operate to prohibit or, as the case may be, restrict a claim made in accordance with the conditions of Regulation (EC) 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods6.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 27th July 2007.
(This note is not part of the Regulations)