The Nutrition and Health Claims (Amendment) Regulations (Northern Ireland) 2010

Statutory Rules of Northern Ireland

2010 No. 259

Food

The Nutrition and Health Claims (Amendment) Regulations (Northern Ireland) 2010

Made

11th August 2010

Coming into operation

1st October 2010

The Department of Health, Social Services and Public Safety(1) 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 1991(2), as read with paragraph 1A of Schedule 2 to the European Communities Act 1972(3).

In accordance with Article 47(3A) of the Food Safety (Northern Ireland) Order 1991, it has had regard to relevant advice given by the Food Standards Agency.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department of Health, Social Services and Public Safety that it is expedient for references to the Annex to the EU instrument mentioned in regulation 3 to be construed as references to that Annex as it may be amended from time to time.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council 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(4) there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Nutrition and Health Claims (Amendment) Regulations (Northern Ireland) 2010 and come into operation on 1st October 2010.

(2) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment to the Nutrition and Health Claims Regulations (Northern Ireland) 2007

2.  The Nutrition and Health Claims Regulations (Northern Ireland) 2007(6) are amended in accordance with regulation 3.

3.  In regulation 2(1) (interpretation) for the definition of “the Regulation” substitute —

““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;” (7).

Sealed with the official seal of the Department of Health, Social Services and Public Safety on 11th August 2010.

Linda Devlin

A senior officer of the Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the definition of “the Regulation”, meaning Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods (OJ No. L12, 18.1.2007, p.3), contained in regulation 2 of the Nutrition and Health Claims Regulations (Northern Ireland) 2007 (S.R. 2007 No. 349). The effect of the amendment is that a reference to the Regulation in S.R. 2007 No. 349 now includes any future amendments to its Annex, which consists of the list of authorised nutrition claims and conditions relating to their use (regulation 3).

(1)

Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6)

(2)

S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R. 2004 Nos. 482 and 505

(3)

1972, c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51) and amended by Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (2008 c.7)

(4)

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No. L188, 18.7.2009, p.14)

(5)

1954 c.33 (N.I.)

(6)

S.R. 2007 No. 349

(7)

The full correct text of this Regulation is set out in a Corrigendum (OJ No. L12, 18.1.2007, p.3). The Regulation was last amended by Commission Regulation (EC) No. 116/2010 (OJ No. L37, 10.02.2010, p.16)