The Infant Formula and Follow–on Formula Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, come into force on 1st March 1995.

They implement Commission Directive 91/321/EEC (OJ No. L175, 4.7.91, p.35) on infant formulae (which are foods suitable as the sole source of nutrition for infants during the first four to six months of life and often form an important part of the diet throughout infancy) and follow-on formulae (which are foods given to older infants and young children as an alternative to milk or infant formulae). They also implement Council Directive 92/52/EEC (OJ No. L179, 1.7.92, p.129) on infant formulae and follow-on formulae intended for export to third countries.

The principal provisions of the Regulations—

(1) prohibit the sale of food labelled as infant formulae or follow-on formulae unless it complies with the requirements of the Regulations as to composition, labelling, appearance and packaging (regulations 2, 3 and 8 to 16);

(2) require infant formulae and follow-on formulae exported to countries not in the European Community to comply with similar compositional standards unless the importing country otherwise permits and require products to be labelled in an appropriate language and in a way which avoids confusion between infant formulae and follow-on formulae (regulations 5, 6 and 7);

(3) limit the advertising of infant formulae to specified types of publications and restrict the content of advertisements for infant formulae and follow-on formulae (regulations 17 and 18);

(4) prohibit special displays or promotions of infant formulae at retail outlets (regulation 19);

(5) prohibit the promotion of infant formulae to the general public, expectant mothers, and others by providing such formulae free or at reduced prices (regulation 20);

(6) lay down requirements as to the information to be contained in informational and educational materials dealing with the feeding of infants and intended to reach pregnant women and mothers of infants and young children, and regulate the cases in which a manufacturer or distributor of infant formulae may make gifts of informational or educational equipment or materials (regulation 21).

The standards for infant formula or follow-on formula established by the Codex Alimentarius are available for inspection at the Library of the Ministry of Agriculture, Fisheries and Food, Whitehall Place, London SW1A 2HH and at the Scottish Office, New St. Andrew’s House, St. James' Square, Edinburgh EH1 3TE.

A Compliance Cost Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies can be obtained from the Consumer Protection Division of the Ministry of Agriculture, Fisheries and Food, Ergon House, 17 Smith Square, London SW1P 3JR.