The Infant Formula and Follow-on Formula (Amendment) (England) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Infant Formula and Follow-on Formula Regulations 1995, as amended (“the 1995 Regulations”), in relation to England. The 1995 Regulations extend to Great Britain. These Regulations implement for England Commission Directive 2003/14/EC amending Directive 91/321/EEC on infant formulae and follow-on formulae. The Regulations come into force on 6th March 2005.

2.  In implementation of Directive 2003/14/EC the Regulations —

(a) prohibit the sale, or export to third countries, of infant formulae or follow-on formulae containing pesticide residues above certain levels. Different levels are set depending on the pesticide in question (regulations 4, 5, 7 and 10 and Schedule); and

(b) make some consequential amendments (regulations 3 and 6).

3.  In implementation of the final sentence of Article 6(2) of Directive 91/321/EEC as substituted by Commission Directive 1999/50/EC, provision is made as to analytical methods for determining levels of pesticide residues (regulation 7).

4.  The Regulations also —

(a) give port health authorities a role in enforcement (regulation 8); and

(b) make some technical changes to the provision applying various provisions of the Food Safety Act 1990 (regulation 9).

5.  A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the Library of each House of Parliament together with a Transposition Note setting out how the main elements of Directive 2003/14/EC are transposed in these Regulations. Copies may be obtained from the Food Labelling and Standards Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.