3.—(1) This Part applies to —
(a)oils, fats and mixtures of the two which are intended as such for human consumption;
(b)compound foodstuffs described directly or by implication as specially prepared for infants and young children, to which oils, fats or mixtures of the two have been added; and
(c)compound foodstuffs other than those described directly or by implication as specially prepared for infants and young children, to which oils, fats or mixtures of the two have been added and the overall fat content of which exceeds 5%.
(2) In paragraph (1) the expressions “infants” and “young children” have the meanings given to them in Article 2 of Commission Directive 2006/141/EC on infant formulae and follow-on formulae and amending Directive 1999/21/EC(1).
4.—(1) No person may place on the market, for consumption by the final consumer, a product to which this Part applies in which the level of erucic acid exceeds 5%, calculated on the total level of fatty acids in the fat component.
(2) The level of erucic acid in a food is to be determined according to the methods of screening and analysis prescribed in Article 2 of and the Annex to Directive 80/891.
(3) Any person who contravenes paragraph (1) is guilty of an offence.
(4) In paragraph (1) “final consumer” means the ultimate consumer of a foodstuff who will not use the food as part of any food business operation or activity.
OJ No. L401, 30.12.2006, p. 1, last amended by Commission Directive 2013/26/EU (OJ No. L158, 10.6.2013, p.376).