2.—(1) The following Schedules take effect—
(a)Schedule 1: Vitamins and minerals which may be used in the manufacture of food supplements;
(b)Schedule 2: Vitamin and mineral substances which may be used in the manufacture of food supplements.
(2) Regulations may be made to amend Schedule 1 or 2.
Commencement Information
I1Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
3. Regulations may be made to set purity criteria for any vitamin and mineral substance listed in Schedule 2.
Commencement Information
I2Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
4.—(1) Regulations may be made to set the maximum amounts of vitamins and minerals that may be present in food supplements per daily portion of consumption as recommended by the manufacturer, taking into account—
(a)the upper safe levels of vitamins and minerals established by scientific risk assessment based on generally accepted scientific data, taking into account, as appropriate, the varying degrees of sensitivity of different consumer groups;
(b)the intake of vitamins and minerals from other dietary sources.
(2) Regulations may be made to set minimum amounts of vitamins and minerals required to be present in food supplements per daily portion of consumption as recommended by the manufacturer.
(3) When setting the maximum amounts referred to in paragraph (1), the appropriate authority must take into account reference intakes of vitamins and minerals for the population.
Commencement Information
I3Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
5.—(1) Any power to make regulations under this Part is exercisable by the appropriate authority.
(2) But the power to make regulations under this Part may be exercised by the Secretary of State for the whole or part of [F1Great Britain] if consent is given by—
(a)for regulations applying in relation to Scotland, the Scottish Ministers;
(b)for regulations applying in relation to Wales, the Welsh Ministers;
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Regulations made under this Part may—
(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);
(b)make different provision for different purposes.
(4) In this Part—
“appropriate authority” means:
for regulations applying in relation to England, the Secretary of State;
for regulations applying in relation to Scotland, the Scottish Ministers;
for regulations applying in relation to Wales, the Welsh Ministers;
F3...
“enactment” includes any enactment of the types specified in the definition of “enactment” in section 20(1) of the European Union (Withdrawal) Act 2018.
Textual Amendments
F1Words in reg. 5(2) substituted (31.12.2020 immediately before IP completion day) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1476), regs. 1(2), 3(2)(a)(i)
F2Reg. 5(2)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1476), regs. 1(2), 3(2)(a)(ii)
F3Reg. 5(4)(d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1476), regs. 1(2), 3(2)(b)
Commencement Information
I4Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
6.—(1) Any power of the Secretary of State to make regulations under this Part is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made under regulation 2 (food supplements) is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) A statutory instrument containing regulations made under regulation 3 (purity criteria for substances listed in Schedule 2) or 4 (amounts of vitamins and minerals) may not be made unless a draft of the instrument has been laid before, and approved by, a resolution of, each House of Parliament.
Commencement Information
I5Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
7.—(1) For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1.
(2) Regulations made by the Scottish Ministers under regulation 2 (food supplements) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
(3) Regulations made by the Scottish Ministers under regulation 3 (purity criteria for substances listed in Schedule 2) or 4 (amounts of vitamins and minerals) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Commencement Information
I6Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
8.—(1) Any power of the Welsh Ministers to make regulations under this Part is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made under regulation 2 (food supplements) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(3) A statutory instrument containing regulations made under regulation 3 (purity criteria for substances listed in Schedule 2) or 4 (amounts of vitamins and minerals) may not be made unless a draft of the instrument has been laid before, and approved by, a resolution of, the National Assembly for Wales.
Commencement Information
I7Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Prospective
F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Reg. 9 omitted (31.12.2020 immediately before IP completion day) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1476), regs. 1(2), 3(3)