PART 3E+WAMENDMENT OF SUBORDINATE LEGISLATION

Amendment of the Food Supplements (England) Regulations 2003E+W

12.—(1) The Food Supplements (England) Regulations 2003 M1 are amended as follows.

(2) In regulation 2 M2 (interpretation) omit—

(a)the definitions of “Directive 2001/83” and “Directive 2002/46”;

(b)paragraphs (3) and (4).

(3) In regulation 3 (scope of regulations) in paragraph (2), for “as defined by Directive 2001/83” substitute “ as defined by regulation 2(1) of the Human Medicines Regulations 2012 M3.

(4) In regulation 5 M4 (prohibitions on sale relating to composition of food supplements)—

(a)in paragraph (1)—

(i)in sub-paragraph (a) for “Annex I to Directive 2002/46” substitute “ Schedule 1 to the Nutrition (Amendment) (EU Exit) Regulations 2019 ”;

(ii)in sub-paragraph (b)(i) for “Annex II to Directive 2002/46” substitute “ Schedule 2 to the Nutrition (Amendment) (EU Exit) Regulations 2019 ”;

(b)in paragraph (2) for sub-paragraph (a) substitute—

(a)the purity criteria, if any, specified in EU-derived domestic legislation, retained direct EU legislation or in regulations made by the Secretary of State under regulation 3 of the Nutrition (Amendment) (EU Exit) Regulations 2019; or.

(5) In regulation 6 M5 (restrictions on sale relating to labelling etc of food supplements) in paragraph (3)(b) for “Annex I to Directive 2002/46” substitute “ Schedule 1 to the Nutrition (Amendment) (EU Exit) Regulations 2019 ”.

Commencement Information

I1Reg. 12 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

M1S.I. 2003/1387 relevant amending instruments are S.I. 2005/2626, 2009/3251 and 2014/1855.

M2Relevant amendments to regulation 2 were made by S.I. 2009/3251.

M4Relevant amendments to regulation 5 were made by S.I. 2009/3251.

M5Regulation 6 was amended by S.I. 2009/3251 and 2014/1855.