2020 No. 256
The Addition of Vitamins, Minerals and Other Substances (England) (Amendment) Regulations 2020
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(a) and (f), 17(2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 19901 and now vested in him2, as read with paragraph 1A of Schedule 2 to, the European Communities Act 19723.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food4, and food and drink intended for sale for human consumption including the presentation, packaging, labelling, marketing and advertising of such food and drink5.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods6 to be construed as a reference to those provisions as amended from time to time.
In accordance with section 48(4A) of the Food Safety Act 1990, the Secretary of State has had regard to relevant advice given by the Food Standards Agency7.
As required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety8 there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
Citation and commencement1
These Regulations may be cited as the Addition of Vitamins, Minerals and Other Substances (England) (Amendment) Regulations 2020 and come into force on 3rd April 2020.
Amendment of the Addition of Vitamins, Minerals and Other Substances (England) Regulations 20072
1
The Addition of Vitamins, Minerals and Other Substances (England) Regulations 20079 are amended as follows.
2
In regulation 2(1) (interpretation), in the definition of “the EC Regulation” for “I or II” substitute “I, II or III”.
3
In regulation 4(2) (offences and penalties)—
a
at the end of sub-paragraph (d) omit “and”;
b
after sub-paragraph (e) insert—
f
Article 8(2)(a)(i) (prohibition of the addition of a substance listed in Annex III, Part A to foods or its use in the manufacture of foods); and
g
Article 8(2)(a)(ii) (prohibition of the addition of a substance listed in Annex III, Part B to foods or its use in the manufacture of foods unless that substance is added or used in accordance with the conditions specified in that Part).
4
After regulation 4 insert—
Transitional provision in relation to food containing substance listed in Annex III, Part B4A
An offence is not committed under paragraph (1) of regulation 4 by virtue of paragraph (2)(g) of that regulation in respect of the addition of a substance to, or its use in the manufacture of, any food if—
a
the food is placed on the market before 1st April 2021; and
b
the substance concerned falls within the entry in Annex III, Part B relating to trans fat other than trans fat naturally occurring in fat of animal origin.
Signed by authority of the Secretary of State for Health and Social Care
(This note is not part of the Regulations)