The Nutrition (Amendment) and Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment) Regulations 2021

Madeat 2.00 p.m. on 19th February 2021

Laid before Parliamentat 2.55 p.m. on 19th February 2021

Coming into force21st February 2021

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 16(1)(a) and (e) and (2)(b), 26(1) and (3) and 48(1) of the Food Safety Act 19901 and now vested in him2, and sections 8C(1)(c) and 23 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20183 (“the 2018 Act”).

The Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of the Food Safety Act 19904.

The urgency of this matter does not allow for open and transparent public consultation through representative bodies as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety5, during the preparation and evaluation of these Regulations.

Citation, commencement and application1

1

These Regulations may be cited as the Nutrition (Amendment) and Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment) Regulations 2021.

2

These Regulations come into force on 21st February 2021.

3

This regulation and regulation 3 apply to England and Wales and Scotland only.

4

Regulation 2 applies to England only.

Amendment of the Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment etc.) (England) Regulations 20202

1

The Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment etc.) (England) Regulations 20206 are amended as follows.

2

In regulation 1(2) (commencement), for “2021” substitute “2022”.

3

In regulation 5 (savings and transitional provisions)—

a

in paragraph (2)(a), for “2021” substitute “2022”;

b

in paragraph (3)(a)(ii), for “2021” substitute “2022”.

Amendment of the Nutrition (Amendment etc.) (EU Exit) Regulations 20203

1

The Nutrition (Amendment etc.) (EU Exit) Regulations 20207 are amended as follows.

2

In regulation 8(1)(a) (modification of Commission Delegated Regulation (EU) 2016/127), for “2021” substitute “2022”.

Signed by authority of the Secretary of State for Health and Social Care

Nadhim ZahawiParliamentary Under Secretary of StateDepartment of Health and Social CareAt 2.00 p.m. on 19th February 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment etc.) (England) Regulations 2020 (S.I. 2020/43) and the Nutrition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1476) in order to ensure that the amendments made by those Regulations apply to infant formula or follow-on formula made from protein hydrolysates from 22nd February 2022 instead of 22nd February 2021.

Section 8C(1)(c) of the European Union (Withdrawal) Act 2018 (c. 16) is relied upon to amend S.I. 2020/1476 as a consequence of the Protocol on Ireland / Northern Ireland in the EU withdrawal agreement.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.