Foodlaw-Reading Dr David Jukes, The University of Reading, UK
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Food Law News - UK - 2020

DHSC Consultation Outcome, 24 September 2020

LABELLING / CLAIMS /NUTRITION - Consultation outcome: The Nutrition (Amendment etc) (EU Exit) Regulations 2020: consultation response

In July, the government issued a consultation on changes to some Regulations relating to nutrition matters. Details of the consultation can be found on this site - see: 9 July 2020 LABELLING / CLAIMS /NUTRITION - DHSC Consultation: Nutrition labelling, composition and standards (NLCS) legislation from 1 January 2021. Details are now available on the responses received and the government plans. Full details are given on a DHSC web page but this has been coverted into a pdf file for easy reference:

DHSC Consultation outcome: The Nutrition (Amendment etc) (EU Exit) Regulations 2020: consultation response This web page is provided as a pdf file on this site (click on image). Provided uder the Open Government Licence. The original web page was accessed from:

The following is the start of the web page:

In March 2019, and on behalf of the devolved administrations (DAs), the Department of Health and Social Care (DHSC) made the 2019 Regulations to resolve deficiencies that would otherwise occur in directly applicable EU legislation and EU derived domestic legislation, following the withdrawal of the UK from the EU. In summary the amendments and revocations were to:

• amend or omit EU/European Food Safety Authority (EFSA)/member state references
• retain relevant lists and registers
• transfer the scientific advisory function from EFSA to appropriate expert committees in the UK
• transfer relevant Commission powers under Regulation (EC) No 1924/2006, Regulation (EC) No 1925/2006 and Regulation (EU) No 609/2013 to the Secretary of State, Scottish Ministers, Welsh Ministers, and in Northern Ireland, the Department of Health
• to provide power to the Secretary of State to make regulations to cover whole or part of the UK, if consent is given by Scottish Ministers, Welsh Ministers, and in Northern Ireland (NI), the Department of Health, for regulations applying to these administrations

The consultation asked respondents to comment upon the proposals for the Nutrition (Amendment etc) (EU Exit) Regulations 2020. The proposals detailed how the 2020 SI would amend the 2019 Regulations in order to reflect the Northern Ireland Protocol (NIP) in law, revoke ‘The Nutrition (Amendment) (Northern Ireland) (EU Exit) Regulations 2019’, and account for changes in EU nutrition labelling, composition and standards (NLCS) legislation since March 2019, to ensure that the legislation that currently regulates the applicable areas of nutrition policy, would be operable and would continue to work effectively at the end of the TP.

This includes legislation that governs the following:

• nutrition and health claims made on foods
• the addition of vitamins, minerals, and certain other substances added to foods
• the composition and labelling of food intended for infants and young children including follow on formula; processed cereal-based and baby foods; foods for special medical purposes; and total diet replacement for weight control (Foods for Specific Groups)
• the composition and labelling of food supplements.

The following is the conclusion at the end of the page:

Conclusion

Based on the analysis of the responses to this consultation, we are content that the proposed approach to ensure that the UK retains a functioning body of nutrition law after the end of the TP was supported by those who responded.

Officials in UK government and across the devolved administrations are working together closely to prepare the necessary guidance, and a common framework, to ensure the systems currently in place for nutrition regulation will continue to operate smoothly at the end of the TP.

Additional information on how this will operate in practice will be made available through detailed guidance bulletins. It is our intention that this is communicated via GOV.UK ahead of the end of the TP, and DHSC is satisfied that this material will meet the concerns expressed in this consultation.