FSA Letter (CPD/0040), 18 March 2009

PARNUTS - Draft amendment to Directive 2001/15/EC on substances that may be added for specific nutritional purposes in foods for particular nutritional uses and to Directive 2006/125/EC on processed cereal-based foods and baby foods for infants and young children

Further to the letter of 11th February 2009, this letter requests any further comments on the draft Commission Regulation which includes amendments to the Annex to Directive 2001/15/EC and to Annex IV to Directive 2006/125/EC (current draft attached) [For a copy of this draft, see: Draft Commission Regulation]. As it is likely that the proposal will be put to a vote at the end of April we will be unable to hold a 12 week consultation. This will be the only formal consultation before the proposal comes into force.

Discussion at the Standing Committee meeting on 20th February 2009 was limited and is unlikely to lead to any substantive changes to the proposal. The Commission is considering the most appropriate format for these amendments and a revised proposal will be issued as soon as possible. It is anticipated that the proposal will be put to a vote at the next Standing Committee meeting on 27th April 2009.

Based on current information we do not consider that the draft Regulation will result in any additional costs to consumers, businesses, enforcement authorities or Government apart from administrative costs to Government to amend UK law to take into account this new Regulation. We are not aware of any charities or voluntary organisations that would be affected by the legislation.

Overall, the legislation will benefit consumers of parnuts foods by increasing consumer choice and benefits industry by permitting the safe use of a wider choice of substances when manufacturing parnuts foods. We do not envisage any differential effect of the legislation on consumers because of gender, age, health or income. We do not envisage that the legislation would have differential effects on disabled people or those living in different regions or in rural communities. We consider that the proposal will have no impact on racial equality issues. Additionally, the environmental impact of the new Regulations is likely to be negligible.

Because the impact of the regulation will be minimal we have not produced an impact assessment. However, if as a result of this consultation we receive evidence that the Regulation will impose significant additional costs an impact assessment will be produced.