FSA Consultation Letter, 1 August 2006

PARNUTS – Draft Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) (Amendment) Regulations 2006

The FSA are seeking views and comments on the draft Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) ( England ) (Amendment) (Regulations 2006), which implements Commission Directive 2006/34/EC in England . Responses are requested by 20 October 2006

Consultation details

The key proposals are:

• To update the definition of 'Directive 2001/15' (regulation 3)
• To change the heading 'FOLIC ACID' to 'FOLATE' in the Section concerning Category 1 (vitamins) (regulation 4)
• To amend the list of substances in the annex to Directive 2001/15/EC to:
  • add calcium-L-methylfolate to the list of substances under the vitamins category which may be added to all PNU foods (without any time limit) (regulation 4)
  • add ferrous bisglycinate to the list of substances under the minerals category which may be added to all PNU foods (without any time limit) (regulation 4)
  • add magnesium L-aspartate to the list of substances under the minerals category which may be added to foods for special medical purposes (without any time limit) (regulation 4)

These regulations implement a new Commission Directive amending Directive 2001/15/EC on substances that may be added for specific nutritional purposes in foods for particular nutritional uses (parnuts foods).

Directive 2001/15/EC includes an annex which contains ‘positive lists' of certain categories of substances (sources of vitamins; minerals; amino acids; carnitine & taurine; nucleotides; and choline & inositol) that may be added to parnuts foods for specific nutritional purposes.

Provisions regarding the addition of substances to infant formulae, follow-on formulae, processed cereal-based foods and baby foods for infants and young children are laid down in separate Directives which apply to those specific categories of parnuts foods.

Article 3 of 2001/15/EC requires that Member States prohibit trade in non-compliant products with effect from 1 April 2004 . Directive 2004/6/EC allows the continued use, beyond 1 April 2004, a group of substances which are not currently included in the positive list in 2001/15/EC whilst the Scientific Committee on Food (SCF), now known as EFSA, evaluated them for their intended purpose.

The purpose of this directive is to add to the positive list those substances which have now been evaluated by EFSA and have received a positive opinion.

Member States are required to have implemented these changes into UK law by 31 December 2006 . It is anticipated that these Regulations will come into force on 1 January 2007.

The following is available on this site

• Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2006 - Draft statutory instrument