FSA Consultation Letter, 22 September 2006
We seek your views and comments on The Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007. Responses are requested by: 22 December 2006
Consultation details
The proposals:
Article 9 of Council Directive 89/398/EEC, as amended by Directive 1999/41/EC, was implemented by the Notification of Marketing of Food for Particular Nutritional Uses ( England and Wales) Regulations 2002 SI 333. Parallel legislation was implemented in Scotland and Northern Ireland. These Regulations prohibited the sale of products by manufacturers/importers covered by Article 9, unless they had been notified. To notify a new product manufacturers/importers provide the competent authority with a model of the label used for the product. In England, the Food Standards Agency is the competent authority.
Article 11 of Directive 89/398/EEC sets out the grounds on which a competent authority is permitted to restrict trade in the product within its own territory. It also sets out the procedure to be followed.
The current Notification of Marketing of Food for Particular Nutritional Uses ( England and Wales) Regulations 2002, do not implement Article 11 of the Directive. The new Regulations are being implemented, to ensure that the Agency has the power to take action to restrict the sale of foods for particular nutritional uses, which are not clearly distinguishable from foods for normal consumption, which are not suitable for their claimed particular nutritional use, or which endanger human health. Implementing the new Regulations will enable the Food Standard Agency to protect the consumer against fraud.
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