FSA Local Authority Letter (ENF/E/06/076), 30 November 2006
The Agency is currently consulting on new Regulations (The Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007) relating to the notification of Foods for Particular Nutritional Uses (parnuts foods) (http://www.food.gov.uk/Consultations/consulteng/2006/parnutsregs2007eng). The proposed new Regulations will allow the Agency to restrict trade in parnuts foods which
These provisions implement, for the first time, Article 11 of Council Directive 89/398/EEC on the approximation of laws of Member States relating to foodstuffs intended for particular nutritional uses.
The new Regulations will also continue the current arrangements which require companies to notify the Foods Standards Agency when parnuts foods are placed on the market for the first time. The current arrangements for the notification of parnuts foods and foods for special medical purposes are outlined in the Annex to this letter.
Local Authorities are requested to remind relevant businesses of their obligations to notify the Agency upon first marketing of parnuts foods or foods for special medical purposes.
The Notification of Marketing of Foods for Particular Nutritional Uses
Currently, notification is required by The Notification of Marketing of Food for Particular Nutritional Uses ( England and Wales ) Regulations 2002 (Statutory Instrument 2002 No. 333). These Regulations implement, in England and Wales , the requirements of Article 9 of Directive 89/398/EEC (as amended) on foods for particular nutritional uses. Equivalent legislation is in place in Scotland and Northern Ireland .
Manufacturers/importers must notify, and provide additional information on request, to the Food Standards Agency on first marketing of certain parnuts foods. Examples of parnuts foods that would require notification include some specialist gluten-free foods. Notification, by forwarding a model of the product label, is the responsibility of the manufacturer/importer. The Agency has developed a notification form and associated guidance notes for this requirement. Both of these can be accessed from the Agency website at:
The groups of parnuts foods that are exempt from this requirement are infant formulae and follow-on formulae; processed cereal-based foods and baby foods for infants and young children; foods intended for energy-restricted diets for weight reduction; foods intended to meet the expenditure of intense muscular effort and foods for diabetics.
Please note these notification requirements will continue to apply when the new Regulations come into force.
The Notification of Foods for Special Medical Purposes
Manufacturers/importers should also be aware that Foods for Special Medical Purposes must also be notified to the Agency. This is a requirement of The Medical Food ( England ) Regulations 2000 (Statutory Instrument 2000 No. 845) which implements Commission Directive 1999/21/EC on dietary foods for special medical purposes. Similar legislation applies in Scotland , Wales and Northern Ireland . The notification form and guidance notes can be accessed from the Agency website at: