FSA Letter, 20 June 2007
Implementation of European Commission Directives to amend 2004/6/EC and 96/8/EC on foods for particular nutritional uses (parnuts foods)
The Commission published in the Official Journal the Directives 2007/26/EC and 2007/29/EC following adoption by Member States at the 19 March SCoFCAH meeting. The Agency will issue a 4 week consultation in July on the draft UK Regulations to implement these Directives into UK legislation.
- Commission Directive 2007/26/EC, amending Directive 2004/6/EC to extend its period of application published on 7th May. This Directive extends, until 31st December 2009, the derogation of substances detailed in Directive 2004/6/EC. The derogation permits the use of certain substances in foods for particular nutritional uses. The European Commission has requested that Member States apply these provisions retrospectively from 1st January 2007. The Agency has advised enforcement authorities to take this into account when considering enforcement action in relation to parnuts foods until such time the UK legislation is updated.
- Commission Directive 2007/29/EC amending Directive 96/8/EC as regards labelling, advertising or presenting foods intended for use in energy-restricted diets for weight reduction published on 31st May. The Directive brings the use of hunger and satiety claims in relation to these parnuts foods into line with the provisions on the use of such claims for general consumption. The European Commission requires Member States to apply these provisions from 1st July 2007. The Agency has advised enforcement authorities to take this advice into account when considering enforcement action in relation to slimming foods until such time the UK legislation is updated.
Implementation of Commission Directive 2006/141/EC via new UK Regulations on infant formula and follow-on formula
The Agency intends to formally consult on the new draft Infant Formula and Follow-on Formula (England) Regulations later this month. The new Regulations will revoke and replace, in England , the existing Infant Formula and Follow on Formula Regulations 1995.
FSA Offices in the devolved administrations intend to take forward consultations on parallel Regulations which will implement the Directive in Scotland , Wales and Northern Ireland .
Claims on parnuts foods and the new Nutrition and Health Claims Regulations
Regulation1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods was re-published in its corrected form on 18 January 2007 (OJ No. L12, 18.1.2007, p.3) and will apply from 1 July 2007. This is the first piece of specific legislation to deal with nutrition and health claims and aims to provide a higher level of consumer protection as well as harmonise legislation across the EU to facilitate intra-Community trade. A copy of this Regulation can be found at the following website address: http://eur-lex.europa.eu/LexUriServ/site/en/oj/2007/l_012/l_01220070118en00030018.pdf.
This Regulation applies to parnuts foods without prejudice to the specific claims provisions that are laid down in parnuts legislation. All parnuts foods must continue to comply with the specific claims provisions of applicable parnuts legislation. In addition, where there is a claim on a parnuts food that is not covered by the parnuts legislation, the provisions of the new Nutrition and Health Claims Regulation will apply.