FSA Consultation Letter (CPD/040, CPD/046), 16 July 2007

PARNUTS – Draft Food for Particular Nutritional Uses (Miscellaneous Amendments) (England) Regulations 2007

For a copy of the draft Regulations, see Draft PARNUTS Regulations

This letter seeks your views and comments on the draft regulation 3 and 6 of the Food for Particular Nutritional Uses (Miscellaneous Amendments) (England) Regulations 2007.

The key proposals are:

• Provide for the execution and enforcement of Commission Regulation 1609/2006, which allows partially hydrolysed infant formula based on hydrolysates of whey protein from cows' milk to be placed on the UK market, provided that the protein content is between 1.86g/100kcal and 3g/100kcal and the protein is sourced and processed as provided in the Annex of Commission Regulation 1609/2006. These Regulations will amend the Infant Formula and Follow-on Formula Regulations 1995 (as amended) (regulation 2),
• Implement Commission Directive 2007/29/EC to bring the use of hunger and satiety claims prohibited by The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 in relation to slimming foods into line with the provisions on the use of such claims in relation to foods for general consumption (regulation 3),
• Implement Commission Directive 2006/82/EC, by updating the definition of the Directive referred to in the Medical Food (England) Regulations 2000 to reflect the accession of Bulgaria and Romania to the European Union in 2007 (regulation 4),
• Implement Commission Directive 2006/125/EC, by updating the definition of “the Directive” in the Processed Cereal-based foods and Baby Foods for Infants and Young Children (England) Regulations 2003 so that it refers to the Directive 2006/125/EC instead of Directive 96/5/EC as amended (regulation 5),
• Implement Commission Directive 2007/26/EC to extend the period of derogation provided for in The Foods for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) ( England ) Regulations 2002 until 1st January 2010 (regulation 6).

Responses are required by 13 August 2007.

Detail of Consultation

The Agency has already consulted on the regulations 2, 4 and 5 of these draft Regulations (http://www.food.gov.uk/consultations/consulteng/2007/parnutsencconsult07). Should you wish to provide further evidence and estimated costs in relation to these Regulations please provide them in your response to this consultation. This consultation focuses on regulations 3 and 6 and includes a PRIA for each of these regulations.

Regulation 3: This proposed regulation amends The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 to bring the use of hunger and satiety claims in relation to slimming foods into line with the provisions on the use of such claims in relation to foods for general consumption.

Regulation 6: This proposed regulation amends the Foods for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) ( England ) Regulations 2002 to extend the period of derogation provided for until 1st January 2010.