FSA Consultation Letter, 5 October 2009
A copy of the consultation package is available on this site. See: Draft PARNUTS (Substances) Regulations
Responses are requested by: 2 November 2009
Consultation details
Who will this consultation be of most interest to?
Manufacturers of foods for particular nutritional use, enforcement authorities and lawyers.
What is the subject of this consultation?
Draft Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009, which will provide for the execution and enforcement provisions for Commission Regulation (EC) No. xx/20091 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses in England and will repeal the following Statutory Instruments:
What is the purpose of this consultation?
To seek comments on the draft Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009. Parallel regulations are also being produced in Scotland, Wales and Northern Ireland and consultations on these will be run concurrently.
This consultation was launched before publication of the Regulation in the Official Journal of the European Communities and is based on the agreed text communicated to the European Council. The Regulation number must be inserted into the SI before it comes into force.
Proposals
Option 2 is preferred, firstly because it increases the range of sources of vitamins and minerals and of other substances (notably amino acids) that may be added to foods for particular nutritional use; and secondly because EC regulations are binding in their entirety and are directly applicable in all member states. A failure to provide for the execution and enforcement of Commission Regulation (EC) No. xx/2009 could lead to possible infraction proceedings against the UK. In addition, this represents a simplification of current legislation because the provisions will be consolidated into one Statutory Instrument making it easier to read.
Consultation process
In order to achieve a coming-into-force date of 1st January 2010 we are consulting over a four week period instead of conducting a full 12-week public consultation. The Agency has previously consulted all interested parties throughout the duration of EU negotiations on the Commission Regulation and we have received comments broadly supporting the new regulation. On this basis, we consider that a shortened consultation at this stage is appropriate and allows us to update domestic legislation according to the timetable set by the Commission, which is of benefit to all stakeholders.
In addition, we do not expect the coming-into-force date to pose a problem to manufacturers of 'parnuts' foods because the date coincides with the expiration of the derogation.
All responses received as part of this consultation will be given careful consideration. These will be summarised and published on the Agency’s website in due course.
Questions asked in this consultation:
We welcome comments from all stakeholders. Please send your response by email or post using the contact details above.
Other relevant documents
Council Directive 2009/39/EC on foodstuffs intended for particular nutritional uses
Commission Regulation (EC) No. xx/2009 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses
Responses
Responses are required by close 2 November 2009. Please state, in your response, whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents).