# The Addition of Vitamins, Minerals and Other Substances (England) (Amendment) Regulations 2020 S.I. 2020/256 · made 10 March 2020 These Regulations, which apply in relation to England only, amend the Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007 (S.I. 2007/1631) (“the 2007 Regulations”). Made under: Food Safety Act 1990 (Section 16, Section 17, Section 26, Section 48); European Communities Act 1972 (repealed) (Schedule 2 paragraph 1A) PDFs: Printed copy https://openlegislation.uk/addition-of-vitamins-minerals-and-other-substances-england-amendment-regulations-2020/pdf/uksi_20200256_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/addition-of-vitamins-minerals-and-other-substances-england-amendment-regulations-2020/pdf/uksiem_20200256_en.pdf ## Introductory text Food, England Made at 10.50 a.m. on 10th March 2020 Laid before Parliament at 3.00 p.m. on 10th March 2020 Coming into force 3rd April 2020 The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(a) and (f), 17(2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990 and now vested in him, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972. The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food, and food and drink intended for sale for human consumption including the presentation, packaging, labelling, marketing and advertising of such food and drink. These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods to be construed as a reference to those provisions as amended from time to time. In accordance with section 48(4A) of the Food Safety Act 1990, the Secretary of State has had regard to relevant advice given by the Food Standards Agency. As required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety there has been open and transparent public consultation during the preparation and evaluation of these Regulations. ## 1 Citation and commencement These Regulations may be cited as the Addition of Vitamins, Minerals and Other Substances (England) (Amendment) Regulations 2020 and come into force on 3rd April 2020. ## 2 Amendment of the Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007 (1) The Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007 are amended as follows. (2) In regulation 2(1) (interpretation), in the definition of “the EC Regulation” for “I or II” substitute “I, II or III”. (3) In regulation 4(2) (offences and penalties)— (a) at the end of sub-paragraph (d) omit “and”; (b) after sub-paragraph (e) insert— “(f) Article 8(2)(a)(i) (prohibition of the addition of a substance listed in Annex III, Part A to foods or its use in the manufacture of foods); and (g) Article 8(2)(a)(ii) (prohibition of the addition of a substance listed in Annex III, Part B to foods or its use in the manufacture of foods unless that substance is added or used in accordance with the conditions specified in that Part).”. (4) After regulation 4 insert— “Transitional provision in relation to food containing substance listed in Annex III, Part B 4A. An offence is not committed under paragraph (1) of regulation 4 by virtue of paragraph (2)(g) of that regulation in respect of the addition of a substance to, or its use in the manufacture of, any food if— (a) the food is placed on the market before 1st April 2021; and (b) the substance concerned falls within the entry in Annex III, Part B relating to trans fat other than trans fat naturally occurring in fat of animal origin.”. ## Signature Signed by authority of the Secretary of State for Health and Social Care Jo Churchill Parliamentary Under Secretary of State, Department of Health and Social Care At 10.50 a.m on 10th March 2020 ## Explanatory note (This note is not part of the Regulations) These Regulations, which apply in relation to England only, amend the Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007 (S.I. 2007/1631) (“the 2007 Regulations”). Regulation 2(1) of the 2007 Regulations is amended so that the definition of “the EC Regulation” includes a reference to Annex III as it may be amended from time to time of Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (O.J. No. L 404, 30.12.2006, p. 26), as last amended by Commission Regulation (EU) 2019/650 of 24 April 2019 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards Yohimbe (Pausinystalia yohimbe (K. Schum) Pierre ex Beille) (O.J. No. L 110, 25.4.2019, p. 21). Regulation 4(2) of the 2007 Regulations is amended so that it is an offence to add a substance listed in Annex III, Part A to the EC Regulation to foods, or to use such a substance in the manufacture of foods. Regulation 4(2) of the 2007 Regulations is further amended so that it is an offence to add a substance listed in Annex III, Part B to the EC Regulation to foods, or to use such a substance in the manufacture of foods, unless that substance is added or used in accordance with the conditions specified in that Part. A new transitional provision (regulation 4A) is inserted into the 2007 Regulations to provide that no offence is committed in respect of any food that does not comply with the provisions of Annex III, Part B relating to trans fat other than trans fat naturally occurring in fat of animal origin and which is placed on the market before 1st April 2021. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. --- Source: https://www.legislation.gov.uk/uksi/2020/256 (the official version) Page: https://openlegislation.uk/addition-of-vitamins-minerals-and-other-substances-england-amendment-regulations-2020 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.