# The Food Supplements (England) (Amendment) Regulations 2007

S.I. 2007/330 · made 6 February 2007

Made under: Food Safety Act 1990 (Section 16, Section 17, Section 26, Section 48)

PDFs: Printed copy https://openlegislation.uk/food-supplements-england-amendment-regulations-2007/pdf/uksi_20070330_en.pdf; Explanatory Memorandum https://openlegislation.uk/food-supplements-england-amendment-regulations-2007/pdf/uksiem_20070330_en.pdf

## Introductory text

Food, england
Made 6th February 2007
Laid before Parliament 15th February 2007
Coming into force 6th April 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(a) and (e), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990 and now vested in her.
She has had regard to relevant advice given by the Food Standards Agency as required by section 48(4A) of that Act.
There has been open and transparent public consultation during the preparation of the Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council 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.

## 1 Title and commencement

These Regulations may be cited as the Food Supplements (England) (Amendment) Regulations 2007; they come into force on 6th April 2007.

## 2 Amendment of the Food Supplements (England) Regulations 2003

The Food Supplements (England) Regulations 2003 are amended in accordance with regulations 3 to 5.

## 3 Amendment of the Food Supplements (England) Regulations 2003

In regulation 2(1) (interpretation), in the definition of “Directive 2002/46” insert at the end “, as amended by Commission Directive 2006/37/EC amending Annex II to Directive 2002/46/EC of the European Parliament and of the Council as regards the inclusion of certain substances”.

## 4 Amendment of the Food Supplements (England) Regulations 2003

In Schedule 1 (vitamins and minerals which may be used in the manufacture of food supplements), in Section 1 (vitamins), for “Folic acid” substitute “Folate”.

## 5 Amendment of the Food Supplements (England) Regulations 2003

In Schedule 2 (form of vitamin and mineral substances which may be used in the manufacture of food supplements)—
(a) in section A (vitamins), at item 10 for the heading “FOLIC ACID” substitute “FOLATE”, and under that (revised) heading insert at the end “(b) calcium-L-methylfolate”;
(b) in section B (minerals) before “Cupric carbonate” insert “Ferrous bisglycinate”.

## Signature

Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
Date 6 February 2007

## Explanatory note

(This note is not part of the Regulations)
1 These Regulations amend the Food Supplements (England) Regulations 2003 which implement in England Directive 2002/46/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to food supplements (OJ No. L183, 12.7.2002, p.51). These Regulations implement in England Commission Directive 2006/37/EC (OJ No. L94, 1.4.2006, p.32) amending Annex II to Directive 2002/46/EC as regards the inclusion of certain substances.
2 The 2003 Regulations prohibit the sale of a food supplement in the manufacture of which a vitamin or mineral has been used unless that vitamin or mineral is listed in Schedule 1 to those Regulations and is in a form listed in Schedule 2 (the positive lists), subject to a transitional provision (regulation 5 and Schedules to those Regulations).
3 These Regulations—
(a) add another form of the vitamin folate and another form of the mineral iron to the positive list in Schedule 2 to the 2003 Regulations (regulation 5) and make a consequential amendment (regulation 4);
(b) update the definition of “Directive 2002/46/EC” in the 2003 Regulations (regulation 3).
4 A full regulatory impact assessment of the effect that these Regulations will have on the costs of business has been prepared and placed in the Library of each House of Parliament together with a Transposition Note setting out how the main elements of Directive 2006/37/EC are transposed in these Regulations. Copies may be obtained from Novel Foods, Additives and Supplements Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.

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Source: https://www.legislation.gov.uk/uksi/2007/330 (the official version)
Page: https://openlegislation.uk/food-supplements-england-amendment-regulations-2007
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

