{
  "url": "https://openlegislation.uk/infant-formula-and-follow-on-formula-amendment-wales-regulations-2008/note",
  "json_url": "https://openlegislation.uk/infant-formula-and-follow-on-formula-amendment-wales-regulations-2008/note.json",
  "legislation": "wsi/2008/2602",
  "legislation_title": "The Infant Formula and Follow-on Formula (Amendment) (Wales) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/infant-formula-and-follow-on-formula-amendment-wales-regulations-2008",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\n1 These Regulations, which apply in relation to Wales, make the legislative provisions described in paragraph 2 which are considered necessary to give effect to the judgment in the High Court of Justice in the case called R v. the Secretary of State for Health and the Welsh Ministers on the application of the Infant and Dietetics Food Association Limited (action number CO/230/2008). Judgment was delivered on 29 February 2008. Following that judgment, the High Court granted a declaration that the Infant Formula and Follow-on Formula (Wales) Regulations 2007 (S.I. 2007/3573 (W.316) fail to comply with Commission Directive 2006/141/EC on infant formulae and follow-on formulae and amending Directive 1999/21/EC (OJ No. L401, 30.12.2006, p.1) to the extent that they prohibit as from 11 January 2008 (instead of as from 31 December 2009) trade in infant formula and follow-on formula whose labelling satisfies the labelling requirements of the Infant Formula and Follow-on Formula Regulations 1995 (S.I. 1995/77) but does not satisfy the labelling requirements of the Infant Formula and Follow-on Formula (Wales) Regulations 2007.\n2 These Regulations amend the Infant Formula and Follow-on Formula (Wales) Regulations 2007 to—\n(a) revise the list of regulations that have to be complied with if a person is to market infant formula or follow-on formula (regulation 2(2));\n(b) provide that the presentation of infant formula and follow-on formula must comply with the provisions of specified regulations (regulation 2(3));\n(c) revise the list of regulations that have to be complied with if a person is to export infant formula to third countries (regulation 2(4));\n(d) revise the list of regulations that have to be complied with if a person is to export follow-on formula to third countries (regulation 2(5)); and\n(e) create transitional arrangements that apply to the enforcement of—\n(i) the labelling requirements for infant formula and follow-on formula, and\n(ii) the requirements that apply in relation to the shape, appearance and packaging of infant formula and follow-on formula (regulation 2(6)).\n3 These Regulations also provide transitional arrangements with regard to the Medical Food (Wales) Regulations 2000 (S.I. 2000/1866 (W.125)).\n4 A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2008/2602/note",
    "retrieved_at": "2026-10-28T23:57:30.451523+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}