Regulation 5 Revocations, savings and transitional provisionsI1

England and Wales

(1)

The instruments specified in column 1 of the table in Schedule 3 are revoked to the extent specified in column 3 of that table, subject to paragraph (2).

(2)

The instruments specified in column 1 of the table in Schedule 3 continue to have effect (so far as otherwise revoked to the extent specified in column 3 of that table)—

(a)

until 21 February 2021 in respect of infant formula and follow-on formula manufactured from protein hydrolysates;

(b)

for the purposes of paragraph (3)(b).

(3)

Infant formula and follow-on formula which does not comply with a specified EU law requirement may continue to be marketed until stocks of such food are exhausted, provided that—

(a)

it was placed on the market or labelled—

(i)

before 22 February 2020; or

(ii)

before 22 February 2021 in the case of infant formula and follow-on formula manufactured from protein hydrolysates; and

(b)

the conditions specified in the following provision of the Infant Formula and Follow-on Formula (Wales) Regulations 2007 M1 are met—

(i)

regulation 3(1) (prohibition on the marketing of infant formula unless certain conditions are met) in the case of infant formula;

(ii)

regulation 3(2) (prohibition on the marketing of follow-on formula unless certain conditions are met) in the case of follow-on formula.

F1(4)

Regulations 2 to 4 do not apply in respect of infant formula and follow-on formula manufactured from protein hydrolysates until 22 February 2022.

(5)

Schedule 4 makes provision in relation to infant formula and follow-on formula manufactured from protein hydrolysates until 22 February 2022.

Annotations

Textual amendments

F1: Reg. 5(4)(5) inserted (16.9.2021) by The Infant Formula and Follow-on Formula (Wales) (Amendment) Regulations 2021 (S.I. 2021/955), regs. 1(2), 2(2)

Marginal citations

M1: S.I. 2007/3573 (W. 316). The relevant amending instrument is S.I. 2008/2602 (W. 228).

Commencement

I1: Reg. 5 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)