OpenLegislation

Food Supplements Regulations (Northern Ireland) 2003

S.R. 2003/273 · Made 20 May 2003 · Extends to Northern Ireland

Not fully up to date. 53 changes made by later legislation have not yet been written into this text, which is revised to 20 May 2003.

See the changes not yet applied
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reg. 10revokedOfficial Feed and Food Controls 2005 reg. 46 Sch. 6
Sch. 2 Section A Item 10 headingwords substitutedFood Supplements 2007 reg. 5(a)
Sch. 1 Section 1words substitutedFood Supplements 2007 reg. 4
reg. 2(1)words insertedFood Supplements 2007 reg. 3
Sch. 2 Section Bwords insertedFood Supplements 2007 reg. 5(b)
Sch. 2 Section A Item 10 headingwords insertedFood Supplements 2007 reg. 5(a)
reg. 5(1)words omittedFood Supplements and the Addition of Vitamins, Minerals and Other Substances 2009 reg. 2(5)(a)
reg. 5(1)(b)(i)words substitutedFood Supplements and the Addition of Vitamins, Minerals and Other Substances 2009 reg. 2(5)(c)
reg. 5(3)omittedFood Supplements and the Addition of Vitamins, Minerals and Other Substances 2009 reg. 2(5)(d)
reg. 6(3)(b)substitutedFood Supplements and the Addition of Vitamins, Minerals and Other Substances 2009 reg. 2(6)(a)
reg. 6(3)(e)substitutedFood Supplements and the Addition of Vitamins, Minerals and Other Substances 2009 reg. 2(6)(b)
reg. 12insertedFood Supplements and the Addition of Vitamins, Minerals and Other Substances 2009 reg. 2(7)
Sch. 1omittedFood Supplements and the Addition of Vitamins, Minerals and Other Substances 2009 reg. 2(8)
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reg. 2(4)insertedFood Supplements and the Addition of Vitamins, Minerals and Other Substances 2009 reg. 2(3)
reg. 3(2)substitutedFood Supplements and the Addition of Vitamins, Minerals and Other Substances 2009 reg. 2(4)
reg. 5(1)(a)words substitutedFood Supplements and the Addition of Vitamins, Minerals and Other Substances 2009 reg. 2(5)(b)
reg. 2(1)words insertedFood Information 2014 Sch. 7 Pt. 2 para. 6(2)(b)
reg. 2(1)words omittedFood Information 2014 Sch. 7 Pt. 2 para. 6(2)(a)
reg. 6(3)(e)words substitutedFood Information 2014 Sch. 7 Pt. 2 para. 6(3)(b)
reg. 7(1)words substitutedFood Information 2014 Sch. 7 Pt. 2 para. 6(4)
reg. 6(2)words substitutedFood Information 2014 Sch. 7 Pt. 2 para. 6(3)(a)
reg. 2(1)words insertedFood (Miscellaneous Amendments and Revocations) 2019 reg. 10(c)
reg. 2(1)words substitutedFood (Miscellaneous Amendments and Revocations) 2019 reg. 10(b)
reg. 2(1)words substitutedFood (Miscellaneous Amendments and Revocations) 2019 reg. 10(a)
Blanket amendmentwords substitutedTreaty of Lisbon (Changes in Terminology) 2011 art. 3-6 8-10
Regulationsapplied (with modifications)Windsor Framework (Enforcement etc.) 2023 reg. 9 Sch.

FOOD

Made 20th May 2003

Coming into operation 1st August 2005

The Department of Health, Social Services and Public Safetyf1 in exercise of the powers conferred on it by Articles 15(1)(a) and (e), 16(1), 25(1)(a) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991f2 and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Councilf3 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 and in accordance with Article 47(3) and (3B) of the said Order, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

Formerly the Department of Health and Social Services; see S.I..1999/283 (N.I. 1), Article 3

f2

S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28

f3

O.J. No. L31, 1.2.2002, p. 1

Contents

  1. 1Citation and commencement Not yet in force
  2. 2Interpretation Not yet in force
  3. 3Scope of Regulations Not yet in force
  4. 4Restriction on form in which food supplements are sold to the ultimate consumer Not yet in force
  5. 5Prohibitions on sale relating to composition of food supplements Not yet in force
  6. 6Restrictions on sale relating to labelling etc. of food supplements Not yet in force
  7. 7Manner of marking or labelling Not yet in force
  8. 8Enforcement Not yet in force
  9. 9Offences and penalties Not yet in force
  10. 10Defence in relation to exports Not yet in force
  11. 11Application of various provisions of the Order Not yet in force
  12. Signature
  13. Schedule 1VITAMINS AND MINERALS WHICH MAY BE USED IN THE MANUFACTURE OF FOOD SUPPLEMENTS Not yet in force
  14. Schedule 2FORM OF VITAMIN AND MINERAL SUBSTANCES WHICH MAY BE USED IN THE MANUFACTURE OF FOOD SUPPLEMENTS Not yet in force
  15. 1A. Vitamins Not yet in force
  16. 2A. Vitamins Not yet in force
  17. 3A. Vitamins Not yet in force
  18. 4A. Vitamins Not yet in force
  19. 5A. Vitamins Not yet in force
  20. 6A. Vitamins Not yet in force
  21. 7A. Vitamins Not yet in force
  22. 8A. Vitamins Not yet in force
  23. 9A. Vitamins Not yet in force
  24. 10A. Vitamins Not yet in force
  25. 11A. Vitamins Not yet in force
  26. 12A. Vitamins Not yet in force
  27. 13A. Vitamins Not yet in force
  28. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Food Supplements Regulations (Northern Ireland) 2003 and shall come into operation on 1st August 2005.

2InterpretationI1

(1)

In these Regulations –

  • “catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;

  • “Directive 2002/46” means Directive 2002/46/EC of the European Parliament and of the Councilf1 on the approximation of the laws of the Member States relating to food supplements;

  • “dose form” means a form such as capsules, pastilles, tablets, pills, and other similar forms, sachets of powder, ampoules of liquids, drop dispensing bottles, and other similar forms of liquids or powders designed to be taken in measured small unit quantities;

  • “food supplement” means any food the purpose of which is to supplement the normal diet and which –

    1. (a)

      is a concentrated source of a vitamin or mineral or other substance with a nutritional or physiological effect, alone or in combination; and

    2. (b)

      is sold in dose form;

  • “the Order” means the Food Safety (Northern Ireland) Order 1991;

  • “preparation” includes manufacture and any form of processing or treatment;

  • “sell” includes possess for sale and offer, expose or advertise for sale;

  • “ultimate consumer” means any person who purchases otherwise than –

    1. (a)

      for the purpose of resale,

    2. (b)

      for the purposes of a catering establishment, or

    3. (c)

      for the purposes of a manufacturing business.

(2)

A food supplement shall be regarded as prepacked for the purposes of these Regulations if –

(a)

it is ready for sale to the ultimate consumer or to a catering establishment, and

(b)

it is put into packaging before being offered for sale in such a way that the food supplement cannot be altered without opening or changing the packaging.

(3)

Other expressions used both in these Regulations and in Directive 2002/46 have the same meaning in these Regulations as they have in that Directive.

3Scope of RegulationsI1

(1)

These Regulations apply to food supplements sold as food and presented as such.

(2)

These Regulations do not apply to medicinal products as defined by Directive 2001/83/EC of the European Parliament and of the Councilf1 on the Community code relating to medicinal products for human use.

4Restriction on form in which food supplements are sold to the ultimate consumerI1

No person shall sell any food supplement to the ultimate consumer unless it is prepacked.

5Prohibitions on sale relating to composition of food supplementsI1

(1)

Subject to paragraph (3), no person shall sell a food supplement in the manufacture of which a vitamin or mineral has been used unless that vitamin or mineral –

(a)

is listed in column 1 of Schedule 1; and

(b)

is in a form which –

(i)

is listed in Schedule 2, and

(ii)

meets the relevant purity criteria.

(2)

The relevant purity criteria for the purposes of paragraph (1)(b)(ii) are –

(a)

the purity criteria, if any, specified by Community legislation for the use of the substance in question in the manufacture of food for purposes other than those covered by Directive 2002/46; or

(b)

in the absence of such purity criteria, generally acceptable purity criteria for the substance in question recommended by international bodies.

(3)

In the case of a vitamin or mineral which is not listed in column 1 of Schedule 1 or is not in a form listed in Schedule 2, the prohibitions in paragraph (1) shall not apply until 1st January 2010 if –

(a)

the substance in question was used in the manufacture of a food supplement which was on sale in the European Community on 12th July 2002;

(b)

a dossier supporting use of the substance in question was submitted to the Commission by the Food Standards Agency or a member State other than the United Kingdom by 12th July 2005; and

(c)

the European Food Safety Authority has not given an unfavourable opinion in respect of the use of that substance, or its use in that form in the manufacture of food supplements.

6Restrictions on sale relating to labelling etc. of food supplementsI1

(1)

No person shall sell a food supplement which is ready for delivery to the ultimate consumer or to a catering establishment unless the name under which it is sold is “food supplement”.

(2)

Without prejudice to the Food Labelling Regulations (Northern Ireland) 1996f1, no person shall sell a food supplement which is ready for delivery to the ultimate consumer or to a catering establishment unless it is marked or labelled with the following particulars –

(a)

the name of the category of any vitamin or mineral or other substance with a nutritional or physiological effect which characterises the product or an indication of the nature of that vitamin or mineral or other substance;

(b)

the portion of the product recommended for daily consumption;

(c)

a warning not to exceed the stated recommended daily dose;

(d)

a statement to the effect that food supplements should not be used as a substitute for a varied diet;

(e)

a statement to the effect that the product should be stored out of the reach of young children; and

(f)

the amount of any vitamin or mineral or other substance with a nutritional or physiological effect which is present in the product.

(3)

The information required by paragraph (2)(f) shall –

(a)

be given in numerical form;

(b)

in the case of a vitamin or mineral listed in column 1 of Schedule 1, be given using the relevant unit specified in column 2 of that Schedule;

(c)

be the amount per portion of the product as recommended for daily consumption on the labelling of the product;

(d)

be an average amount based on the manufacturer’s analysis of the product; and

(e)

in the case of a vitamin or mineral listed in the Annex to Council Directive 90/496/EECf2 on nutrition labelling for foodstuffs, be expressed also as a percentage (which may also be given in graphical form) of the relevant recommended daily allowance specified in that Annex.

(4)

No person shall sell any food supplement which is ready for delivery to the ultimate consumer or to a catering establishment if the labelling, presentation or advertising of that food supplement includes any mention, express or implied, that a balanced and varied diet cannot provide appropriate quantities of nutrients in general.

7Manner of marking or labellingI1

(1)

No person shall sell any food supplement which –

(a)

is ready for delivery to the ultimate consumer, or

(b)

is ready for delivery to a catering establishment and is prepacked,

unless the particulars with which it is required to be marked or labelled by virtue of regulation 6(2) appear –

(i)

on the packaging;

(ii)

on a label attached to the packaging; or

(iii)

on a label which is clearly visible through the packaging,

save that where the sale is otherwise than to the ultimate consumer such particulars may, alternatively, appear only on the commercial documents relating to the food supplement where it can be guaranteed that such documents, containing all such particulars, either accompany the food supplement to which they relate or were sent before, or at the same time as, delivery of the food supplement, and provided always that the particulars required by regulation 5(a), (c) and (e) of the Food Labelling Regulations (Northern Ireland) 1996 are also marked or labelled on the outermost packaging in which that food supplement is sold.

(2)

No person shall sell any food supplement which is ready for delivery to a catering establishment and is not prepacked unless the particulars with which it is required to be marked or labelled by virtue of regulation 6(2) appear –

(a)

on a label attached to the food supplement;

(b)

on a ticket or notice which is readily discernible by the intending purchaser at the place where he chooses the food supplement; or

(c)

in commercial documents relating to the food supplement where it can be guaranteed that such documents either accompany the food supplement to which they relate or were sent before, or at the same time as, delivery of the food supplement.

(3)

No person shall sell any food supplement which is ready for delivery to the ultimate consumer or to a catering establishment unless the particulars with which it is required to be marked or labelled by virtue of regulation 6(2) are easy to understand, clearly legible and indelible and, when a food is sold to the ultimate consumer, those particulars are marked in a conspicuous place in such a way as to be easily visible.

(4)

No person shall sell any food supplement which is ready for delivery to the ultimate consumer or to a catering establishment if the particulars with which it is required to be marked or labelled by virtue of regulation 6(2) are in any way hidden, obscured or interrupted by any other written or pictorial matter.

8EnforcementI1

Each district council shall enforce and execute these Regulations within its district.

9Offences and penaltiesI1

If any person contravenes regulation 4, 5, 6 or 7 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

10Defence in relation to exportsI1

In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove –

(a)

that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the food complies with that legislation; and

(b)

in the case of export to a member State, that the legislation complies with the provisions of Directive 2002/46.

11Application of various provisions of the OrderI1

The following provisions of the Order shall apply for the purposes of these Regulations and any reference in those provisions to the Order shall be construed for the purposes of these regulations as a reference to these Regulations –

(a)

Articles 2(4) and 3 (extended meaning of sale etc.);

(b)

Article 4 (presumptions that food intended for human consumption);

(c)

Article 19 (offences due to fault of another person);

(d)

Article 20 (defence of due diligence) as it applies for the purposes of Article 7, 13 or 14 of the Order;

(e)

Article 21 (defence of publication in the course of a business);

(f)

Article 30(8) (which relates to documentary evidence);

(g)

Article 34 (obstruction, etc., of officers);

(h)

Article 36 (punishment of offences) in so far as it relates to offences under Article 34(1) and (2) as applied by paragraph (g).

Signature

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 20th May 2003.

L.S.

Jim F. Livingstone

A Senior Officer of the

Department of Health, Social Services and Public Safety

Schedule 1VITAMINS AND MINERALS WHICH MAY BE USED IN THE MANUFACTURE OF FOOD SUPPLEMENTSI1

Column 1Column 2
Vitamins and mineralsUnit
1. Vitamins
Vitamin Aμg RE
Vitamin Dμg
Vitamin Emg α–TE
Vitamin Kμg
Vitamin B1mg
Vitamin B2mg
Niacinmg NE
Pantothenic acidmg
Vitamin B6mg
Folic acidμg
Vitamin B12μg
Biotinμg
Vitamin Cmg
2. Minerals
Calciummg
Magnesiummg
Ironmg
Copperμg
Iodineμg
Zincmg
Manganesemg
Sodiummg
Potassiummg
Seleniumμg
Chromiumμg
Molybdenumμg
Fluoridemg
Chloridemg
Phosphorusmg

Schedule 2FORM OF VITAMIN AND MINERAL SUBSTANCES WHICH MAY BE USED IN THE MANUFACTURE OF FOOD SUPPLEMENTS

  • Calcium carbonate

  • Calcium chloride

  • Calcium salts of citric acid

  • Calcium gluconate

  • Calcium glycerophosphate

  • Calcium lactate

  • Calcium salts of orthophosphoric acid

  • Calcium hydroxide

  • Calcium oxide

  • Magnesium acetate

  • Magnesium carbonate

  • Magnesium chloride

  • Magnesium salts of citric acid

  • Magnesium gluconate

  • Magnesium glycerophosphate

  • Magnesium salts of orthophosphoric acid

  • Magnesium lactate

  • Magnesium hydroxide

  • Magnesium oxide

  • Magnesium sulphate

  • Ferrous carbonate

  • Ferrous citrate

  • Ferric ammonium citrate

  • Ferrous gluconate

  • Ferrous fumarate

  • Ferric sodium diphosphate

  • Ferrous lactate

  • Ferrous sulphate

  • Ferric diphosphate (ferric pyrophosphate)

  • Ferric saccharate

  • Elemental iron (carbonyl+electrolytic+hydrogen reduced)

  • Cupric carbonate

  • Cupric citrate

  • Cupric gluconate

  • Cupric sulphate

  • Copper lysine complex

  • Sodium iodide

  • Sodium iodate

  • Potassium iodide

  • Potassium iodate

  • Zinc acetate

  • Zinc chloride

  • Zinc citrate

  • Zinc gluconate

  • Zinc lactate

  • Zinc oxide

  • Zinc carbonate

  • Zinc sulphate

  • Manganese carbonate

  • Manganese chloride

  • Manganese citrate

  • Manganese gluconate

  • Manganese glycerophosphate

  • Manganese sulphate

  • Sodium bicarbonate

  • Sodium carbonate

  • Sodium chloride

  • Sodium citrate

  • Sodium gluconate

  • Sodium lactate

  • Sodium hydroxide

  • Sodium salts of orthophosphoric acid

  • Potassium bicarbonate

  • Potassium carbonate

  • Potassium chloride

  • Potassium citrate

  • Potassium gluconate

  • Potassium glycerophosphate

  • Potassium lactate

  • Potassium hydroxide

  • Potassium salts of orthophosphoric acid

  • Sodium selenate

  • Sodium hydrogen selenite

  • Sodium selenite

  • Chromium (III) chloride

  • Chromium (III) sulphate

  • Ammonium molybdate (molybdenum (VI))

  • Sodium molybdate (molybdenum (VI))

  • Potassium fluoride

  • Sodium fluoride

1A. VitaminsI1

VITAMIN A

(a)

retinol

(b)

retinyl acetate

(c)

retinyl palmitate

(d)

beta–carotene

2A. VitaminsI1

VITAMIN D

(a)

cholecalciferol

(b)

ergocalciferol

3A. VitaminsI1

VITAMIN E

(a)

D–alpha–tocopherol

(b)

DL–alpha–tocopherol

(c)

D–alpha–tocopheryl acetate

(d)

DL–alpha–tocopheryl acetate

(e)

D–alpha–tocopheryl acid succinate

4A. VitaminsI1

VITAMIN K

(a)

phylloquinone (phytomenadione)

5A. VitaminsI1

VITAMIN B1

(a)

thiamin hydrochloride

(b)

thiamin mononitrate

6A. VitaminsI1

VITAMIN B2

(a)

riboflavin

(b)

riboflavin 5−–phosphate, sodium

7A. VitaminsI1

NIACIN

(a)

nicotinic acid

(b)

nicotinamide

8A. VitaminsI1

PANTOTHENIC ACID

(a)

D–pantothenate, calcium

(b)

D–pantothenate, sodium

(c)

dexpanthenol

9A. VitaminsI1

VITAMIN B6

(a)

pyridoxine hydrochloride

(b)

pyridoxine 5−–phosphate

10A. VitaminsI1

FOLIC ACID

(a)

pteroylmonoglutamic acid

11A. VitaminsI1

VITAMIN B12

(a)

cyanocobalamin

(b)

hydroxocobalamin

12A. VitaminsI1

BIOTIN

(a)

D–biotin

13A. VitaminsI1

VITAMIN C

(a)

L–ascorbic acid

(b)

sodium–L–ascorbate

(c)

calcium–L–ascorbate

(d)

potassium–L–ascorbate

(e)

L–ascorbyl 6–palmitate

Explanatory note

(This note is not part of the Regulations.)

These Regulations implement 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.

The Regulations concern the sale (as defined in regulation 2(1)) of food supplements which are sold as food and presented as such (regulation 3). A food supplement is defined as a food sold in dose form whose purpose is to supplement the normal diet and which is a concentrated source of a vitamin or mineral or other substance with a nutritional or physiological effect, alone or in combination (regulation 2(1)).

With effect from 1st August 2005 the Regulations –

(a)

prohibit the sale of a food supplement to the ultimate consumer unless it is prepacked (regulations 4 and 2(2)),

(b)

prohibit the sale of a food supplement in the manufacture of which a vitamin or mineral has been used, unless certain compositional requirements are met, subject to a transitional provision (regulation 5 and the Schedules),

(c)

prohibit the sale of a food supplement which is ready for delivery to the ultimate consumer or a catering establishment unless certain requirements as to labelling, presentation and advertising of the product are met (regulations 6 and 7).

For the purposes of the transitional provision in regulation 5(3), dossiers may be submitted by interested parties to the Food Standards Agency for onward transmission to the European Commission. Dossiers may be submitted to any of the Agency’s offices, which are situated at –

  • Aviation House, 125 Kingsway, London WC2B 6NH;

  • 10C Clarendon Road, Belfast BT1 3BG;

  • St Magnus House, 6th Floor, 25 Guild Street, Aberdeen AB11 6NJ;

  • 1st Floor, Southgate House, Wood Street, Cardiff CF10 1EW.

Article 6(2) of the Directive (labelling, presentation and advertising must not attribute to food supplements the property of preventing, treating or curing a human disease, or refer to such properties) is already implemented in the Food Labelling Regulations (Northern Ireland) 1996 (regulation 40(1) and Schedule 6, Part I, paragraph 2).

The Regulations make provision as to responsibility for enforcement (regulation 8); create offences and penalties (regulation 9), and apply certain provisions of the Food Safety (Northern Ireland) Order 1991 (regulation 11). The Regulations provide a defence in relation to exports, in accordance with Articles 2 and 3 of Council Directive 89/397/EEC (O.J. No. L186, 30.6.89, p. 23) on the official control of foodstuffs (regulation 10).