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The Nutrition and Health Claims (Amendment) Regulations (Northern Ireland) 2010

S.R. 2010/259 · Made 11 August 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Food

Made 11th August 2010

Coming into operation 1st October 2010

The Department of Health, Social Services and Public Safetyf1 makes the following Regulations in exercise of the powers conferred by Articles 15(1)(e) and (f), 16(2), 25(1)(a) and (3) and 47(2) of the Food Safety (Northern Ireland) Order 1991f2, as read with paragraph 1A of Schedule 2 to the European Communities Act 1972f3.

In accordance with Article 47(3A) of the Food Safety (Northern Ireland) Order 1991, it has had regard to relevant advice given by the Food Standards Agency.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department of Health, Social Services and Public Safety that it is expedient for references to the Annex to the EU instrument mentioned in regulation 3 to be construed as references to that Annex as it may be amended from time to time.

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 safetyf4 there has been open and transparent public consultation during the preparation and evaluation of these 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(6)

f2

S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R. 2004 Nos. 482 and 505

f3

1972, c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51) and amended by Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (2008 c.7)

f4

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No. L188, 18.7.2009, p.14)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment to the Nutrition and Health Claims Regulations (Northern Ireland) 2007
  3. 3Amendment to the Nutrition and Health Claims Regulations (Northern Ireland) 2007
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Nutrition and Health Claims (Amendment) Regulations (Northern Ireland) 2010 and come into operation on 1st October 2010.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment to the Nutrition and Health Claims Regulations (Northern Ireland) 2007

The Nutrition and Health Claims Regulations (Northern Ireland) 2007f1 are amended in accordance with regulation 3.

3Amendment to the Nutrition and Health Claims Regulations (Northern Ireland) 2007

In regulation 2(1) (interpretation) for the definition of “the Regulation” substitute —

  • ““the Regulation” means Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods, as the Annex to that Regulation may be amended from time to time;” f1.

Signature

Sealed with the official seal of the Department of Health, Social Services and Public Safety on 11th August 2010.

L.S.

Linda Devlin

A senior officer of the Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the definition of “the Regulation”, meaning Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods (OJ No. L12, 18.1.2007, p.3), contained in regulation 2 of the Nutrition and Health Claims Regulations (Northern Ireland) 2007 (S.R. 2007 No. 349). The effect of the amendment is that a reference to the Regulation in S.R. 2007 No. 349 now includes any future amendments to its Annex, which consists of the list of authorised nutrition claims and conditions relating to their use (regulation 3).