Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Nutrition and Health Claims (England) Regulations 2007 (S.I. 2007/2080) (“the 2007 Regulations”).
The 2007 Regulations provide for the enforcement of certain provisions (“the specified provisions”) of Regulation (EC) No.1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods (“Regulation 1924/2006”) (which is assimilated direct legislation under the Retained EU Law (Revocation and Reform) Act 2023 (c. 28)) by making it an offence to contravene those provisions and by applying certain provisions of the Food Safety Act 1990 (c.16) (“the 1990 Act”), with modifications, to such nutrition and health claims. The specified provisions are set out in regulation 2(1) of the 2007 Regulations, having been moved from regulation 5 of the 2007 Regulations (see regulation 2(2) and (3)(b)).
These Regulations amend the 2007 Regulations to make changes to this enforcement regime. This includes the application (where appropriate, with modifications) of the following provisions of the 1990 Act—
section 10(1), to enable an improvement notice to be served, requiring compliance with the specified provisions;
section 10(2), to make a failure to comply with an improvement notice a criminal offence;
section 32, to give authorised officers of an enforcement authority powers to enter premises to ascertain whether there is any breach, or evidence of a breach, of the specified provisions;
section 33, to make it an offence to obstruct persons acting in execution of the 2007 Regulations, to fail to give such persons assistance or information or to give them false or misleading information;
section 35, to provide for punishment of such offences; and
section 37, to make provision in relation to appeals against improvement notices (specifically to provide for appeals against improvement notices to go to the First-tier Tribunal).
These Regulations also revoke regulation 7 of the 2007 Regulations (offence for obstruction of officers) to reflect the application instead, with modifications, of the corresponding offence in section 33 of the 1990 Act.
A full regulatory impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector or community bodies is foreseen.