
1 

(1) These Regulations may be cited as the Food Supplements and Food for Specific Groups (Miscellaneous Amendments) (No. 2) Regulations 2023.
(2) Subject to paragraphs (3) and (4), these Regulations come into force on 10th February 2023.
(3) This regulation and regulation 2 come into force at 11.59 p.m. on 9th February 2023.
(4) The following come into force on 10th August 2024—
(a) regulation 3(4);
(b) regulation 4(4);
(c) regulation 5(4);
(d) regulation 6(4).
(5) Any amendment made by these Regulations has the same extent as the provision amended.
2 

(1) The Food Supplements and Food for Specific Groups (Miscellaneous Amendments) Regulations 2023 are amended as follows.
(2) For regulation 1(2), substitute—“
(2) Subject to paragraph (2A), these Regulations come into force on 10th February 2023.”.
(3) After regulation 1(2), insert—“
(2A) Regulation 6(2)(a) comes into force on 10th August 2024.”.
3 

(1) Regulation 12 (transitional provision) of the Food Supplements (England) Regulations 2003 is amended as follows.
(2) The existing paragraph is re-numbered as (1).
(3) After the re-numbered paragraph (1), insert—“
(2) In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of, or a failure to comply with, regulation 6(3)(b), it shall be a defence to prove that—
(a) zinc was used in the manufacture of the food supplement and the food supplement was marked or labelled before 10th February 2023; and
(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations as they had effect immediately before 10th February 2023.”.
(4) After paragraph (2), insert—“
(3) In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of, or a failure to comply with, regulation 6(3)(b), it shall be a defence to prove that—
(a) copper was used in the manufacture of the food supplement and the food supplement was marked or labelled before 10th August 2024; and
(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations as they had effect immediately before 10th August 2024.”.
4 

(1) Regulation 12 (transitional provision) of the Food Supplements (Scotland) Regulations 2003 is amended as follows.
(2) The existing paragraph is re-numbered as paragraph (1).
(3) After the re-numbered paragraph (1), insert—“
(2) In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of, or a failure to comply with, regulation 6(3)(b), it shall be a defence to prove that—
(a) zinc was used in the manufacture of the food supplement and the food supplement was marked or labelled before 10th February 2023; and
(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations as they had effect immediately before 10th February 2023.”.
(4) After paragraph (2), insert—“
(3) In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of, or a failure to comply with, regulation 6(3)(b), it shall be a defence to prove that—
(a) copper was used in the manufacture of the food supplement and the food supplement was marked or labelled before 10th August 2024; and
(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations as they had effect immediately before 10th August 2024.”.
5 

(1) Regulation 12 (transitional provision) of the English language text of the Food Supplements (Wales) Regulations 2003 is amended as follows.
(2) The existing paragraph is re-numbered as paragraph (1).
(3) After the re-numbered paragraph (1), insert—“
(2) In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of, or a failure to comply with, regulation 6(3)(b), it shall be a defence to prove that—
(a) zinc was used in the manufacture of the food supplement and the food supplement was marked or labelled before 10th February 2023; and
(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations as they had effect immediately before 10th February 2023.”.
(4) After paragraph (2), insert—“
(3) In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of, or a failure to comply with, regulation 6(3)(b), it shall be a defence to prove that—
(a) copper was used in the manufacture of the food supplement and the food supplement was marked or labelled before 10th August 2024; and
(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations as they had effect immediately before 10th August 2024.”.
6 

(1) Regulation 12 (darpariaeth drosiannol) of the Welsh language text of the Food Supplements (Wales) Regulations 2003 (Rheoliadau Ychwanegion Bwyd (Cymru) 2003) is amended as follows.
(2) The existing paragraph is re-numbered as paragraph (1).
(3) After the re-numbered paragraph (1), insert—“
(2) Mewn unrhyw achosion am dramgwydd o dan reoliad 9 sy’n ymwneud â thorri rheoliad 6 neu 7 drwy fynd yn groes i reoliad 6(3)(b) neu fethu â chydymffurfio ag ef, bydd profi’r canlynol yn amddiffyniad—
(a) bod zinc wedi’i ddefnyddio wrth weithgynhyrchu’r ychwanegyn bwyd a bod yr ychwanegyn bwyd wedi’i farcio neu wedi’i labelu cyn 10 Chwefror 2023; a
(b) na fyddai’r materion sy’n dramgwydd honedig wedi bod yn dramgwydd o dan y Rheoliadau hynny fel yr oeddent yn cael effaith yn union cyn 10 Chwefror 2023.”.
(4) After paragraph (2), insert—“
(3) Mewn unrhyw achosion am dramgwydd o dan reoliad 9 sy’n ymwneud â thorri rheoliad 6 neu 7 drwy fynd yn groes i reoliad 6(3)(b) neu fethu â chydymffurfio ag ef, bydd profi’r canlynol yn amddiffyniad—
(a) bod copr wedi’i ddefnyddio wrth weithgynhyrchu’r ychwanegyn bwyd a bod yr ychwanegyn bwyd wedi’i farcio neu wedi’i labelu cyn 10 Awst 2024; a
(b) na fyddai’r materion sy’n dramgwydd honedig wedi bod yn dramgwydd o dan y Rheoliadau hynny fel yr oeddent yn cael effaith yn union cyn 10 Awst 2024.”.
Signed by authority of the Secretary of State for Health and Social Care
Neil O’Brien
Parliamentary Under Secretary of State,
Department of Health and Social Care
7th February 2023