
2010 No. 295
Food, England
The Food for Particular Nutritional Uses (Miscellaneous Amendments) (England) Regulations 2010
Made 10th February 2010
Laid before Parliament 15th February 2010
Coming into force 15th March 2010

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 17(1), 26(1)(a) and 48(1) of the Food Safety Act 1990 and now vested in him, as read with paragraph 1A of Schedule 2 to the European Communities Act 1972.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for references to Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses in specified statutory instruments to be construed as references to that Directive as amended from time to time.
In accordance with section 48(4A) of the Food Safety Act 1990, the Secretary of State has had regard to relevant advice given by the Food Standards Agency.

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 safety, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
Title, application and commencement
1 
These Regulations may be cited as the Food for Particular Nutritional Uses (Miscellaneous Amendments) (England) Regulations 2010, apply in relation to England only and come into force on 15th March 2010.
Amendment of the Food Labelling Regulations 1996
2 

(1) The Food Labelling Regulations 1996 are amended in accordance with the following paragraphs in so far as they apply in relation to England.
(2) In paragraph (1) of regulation 2 (interpretation)—
(a) omit the definition of “Directive 89/398”;
(b) immediately after the definition of “Directive 2000/13” insert the following definition—“
 “Directive 2009/39” means Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses as amended from time to time;”.
(3) In regulation 3 (exemptions), for sub-paragraph (iv) of paragraph (1) substitute the following sub-paragraph—“
(iv) where applicable, the requirements of Directive 87/250, Directive 90/496, Directive 94/54, Directive 99/2 and Directive 2009/39 are met in respect of that food.”.
Amendment of the Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007
3 

(1) The Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007 are amended in accordance with the following paragraphs.
(2) In paragraph (1) of regulation (2) (interpretation), for the definition of “the Directive” substitute the following definition—“
 “the Directive” means Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses as amended from time to time;”.
(3) In regulation 3 (restriction on sale)–
(a) for paragraph (1) substitute the following paragraph–“
(1) No person who, in respect of a PNU food product of a particular type—
(a) is a manufacturer or an importer referred to in Article 11 of the Directive, but
(b) has failed to comply with—
(i) a requirement to notify the competent authority, as referred to in sub-paragraph (a) or (b) of paragraph (1) of that Article, or
(ii) a requirement to produce anything to the competent authority, as referred to in sub-paragraph (c) of paragraph (1) of that Article,
shall sell a PNU food product of that type. ”; and
(b) in sub-paragraph (b) of paragraph (2) for “Article 9” substitute “Article 11”.
(4) In paragraph (1) of regulation 4 (declaration), for “Article 1(2)” substitute “Article 1(2) and (3)”.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
10th February 2010