Statutory Instruments
2007 No. 2080
food, england
The Nutrition and Health Claims (England) Regulations 2007
Made
18th July 2007
Laid before Parliament
25th July 2007
Coming into force
1st October 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(e) and (f), 17(2), 26(1)(a),and (3), and 48(1) of the Food Safety Act 1990(1), and now vested in him(2).
In accordance with section 48(4A) of that Act, he 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(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
Title, application and commencementI1
1. These Regulations may be cited as the Nutrition and Health Claims (England) Regulations 2007, apply in relation to England only and come into force on 1st October 2007.
InterpretationI2
2.—(1) In these Regulations —
“the Act” means the Food Safety Act 1990 ;
“ food authority ” does not include —
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple); or
the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change;
“ port health authority ” means —
in relation to the London port health district, the Common Council of the City of London, and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984(4), a port health authority for that district constituted by order under section 2(4) of that Act;
[F1 “ 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]
[F2 “ specified provision of the Regulation ” means—
Article 3 (general requirements relating to all claims);
Article 4(3) (restrictions on claims that may be made on alcoholic beverages);
Article 6(2) (requirement for use of claims to be justified);
Article 7 (requirements for nutrition information);
Article 8(1) (requirements for nutrition claims);
Article 9 (requirements for comparative claims);
Article 10(1), (2) or (3) (requirements for health claims);
Article 12 (prohibition of certain health claims); or
Article 14(2) (requirements for reduction of disease risk claims).F2]
(2) Expressions used in these Regulations and in the Regulation have the same meaning in these Regulations as they do in that Regulation.
(3) Any reference to a numbered Article is a reference to the Article so numbered in the Regulation.
Competent AuthoritiesI3
3. The competent authority for the purposes of the Regulation —
(a)in relation to Articles 1(4), 15(2), 16(2) and 18(2) is [F3the Secretary of StateF3] , and
(b)in relation to Article 6(3) is —
(i)each port health authority in its district, and
(ii)outside such districts, each food authority in its area.
EnforcementI4
4. Each port health authority within its district and each food authority within its area shall execute and enforce the provisions of these Regulations and of the Regulation.
Offences and PenaltiesI5
F45. Subject to the derogation contained in Article 1(3) (relating to trade marks etc) and to the transitional measures contained in Article 28, any person who contravenes or fails to comply with [F5a specified provision of the RegulationF5] is guilty of an offence and liable —
(a)on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;
(b)on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum or both.
F6(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of various provisions of the ActI6
6. The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations —
(a) section 2 (extended meaning of “sale” etc);
(b)section 3 (presumption that food is intended for human consumption);
[F7 (ba)section 10(1) and (2) (improvement notices) with the modifications specified in Part 1 of the Schedule;F7]
(c)section 20 (offences due to the fault of another person);
(d)section 21 (defence of due diligence) as it applies for the purposes of section 14 or 15;
(e)section 22 (defence of publication in the course of business);
(f)section 30(8) (which relates to documentary evidence);
[F8 (fa)section 32(1) to (8) (powers of entry) with the modifications specified in Part 2 of the Schedule;
(fb)section 33 (obstruction of officers);F8]
(g)section 34 (time limit for prosecution);
[F9 (ga)section 35 (punishment of offences) with the modification specified in Part 3 of the Schedule;F9]
(h)section 36 (offences by bodies corporate);
(i)section 36A (offences by Scottish partnerships); and
[F10 (ia)section 37(1), (3), (5) and (6) (appeals) with the modifications specified in Part 4 of the Schedule;
(ib)section 39 (appeals against improvement notices) with the modifications specified in Part 5 of the Schedule; andF10]
(j)section 44 (protection of officers acting in good faith).
Obstruction of officers and provision of information etc
F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Food Labelling Regulations
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
18th July 2007
Regulation 6
[F13Schedule Modification of provisions of the Act
Part 1 Modification of section 10 of the Act (improvement notices)
1. Section 10 is to be read as if, for subsection (1), there were substituted—
“(1) If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with a specified provision of the Regulation, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—
(a)state the officer’s grounds for believing that the person is failing to comply with a specified provision of the Regulation;
(b)specify the matters which constitute the person’s failure so to comply;
(c)specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and
(d)require the person to take those measures, or measures which are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.”.
Part 2 Modification of section 32 of the Act (powers of entry)
2. Section 32 is to be read as if, for subsection (1)(a) to (c), there were substituted —
“(a)to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been any contravention of a specified provision of the Regulation; and
(b)to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of a specified provision of the Regulation;”.
Part 3 Modification of section 35 of the Act (punishment of offences)
3. Section 35 is to be read as if, after subsection (1A), there were inserted—
“(1B) A person guilty of an offence under section 10(2) shall be liable, on summary conviction, to a fine.”.
Part 4 Modification of section 37 of the Act (appeals)
4. Section 37 is to be read as if—
(a) in subsection (1)—
(i) paragraphs (b) and (c) were omitted, and
(ii) for “a magistrates’ court or, in Scotland, to the sheriff”, there were substituted “the First-tier Tribunal” ,
(b) for subsection (3), there were substituted—
“(3) The appeals procedure under the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 applies to appeals made under subsection (1).”,
(c) for subsection (5), there were substituted—
“(5) The notice of appeal period under rule 22 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 applies to appeals made under subsection (1).”, and
(d) in subsection (6)—
(i) for “(3) or (4), there were substituted “(1)” , and
(ii) in paragraph (a), for “a magistrates’ court or to the sheriff”, there were substituted “the First-tier Tribunal” .
Part 5 Modification of section 39 of the Act (appeals against improvement notices)
5. Section 39 is to be read as if—
(a) in subsection (1) for “ court ” (in both places), there were substituted “First-tier Tribunal” , and
(b) in subsection (3), “for want of prosecution” were omitted. F13]
1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c.28), “the 1999Act”. Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c.40), Schedule 6 to the 1999 Act and S.I. 2004/2990
Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Those functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act, and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c.32). Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act.
OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3).