Food for Particular Nutritional Uses (Miscellaneous Amendments) (Scotland) Regulations 2007

The key proposals are to:

• provide for the execution and enforcement of Commission Regulation 1609/2006 which allows partially hydrolysed infant formula based on hydrolysates of whey protein from cows’ milk to be placed on the UK market, provided that the protein content is between 1.86g/100kcal and 3g/100kcal, and that the protein is sourced and processed as provided for in the Annex of Commission Regulation 1609/2006. These regulations will amend the Infant Formula and Follow-on Formula Regulations 1995 (as amended) (regulation 2)
• implement Commission Directive 2007/29/EC to bring the use of hunger and satiety claims prohibited by the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 in relation to slimming foods into line with the provisions on the use of such claims in relation to foods for general consumption (regulation 3)
• implement Commission Directive 2006/82/EC by updating the definition of 'the directive' referred to in the Foods For Special Medical Purposes (Scotland) Regulations 2000 to reflect the accession of Bulgaria and Romania to the European Union in 2007 (regulation 4)
• implement Commission Directive 2006/125/EC by updating the definition of ‘the Directive’ in the Processed Cereal-based foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004 so that it refers to Directive 2006/125/EC instead of Directive 96/5/EC (as amended) (regulation 5)
• implement Commission Directive 2007/26/EC to extend the period of derogation provided for in the Foods for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2002 until 1 January 2010 (regulation 6)

The Agency has already consulted on the regulations 2, 4 and 5 of these draft regulations. A link to this consultation is provided below.

Should you wish to provide further evidence and estimated costs in relation to these regulations, please provide them in your response to this consultation. This consultation focuses on regulations 3 and 6 only and includes a Partial Regulatory Assessment (PRIA) for each of these regulations.

Regulation 3: This proposed regulation amends the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 to bring the use of hunger and satiety claims in relation to slimming foods into line with the provisions on the use of such claims in relation to foods for general consumption.

Regulation 6: This proposed regulation amends the Foods for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2002 to extend the period of derogation provided for until 1st January 2010.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk