Notification of Marketing of Food for Particular Nutritional Uses (Wales) Regulations 2007

Dydyn ni ddim wedi paratoi ferswn cymraeg. Os eisiwch ferswn cymraeg neu ragor o wybodaeth cysylltwch a Kerys James-Palmer:
ffon: 029 2067 8912
ebost: kerys.james-palmer@foodstandards.gsi.gov.uk

Detail of Consultation
Article 9 of Council Directive 89/398/EEC, as amended by Directive 1999/41/EC, was implemented by the Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002 SI 333. Parallel legislation was implemented in Scotland and Northern Ireland.

These Regulations prohibited the sale of products by manufacturers/importers covered by Article 9 unless they had been notified. To notify a new product manufacturers/importers provide the competent authority with a model of the label used for the product. In Wales, the Food Standards Agency is the competent authority.

Article 11 of Directive 89/398/EEC sets out the grounds on which a competent authority is permitted to restrict trade in the product within its own territory. It also sets out the procedure to be followed.

The current Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002, do not implement Article 11 of the Directive. The new Regulations are being implemented to ensure that the Agency has the power to take action to restrict the sale of foods for particular nutritional uses that are not clearly distinguishable from foods for normal consumption, that are not suitable for their claimed particular nutritional use, or that endanger human health. Implementing the new Regulations will enable the Food Standard Agency to protect the consumer against fraud.

Regulatory Appraisal (RA)
A draft partial RA is attached below. Please let us have any comments on both the specific questions asked within it and on the proposals in general.

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