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2003 No. 529

FOOD

Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2003

  Made 12th December 2003 
  Coming into operation 6th March 2005 

The Department of Health, Social Services and Public Safety[1] in exercise of the powers conferred on it by Articles 15(1)(a) and (f), 16(1), 25(1) and (3) and 47(2) of the Food Safety (Northern Ireland) Order 1991[2] and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council[3] 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 and in accordance with Article 47(3) and (3B) of the said Order, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 6th March 2005.

Amendment of the Infant Formula and Follow-on Formula Regulations (Northern Ireland) 1995
    
2. The Infant Formula and Follow-on Formula Regulations (Northern Ireland) 1995[4] shall be amended in accordance with regulations 3 to 9.

     3. In regulation 1(2) (interpretation), in the definition of "the Directive", for "Commission Directive 1999/50/EC" there shall be substituted "Commission Directive 2003/14/EC[5]".

     4. In regulation 2(1)(ii) and (2)(b) (conditions for the sale of infant formulae and follow-on formulae), for "regulation 4(12)" there shall be substituted "regulation 4(12) to (17)".

    
5. In regulation 3 (export of infant formulae and follow-on formulae to third countries) -

     6. In regulation 4(2) and (6) (composition of infant formulae and follow-on formulae), the words from "and it shall not" to the end shall be omitted.

    
7. After paragraph (12) of regulation 4 (composition of infant formulae and follow-on formulae) there shall be inserted the following paragraphs -

     8. In regulation 11 (application of provisions of the Food Safety (Northern Ireland) Order 1991), after paragraph (f) there shall be inserted the following paragraph -

     9. After Schedule 7 (the mineral elements in cows milk) there shall be inserted as Schedules 7A and 7B the contents of the Schedule.



Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


12th December 2003.

L.S.


Denis McMahon
A Senior Officer of the Department of Health, Social Services and Public Safety


SCHEDULE
Regulation 9


NEW SCHEDULES 7A AND 7B TO BE INSERTED IN THE INFANT FORMULA AND FOLLOW-ON FORMULA REGULATIONS (NORTHERN IRELAND) 1995









EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations, which amend the Infant Formula and Follow-on Formula Regulations (Northern Ireland) 1995, as amended, implement Commission Directive 2003/14/EC amending Directive 91/321/EEC on infant formulae and follow-on formulae.

In implementation of Directive 2003/14/EC the Regulations -

In implementation of the final sentence of Article 6(2) of Directive 91/321/EEC as substituted by Commission Directive 1999/50/EC, provision is made as to analytical methods for determining levels of pesticide residues (regulation 7).

The Regulations also amend the provision applying various provisions of the Food Safety (Northern Ireland) Order 1991 (regulation 8).


Notes:

[1] Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I. 1), Article 3back

[2] S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28back

[3] O.J. No. L31, 1.2.2002, p. 1back

[4] S.R. 1995 No. 85; the relevant amending Regulations are S.R. 1997 No. 213 and S.R. 2000 No. 235back

[5] O.J. No. L41, 14.2.2003, p. 37back



ISBN 0 33 795323 6


  © Crown copyright 2003

Prepared 29 December 2003


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