Citation and commencement

1.  These Regulations may be cited as the Addition of Vitamins, Minerals and Other Substances (Amendment) Regulations (Northern Ireland) 2019 and come into operation on 0th Month 2020.

Amendment of the Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007

2.—(1) The Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007( 5) are amended as follows.

(2) In regulation 2(1)( 6) (Interpretation), in the definition of ““the EC Regulation”” for “I or II” substitute “I, II or III”.

(3) In regulation 4(2)( 7) (Offences and penalties)—

(a) at the end of sub-paragraph (d) omit “and”;

(b) after sub-paragraph (e) insert—

“(f) Article 8(2)(a)(i) (prohibition of the addition of a substance listed in Annex III, Part A to foods or its use in the manufacture of foods); and

(g) Article 8(2)(a)(ii) (prohibition of the addition of a substance listed in Annex III, Part B to foods or its use in the manufacture of foods unless that substance is added or used in accordance with the conditions specified in that Part). ”.

(4) After regulation 4 insert—

“Transitional provision in relation to food containing substance listed in Annex III, Part B

4A.   An offence is not committed under regulation 4(1) by virtue of paragraph (2)(g) of that regulation in respect of the addition of a substance to, or its use in the manufacture of, any food if—

(a) the food is placed on the market before 1st April 2021; and

(b) the substance concerned falls within the entry in Annex III, Part B relating to trans fat other than trans fat naturally occurring in fat of animal origin. ”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007 ( S.R. 2007 No.301) (“the 2007 Regulations”).

Regulation 2(1) of the 2007 Regulations is amended so that the definition of “the EC Regulation” includes a reference to Annex III as it may be amended from time to time of Regulation (EC) No 1925/2006of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (O.J. No. L 404, 30.12.2006, p. 26), as last amended by Commission Regulation (EU) 2019/650 of 24 April 2019 amending Annex III to Regulation (EC) No 1925/2006of the European Parliament and of the Council as regards Yohimbe (Pausinystalia yohimbe (K. Schum) Pierre ex Beille) (O.J. No. L 110, 25.4.2019, p. 21).

Regulation 4(2) of the 2007 Regulations is amended so that it is an offence to add a substance listed in Annex III Part A to the EC Regulation to foods, or to use such a substance in the manufacture of foods.

Regulation 4(2) of the 2007 Regulations is further amended so that it is an offence to add a substance listed in Annex III Part B to the EC Regulation to foods, or to use such a substance in the manufacture of foods unless that substance is added or used in accordance with the conditions specified in that Part.

A new transitional provision (regulation 4A) is inserted into the 2007 Regulations to provide that an offence is not committed in respect of any food that does not comply with the provisions of Annex III, Part B relating to trans fat other than trans fat naturally occurring in fat of animal origin and which is placed on the market before 1st April 2021.

A full impact assessment has not been produced for this rule as no, or no significant, impact on the private, voluntary or public sector is foreseen.