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Food for Particular Nutritional Uses (Miscellaneous Amendments) (Wales) Regulations 2007 No. 2753 (W. 232) OPSI - Food for Particular Nutritional Uses (Miscellaneous Amendments) (Wales) Regulations
Summary: 1. These Regulations, which apply in relation to Wales, amend the Regulations identified in the following paragraphs in the manner described in those paragraphs.
2. These Regulations amend the Infant Formula and Follow-on Formula Regulations 1995 (S.I. 1995/77, as amended, "the 1995 Regulations") in so far as they apply in relation to Wales to provide for the execution and enforcement of Commission Regulation (EC) No. 1609/2006 authorising the placing on the market of infant formula based on hydrolysates of whey protein derived from cows' milk protein for a two-year period. They amend the 1995 Regulations to provide that a person will not be considered to have contravened or failed to comply with the provisions contained in regulation 2 of the 1995 Regulations where the sale which would otherwise have constituted a contravention of or a failure to comply with those provisions and thus an offence is the sale of an infant formula falling within the derogation set out in Commission Regulation (EC) No. 1609/2006 (regulation 2(2)).
3. These Regulations amend the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 (S.I. 1997/2182, as amended in so far as they apply in relation to Wales to implement Commission Directive 2007/29/EC amending Directive 96/8/EC as regards labelling, advertising or presenting foods intended for use in energy-restricted diets for weight reduction. They amend the 1997 Regulations to provide for the removal of the prohibition on selling certain foods where the labelling, advertising or presentation of that food refers to a reduction in the sense of hunger or an increase in the sense of satiety (regulation 3(2)).
4. These Regulations amend the Medical Food (Wales) Regulations 2000 (S.I. 2000/1866 (W.125), as amended, to implement Commission Directive 2006/82/EC adapting Directive 91/321/EEC on infant formulae and follow-on formulae and Directive 1999/21/EC on dietary food for special medical purposes, by reason of the accession of Bulgaria and Romania. They amend the 2000 Regulations by substituting a revised definition of "the Directive" (to take account of Commission Directive 2006/82/EC) for the existing definition of "the Directive" in regulation 2 (interpretation) (regulation 4(2)).
5. These Regulations amend the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2002 (S.I. 2002/2939 (W.280), as amended, to implement Commission Directive 2007/26/EC amending Directive 2004/6/EC to extend its period of application. They amend the 2002 Regulations to provide that certain restrictions contained in those Regulations will not apply to certain substances until 1st January 2010 (regulation 5(2)).
6. These Regulations amend the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004 (S.I. 2004/314 (W.32), as amended, to implement Commission Directive 2006/125/EC on processed cereal-based foods and baby foods for infants and young children (OJ No. L339, 6.12.2006, p.16). They amend the 2004 Regulations by substituting a revised definition of the "the Directive" (so that it now refers to Commission Directive 2006/125/EC) for the existing definition of "the Directive" in paragraph (1) of regulation 2 (interpretation) (regulation 6(2)).

Made Under: Food Safety Act 1990 (C. 16) - sections 17(1) and (2), 26(1)(a) and 48(1), In accordance with section 48(4A) of the Food Safety Act 1990, the Welsh Ministers have 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, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
Amending:Medical Food (Wales) Regulations 2000 (1866)
Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2002 (2939)
Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004 (314)
Amending:Amend the Infant Formula and Follow-on Formula Regulations 1995 and the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997.

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