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Statutory Instrument 2003 No. 3207The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003(The document as of February, 2008) STATUTORY INSTRUMENTS2003 No. 3207FOOD, ENGLANDThe Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003
The Secretary of State, in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990[1] and now vested in him[2], having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation 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 section 48(4) and (4B) of that Act, makes the following Regulations: Title, application and commencement 1.These Regulations may be cited as the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003; they apply in relation to England only and come into force on 6th March 2005. Interpretation 2. - (1) In these Regulations -
(b) the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
(2) Other expressions used in these Regulations and in the Directive have the same meaning in these Regulations as they have in the Directive.
(b) it is labelled in accordance with regulation 8. General requirements as to manufacture and composition
(b) any omethoate, where it is a metabolite of a pesticide not specified in Schedule 6, or any product resulting from degradation or reaction of that metabolite, at a level exceeding 0.003 mg/kg.
(b) if it is not so manufactured, as reconstituted according to its manufacturer's instructions. (5) Analytical methods for determining levels of pesticide residues for the purposes of this regulation shall be generally acceptable standardised methods.
(b) information as to the presence or absence of gluten if the age stated pursuant to sub-paragraph (a) is less than six months; (c) the available energy value expressed in kJ and kcal, and the protein, carbohydrate and fat content, expressed in numerical form, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption; (d) the average quantity, expressed in numerical form, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption, of each mineral substance and of each vitamin in respect of which a maximum or a minimum compositional requirement is specified in -
(ii) Schedule 3 in the case of baby foods; and (e) if preparation of the food is necessary, appropriate instructions for preparation and a statement as to the importance of following those instructions. (2) Subject to paragraph (1)(d), no processed cereal-based food or baby food shall be labelled with the average quantity of any nutrient specified in Schedule 4 unless -
(b) in the case of a mineral substance or vitamin, it is a mineral substance or vitamin other than one referred to in paragraph (1)(d). (3) Where, pursuant to paragraph (1)(d) or paragraph (2), any processed cereal-based food or baby food is labelled with the average quantity, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption, of any vitamin or mineral which is specified in column 1 of Schedule 8, the labelling of the food shall not express that average quantity as a percentage of the reference value specified in column 2 of Schedule 8 in relation to that vitamin or mineral unless the quantity present is equal to 15 per cent or more of the reference value.
(b) in the case of export to an EEA State, that the legislation complies with the provisions of the Directive[12]. Application of various provisions of the Act
(b) section 3 (presumptions that food is intended for human consumption); (c) section 20 (offences due to fault of another person); (d) section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15; (e) section 22 (defence of publication in the course of a business); (f) section 30(8) (which relates to documentary evidence); (g) section 33(1) (obstruction etc. of officers); (h) section 33(2), with the modification that the reference to "any such requirement as is mentioned in subsection (1)(b) above" shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by paragraph (g) above; (i) section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by paragraph (g) above; (j) section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by paragraph (h) above; (k) section 36 (offences by bodies corporate); and (l) section 44 (protection of officers acting in good faith). Revocations 1.Simple cereals which are or have to be reconstituted with milk or other appropriate nutritious liquids. 2.Cereals with an added high protein food which are or have to be reconstituted with water or other protein-free liquid. 3.Pastas which are to be used after cooking in boiling water or other appropriate liquids. 4.Rusks and biscuits which are to be used either directly or, after pulverisation, with the addition of water, milk or other suitable liquids. The requirements concerning nutrients refer to the products ready for use, marketed as such or reconstituted as instructed by the manufacturer. Cereal content 1. - (1) Processed cereal-based foods are prepared primarily from one or more milled cereals and/or starchy root products. (2) The amount of cereal and/or starchy root shall not be less than 25 per cent of the final mixture on a dry weight for weight basis. Protein 2. - (1) For products mentioned in paragraphs 2 and 4 of Part I, the protein content shall not exceed 1.3 g / 100 kJ (5.5 g / 100 kcal). (2) For products mentioned in paragraph 2 of Part I, the added protein shall not be less than 0.48 g / 100 kJ (2 g / 100 kcal). (3) For biscuits mentioned in paragraph 4 of Part I made with the addition of a high protein food, and presented as such, the added protein shall not be less than 0.36 g / 100 kJ (1.5 g / 100 kcal). (4) The chemical index of the added protein shall be equal to at least 80 per cent of that of the reference protein (casein as defined in Schedule 2), or the protein efficiency ratio (PER) of the protein in the mixture shall be equal to at least 70 per cent of that of the reference protein. In all cases, the addition of amino acids is permitted solely for the purpose of improving the nutritional value of the protein mixture, and only in the proportions necessary for that purpose. Carbohydrates 3. - (1) If sucrose, fructose, glucose, glucose syrups or honey are added to products mentioned in paragraphs 1 and 4 of Part I -
(b) the amount of added fructose shall not exceed 0.9 g / 100 kJ (3.75 g / 100 kcal). (2) If sucrose, fructose, glucose syrups or honey are added to products mentioned in paragraph 2 of Part I -
(b) the amount of added fructose shall not exceed 0.6 g / 100 kJ (2.5 g / 100 kcal). Fat
(b) the amount of myristic acid shall not exceed 15 per cent of the total fat content; (c) the amount of linoleic acid (in the form of glycerides = linoleates) shall not be less than 70 mg / 100 kJ (300 mg / 100 kcal) and shall not exceed 285 mg / 100 kJ (1200 mg / 100 kcal). Minerals
(ii) The sodium content of processed cereal-based foods shall not exceed 25 mg /100 kJ (100 mg / 100 kcal). (2) Calcium
(ii) For products mentioned in paragraph 4 of Part I manufactured with the addition of milk (milk biscuits) and presented as such, the amount of calcium shall not be less than 12 mg / 100 kJ (50 mg / 100 kcal). Vitamins
(1) RE = all trans retinol equivalents (2) In the form of cholecalciferol, of which 10 µg = 400 i.u. of Vitamin D
The requirements concerning nutrients refer to the products ready for use, marketed as such or reconstituted as instructed by the manufacturer. Protein 1. - (1) If meat, poultry, fish, offal or other traditional source of protein are the only ingredients mentioned in the name of the product, then -
(b) each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent, by weight, of total named protein sources; (c) the total protein from the named sources shall not be less than 1.7 g / 100 kJ (7 g / 100 kcal). (2) If meat, poultry, fish, offal or other traditional source of protein, singularly or in combination, are mentioned first in the name of the product, whether or not the product is presented as a meal, then -
(b) each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent by weight, of total named protein sources; (c) the protein from the named sources shall not be less than 1 g / 100 kJ (4 g / 100 kcal). (3) If meat, poultry, fish, offal or other traditional source of protein, singularly or in combination are mentioned, but not first, in the name of the product, whether or not the product is presented as a meal, then -
(b) each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent, by weight, of total named protein sources; (c) the total protein from the named sources shall not be less than 0.5 g / 100 kJ (2.2 g / 100 kcal); (d) the total protein in the product from all sources shall not be less than 0.7 g / 100 kJ (3 g / 100 kcal). (4) If cheese is mentioned together with other ingredients in the name of a savoury product, whether or not the product is presented as a meal, then -
(b) the total protein in the product from all sources shall not be less than 0.7 g / 100 kJ (3 g / 100 kcal). (5) If the product is designated on the label as a meal, but does not mention meat, poultry, fish, offal or other traditional source of protein in the name of the product, the total protein in the product from all sources shall not be less than 0.7 g / 100 kJ (3 g /100 kcal).
(b) 15 g / 100 ml for fruit juices and nectars and drinks based on them; (c) 20 g / 100 g for fruit-only dishes; (d) 25 g / 100 g for desserts and puddings; (e) 5 g / 100 g for other non-milk-based drinks. Fat
(2) Vitamin A -
(ii) Vitamin A shall not be added to other baby foods. (3) Vitamin D -
1.Vitamins Vitamin A Retinol Retinyl acetate Retinyl palmitate Beta-carotene Vitamin D Vitamin D2 (= ergocalciferol) Vitamin D3 (= cholecalciferol) Vitamin B1 Thiamin hydrochloride Thiamin mononitrate Vitamin B2 Riboflavin Riboflavin-5'-phosphate, sodium Niacin Nicotinamide Nicotinic acid Vitamin B6 Pyridoxine hydrochloride Pyridoxine-5-phosphate Pyridoxine dipalmitate Pantothenic acid D-pantothenate, calcium D-pantothenate, sodium Dexpanthenol Folate Folic acid Vitamin B12 Cyanocobalamin Hydroxocobalamin Biotin D-biotin Vitamin C L-ascorbic acid Sodium L-ascorbate Calcium L-ascorbate 6-palmityl-L-ascorbic acid (ascorbyl palmitate) Potassium ascorbate Vitamin K Phylloquinone (phytomenadione) Vitamin E D-alpha tocopherol DL-alpha tocopherol D-alpha tocopherol acetate DL-alpha tocopherol acetate 2.Amino acids L-arginine} L-cystine} L-histidine} and their hydrochlorides L-isoleucine} L-leucine} L-lysine} L-cysteine} L-methionine L-phenylalanine L-threonine L-tryptophan L-tyrosine L-valine 3.Others Choline Choline chloride Choline citrate Choline bitartrate Inositol L-carnitine L-carnitine hydrochloride 4.Salts of minerals and trace elements Calcium Calcium carbonate Calcium chloride Calcium salts of citric acid Calcium gluconate Calcium glycerophosphate Calcium lactate Calcium oxide Calcium hydroxide Calcium salts of orthophosphoric acid Magnesium Magnesium carbonate Magnesium chloride Magnesium salts of citric acid Magnesium gluconate Magnesium oxide Magnesium hydroxide Magnesium salts of orthophosphoric acid Magnesium sulphate Magnesium lactate Magnesium glycerophosphate Potassium Potassium chloride Potassium salts of citric acid Potassium gluconate Potassium lactate Potassium glycerophosphate Iron Ferrous citrate Ferric ammonium citrate Ferrous gluconate Ferrous lactate Ferrous sulphate Ferrous fumarate Ferric diphosphate (ferric pyrophosphate) Elemental iron (carbonyl + electrolytic + hydrogen-reduced) Ferric saccharate Sodium ferric diphosphate Ferrous carbonate Copper Copper-lysine complex Cupric carbonate Cupric citrate Cupric gluconate Cupric sulphate Zinc Zinc acetate Zinc citrate Zinc lactate Zinc sulphate Zinc oxide Zinc gluconate Manganese Manganese carbonate Manganese chloride Manganese citrate Manganese gluconate Manganese sulphate Manganese glycerophosphate Iodine Sodium iodide Potassium iodide Potassium iodate Sodium iodate
(1) Unless otherwise stated in column 2 of Part I or column 3 of Part II, the maximum limits specified in those columns apply to food ready for use, whether marketed as such or reconstituted as instructed by the manufacturer. (2) RE = all trans retinol equivalents. Chemical name Aldrin and dieldrin, expressed as dieldrin Disulfoton (sum of disulfoton, disulfoton sulfoxide and disulfoton sulfone expressed as disulfoton) Endrin Fensulfothion (sum of fensulfothion, its oxygen analogue and their sulfones, expressed as fensulfothion) Fentin, expressed as triphenyltin cation Haloxyfop (sum of haloxyfop, its salts and esters including conjugates, expressed as haloxyfop) Heptachlor and trans-heptachlor epoxide, expressed as heptachlor Hexachlorobenzene Nitrofen Omethoate Terbufos (sum of terbufos, its sulfoxide and sulfone, expressed as terbufos)
(This note is not part of the Regulations) 1.These Regulations provide for the continued implementation in England of Commission Directive 96/5/EC on processed cereal-based foods and baby foods for infants and young children, as amended by Commission Directives 1998/36/EC and 1999/39/EC and now as further amended by Commission Directive 2003/13/EC. These Regulations revoke and replace in relation to England the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997, as amended. 2.These Regulations come into force on 6th March 2005. They -
(b) exempt from their application any baby food which is a milk intended for young children (regulation 3); (c) specify the enforcement authorities (regulation 9); (d) create an offence and prescribe a penalty (regulation 10); (e) provide a defence in relation to exports in accordance with Articles 2 and 3 of Council Directive 89/397/EEC (OJ No. L186, 30.6.89, p.23) on the official control of foodstuffs (regulation 11); (f) apply certain provisions of the Food Safety Act 1990 (regulation 12); and (g) contain a revocation provision (regulation 13) and make a consequential amendment (regulation 14). 3.In implementation of Directive 2003/13/EC these Regulations prohibit the sale of processed cereal-based foods and baby foods for infants and young children if those foods contain pesticide residues above certain levels. Different levels are set depending on the pesticide in question (regulation 7 and Schedules 6 and 7). In implementation of the final sentence of Article 6(2) of Directive 96/5/EC as substituted by Directive 1999/39/EC, provision is made as to analytical methods (regulation 7(5)). Notes: [1] 1990 c. 16.back [2] Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), and paragraphs 12 and 21 of that Schedule amend respectively sections 17 and 48 of the 1990 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as read with section 40(3) of the 1999 Act, and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46), as read with section 40(2) of the 1999 Act. Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the 1990 Act.back [3] OJ No. L31, 1.2.2002, p.1.back [4] OJ No. L49, 28.2.96, p.17.back [5] OJ No. L167, 12.6.98, p.23.back [6] OJ No. L124, 18.5.1999, p.8.back [7] OJ No. L41, 14.2.2003, p.33.back [8] OJ No. L1, 3.1.94, p.1.back [9] OJ No. L1, 3.1.94, p.571.back [10] OJ No. L230, 19.8.91, p.1.back [11] S.I. 1996/1499, relevant amending instruments are S.I. 1998/141, 1398, 2424, 1999/747, 1136, 1483, 1540, 2000/768, 2254, 3323, 2001/2294, 3442, 3775, 2002/379, 2003/461, 474, 1008, 1182, 1563, 1596, 1659, 2075, 2243, 2647.back [12] As adopted by the EEA Joint Committee Decisions No. 32/2002 (OJ No. L154, 13.6.2002, p.12) and 107/2003.back [13] S.I. 1997/2042.back [14] S.I. 1999/275.back [15] S.I. 2000/1510.back [16] S.I. 1990/1728; the relevant amending instrument is S.I. 2002/1817.back ISBN 0 11 048300 6 -- Back --
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