The Nutrition and Health Claims (England) Regulations 2007

UK Statutory Instrument 2007 No. 2080 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 18 July 2007
In force from: 1 October 2007
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: Food Safety Act 1990

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which apply in relation to England only, make provision for the execution and enforcement of Regulation (EC) No 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods, as corrected by a Corrigendum (OJ No. L12, 18.1.2007, p3), “the EC Regulation”. The Regulations — designate the competent authorities for the purposes of certain Articles of the EC Regulation (regulation 3); specify the enforcement authorities (regulation 4); provide that, subject to certain derogations and transitional measures specified in the EC Regulation where relevant, it is an offence — to make nutrition or health claims that do not in general comply with the requirements of the EC Regulation and in particular that are misleading or make certain specifically prohibited types of claim; to make claims on alcoholic drinks other than to the very limited extent permitted by the EC Regulation; to make a claim which cannot be scientifically justified; to fail to provide the prescribed nutrition information when making a health claim; to make a nutrition claim which is not one of the ones listed in the Annex to the EC Regulation; to make a comparative nutrition claim that does not comply with the requirements of the EC Regulation; to make a health claim that is not authorised under the procedures provided for in the EC Regulation and is not accompanied by certain specified information in the labelling or other presentation; to make a health claim of a type specifically prohibited by the EC Regulation; or in the case of health claims relating to the reduction of disease risk, to fail to accompany the claim with the statement prescribed in the EC Regulation (regulation 5). The Regulations also — apply certain provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 6); provide that, subject to certain limitations, it is an offence to obstruct, fail to give information to or intentionally mislead anyone executing and enforcing these Regulations (regulation 7); and make an amendment to the Food Labelling Regulations 1996 relating to the areas where there is some overlap between those Regulations and the EC Regulation (regulation 8). A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Nutrition Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC 2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Offences created by this instrument

Subject to the derogation contained in Article 1(3) (relating to trade marks etc) and to the transitional measures… regulation 5(1) · Status not determined · Strict liability
Obstruction of officers and provision of information etc regulation 7(1) · Status not determined · Requires proof of a state of mind
Obstruction of officers and provision of information etc regulation 7(2) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Health Food Products (Channel Islands) Commons · Westminster Hall · 5 May 2009 · Dr. Iddon
I shall call it a steroid, Mr. Wilshire, which is a class C drug in this country, believe it or not. Another such ingredient, which I can pronounce, is melatonin, which is categorised as a medicine here. Another aspect of the problem is that some products are marketed with illegal claims, including medicinal claims. The use of unsubstantiated medicinal claims is especially worrying because it targets vulnerable people. The illegal medicinal claims include claims relating to cancer, cardiovascular disease, dementia and diabetes. It has been claimed that probiotics “significantly decrease a…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2007