European Communities (Food Supplements) Regulations 2003
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Food Supplements Regulations 2003.
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paragraphs: (1) In these Regulations -
“Act of 1998” means the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998);
“approved examiner” in these Regulations means -
(a) the Public Analyst,
(b) a Deputy Public Analyst, or
(c) an Executive Analytical Chemist,
located at an official laboratory;
“authorised officer” means an authorised officer appointed under section 49 of the Act of 1998;
“Authority” means the Food Safety Authority of Ireland, established under section 9 of the Act of 1998;
“Directive” means Directive 2002/46/EC3 of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements;
“export” means exportation to a third country;
“food” or “foodstuff” means any substance or product, whether processed partially processed or unprocessed, intended to be, or reasonably expected to be, ingested by humans;
“food” includes drink, chewing gum and any substance, including water intentionally incorporated into the food during its manufacture, preparation or treatment. It includes water after the point of compliance as defined in Article 6 of Directive 98/83/EC4 and without prejudice to the requirements of Directives 80/778/EEC5 and 98/83/EC6 ;
“food” shall not include -
(a) feed,
(b) live animals unless they are prepared for placing on the market for human consumption,
(c) plants prior to harvesting,
(d) medicinal products within the meaning of Council Directives 65/65/EEC7 and 92/73/EEC8 ,
(e) cosmetics within the meaning of Council Directive 76/768/EEC9 ,
(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC10 ,
(g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961 and the United Nations Convention on Psychotropic Substances, 1971, or
(h) residues and contaminants;
“food supplements” means foodstuffs the purpose of which is to supplement the normal diet and which are concentrated sources of nutrients or other substances with a nutritional or physiological effect, alone or in combination marketed in dose form, namely forms such as capsules, pastilles, tablets, pills and other similar forms, sachets of powder, ampoules of liquids, drop dispensing bottles, and other similar forms of liquids and powders designed to be taken in measured small unit quantities;
“import” means importation from a country other than a Member State except in the context of paragraphs (7) and (8) of Regulation 3 where “import” means importation from a Member State into a third country;
“manufacture” includes the production and processing of food, other than primary production for private domestic use and domestic preparation, handling and storage of food for private domestic consumption, and cognate words shall be construed accordingly;
“Member State” means a Member State of the European Community and shall be construed as including reference to those States that are Contracting Parties to the EEA Agreement;
“Minister” means the Minister for Health and Children;
“nutrients” means the following substances -
(a) vitamins,
(b) minerals;
“official agency” means an official agency carrying out functions under a service contract and acting on behalf of the Authority pursuant to section 48 of the Act of 1998;
“official laboratory” in these Regulations means -
(a) the Public Analyst's Laboratory, Cork
(b) the Public Analyst's Laboratory, Dublin, or
(c) the Public Analyst's Laboratory, Galway;
“place on the market” means -
(a) import
(b) sell,
(c) offer or expose for sale,
(d) invite the making by a person of an offer to purchase,
(e) distribute free of charge,
(f) supply for any of those purposes (whether or not for profit),
and cognate words shall be construed accordingly;
“service contract” means a contract entered into between the Authority and an official agency pursuant to section 48 of the Act of 1998;
“third country” means a country which is not a Member State.
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
(3) (a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.
(b) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.