European Union (Addition of Vitamins and Minerals and of Certain Other Substances to Foods) (Amendment) Regulations 2021.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Union (Addition of Vitamins and Minerals and of Certain Other Substances to Foods) (Amendment) Regulations 2021.
(2) The Principal Regulations, the European Union (Addition of Vitamins and Minerals and of Certain Other Substances to Foods) (Amendment) Regulations 2018 ( S.I. No. 226 of 2018 ) and these Regulations may be cited together as the European Union (Addition of Vitamins and Minerals and of Certain Other Substances to Foods) Regulations 2017 to 2021.
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paragraphs: In these Regulations—
(1) “Principal Regulations” means the European Union (Addition of Vitamins and Minerals and of Certain Other Substances to Foods) Regulations 2017 ( S.I. No. 376 of 2017 );
(2) “trans fat” means the substance restricted in accordance with the conditions specified in Part B of Annex III to EC Regulation 1925/2006.
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paragraphs: Regulation 2 of the Principal Regulations is amended—
(a) by substituting for the definition of “Annex III to EC Regulation 1925/2006” the following:
‘“Annex III to EC Regulation 1925/2006’ means Annex III to Regulation (EC) No. 1925/2006 of the European Parliament and of the Council of 20 December 20064 , as amended by Commission Regulation (EU) 2015/403 of 11 March 20155 , Commission Regulation (EU) 2019/649 of 24 April 20191 , Commission Regulation (EU) 2019/650 of 24 April 20192 and Commission Regulation (EU) 2021/468 of 18 March 20213 ;”,
(b) by substituting for the definition of “EC Regulation 1925/2006” the following:
‘“EC Regulation 1925/2006’ means Regulation (EC) No. 1925/2006 of the European Parliament and of the Council of 20 December 20064 , as amended by Regulation (EC) No. 108/2008 of the European Parliament and of the Council of 15 January 20086 , Commission Regulation (EC) No. 1170/2009 of 30 November 20097 , Commission Regulation (EU) No. 1161/2011 of 14 November 20118 , Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 20119 , Commission Implementing Regulation (EU) No. 307/2012 of 11 April 201210 , Commission Regulation (EU) No. 119/2014 of 7 February 201411 , Commission Regulation (EU) 2015/403 of 11 March 20155 , Commission Regulation 2019/649 of 24 April 20191 , Commission Regulation 2019/650 of 24 April 20192 and Commission Regulation (EU) 2021/468 of 18 March 20213 ;”.
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paragraphs: The Principal Regulations are amended by substituting for Regulation 8, the following:
“(1) A food business operator who—
(a) adds to food or who uses in the manufacture of food—
(i) a prohibited substance listed in Part A of Annex III to EC Regulation 1925/2006, or
(ii) a restricted substance listed in Part B of Annex III to EC Regulation 1925/2006 in a manner contrary to the conditions specified therein, or
(b) supplies other food business operators with food not intended for the final consumer or not intended for supply to retail, without providing information on the amount of trans fat, other than trans fat naturally occurring in fat of animal origin, where that amount exceeds 2 grams per 100 grams of fat,
(2) Notwithstanding paragraph (1) and subject to paragraph 3, a food business operator is not guilty of an offence under this Regulation where a food which was placed on the market prior to 1 April 2021—
(a) contains trans fats in quantities exceeding those permitted under paragraph 1(a)(ii) of this Regulation and Part B of Annex III to EC Regulation 1925/2006, or
(b) was supplied in a manner contrary to paragraph 1(b) of this Regulation and Part B of Annex III to EC Regulation 1925/2006.
(3) For the purposes of paragraph (2), the food business operator shall bear the onus of proving that a food was placed on the market prior to 1 April 2021.