European Union (Addition of Vitamins and Minerals and of Certain Other Substances to Foods) Regulations 2017.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Union (Addition of Vitamins and Minerals and of Certain Other Substances to Foods) Regulations 2017.
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paragraphs: (1) In these Regulations—
(a) a Deputy Public Analyst located at a Public Analyst’s Laboratory,
(b) an Executive Analytical Chemist located at a Public Analyst’s Laboratory,
(c) a Public Analyst located at a Public Analyst’s Laboratory,
(d) a person, or member of a class of persons, designated by the Minister pursuant to Regulation 17(b);
(a) Public Analyst’s Laboratory, Cork,
(b) Public Analyst’s Laboratory, Dublin,
(c) Public Analyst’s Laboratory, Galway,
(d) a laboratory designated by the Minister pursuant to Regulation 17(a);
(a) a label, labelling, packaging, a container or commercial documents relating to food, or
(b) materials or media used in the presentation or advertising of food or other accompanying material;
(2) A word or expression which is used in these Regulations and which is also used in EC Regulation 1925/2006 or in the General Food Law Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in EC Regulation 1925/2006 or in the General Food Law Regulation.
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paragraphs: (1) Subject to paragraph (2), these Regulations apply to the addition of vitamins and minerals and of certain other substances to foods.
(2) The provisions of these Regulations regarding vitamins and minerals do not apply to food supplements covered by Directive 2002/46/EC of the European Parliament and of the Council of 10 June 200227 .
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paragraphs: A food business operator who places on the market food to which a vitamin or mineral other than—
(a) a vitamin listed in Annex I to EC Regulation 1925/2006, in a formulation listed in Annex II to EC Regulation 1925/2006, or
(b) a mineral listed in Annex I to EC Regulation 1925/2006, in a substance listed in Annex II to EC Regulation 1925/2006,
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paragraphs: A food business operator who places on the market—
(a) unprocessed food, or
(b) beverages containing more than 1.2 per cent by volume of alcohol, other than products in compliance with the conditions laid down in Article 4 of EC Regulation 1925/2006,
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paragraphs: A food business operator who fails to ensure that the addition of a vitamin or a mineral to food results in the presence of that vitamin or mineral in the food in at least a significant amount is guilty of an offence.
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paragraphs: (1) A food business operator who places on the market food to which a vitamin or a mineral has been added, where the labelling, presentation or advertising of that food—
(a) states or implies that a balanced and varied diet cannot provide appropriate quantities of nutrients, or
(b) misleads or deceives the consumer as to the nutritional merit of the food that may result from the addition of these nutrients,
(2) A food business operator who places on the market food to which a vitamin or a mineral has been added and who fails to ensure that the labelling, presentation, advertising of that food includes—
(a) the nutrition information specified in Article 30(1) of EU Regulation 1169/2011, or
(b) the total amounts present of the vitamin or mineral when added to the food,
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paragraphs: A food business operator who adds to food or who uses in the manufacture of food—
(a) a prohibited substance listed in Part A of Annex III to EC Regulation 1925/2006, or
(b) a restricted substance listed in Part B of Annex III to EC Regulation 1925/2006 in a manner contrary to the conditions specified therein,
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paragraphs: (1) The enforcement of these Regulations and of EC Regulation 1925/2006, shall be carried out in accordance with this Part.
(2) These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998.
(3) Subject to Regulation 18, these Regulations shall be enforced by the Authority or by an official agency acting pursuant to a service contract with the Authority, or by both and, without prejudice to paragraph (1), the enforcement provisions contained in the Act of 1998 shall apply for the purposes of ensuring compliance with the requirements of these Regulations.
(4) The Authority shall submit requests to the European Commission under Article 3(2) of EU Regulation 307/2012.
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paragraphs: (1) An authorised officer may, for the purposes of these Regulations, purchase or take without payment a sample of food.
(2) An authorised officer may, for the purpose of taking a sample of food, open any receptacle.
(3) An authorised officer who purchases or takes without payment a sample of food with the intention of having it analysed, shall, after purchasing or taking the sample, forthwith notify the food business operator, or the person in apparent charge or control of the food of his or her intention of having the sample analysed.
(4) An authorised officer who suspects that a food fails to comply with the provisions of these Regulations and who purchases or takes a sample of that food without payment, with the intention of having it analysed, may, by notice in writing to the food business operator, or the person in apparent charge or control of such food, prohibit its removal except to any place which may be specified in the notice, during such period as may be specified in the notice, but not exceeding 15 working days from the date of the taking of the sample.
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paragraphs: (1) An authorised officer who takes a sample of food pursuant to these Regulations, for the purposes of official analysis shall, where the division of the sample is reasonably practicable, divide the sample into three approximately equal parts (enforcement, trade (defence) and referee) and mark each, in such a way as to identify it as a part of the sample taken by the officer.
(2) An authorised officer who divides a sample in accordance with paragraph (1), shall—
(a) in the presence of the food business operator, or the person in apparent charge or control of the food mark, seal and fasten each part in such a manner as its nature will permit and in such a way that the integrity of the sample is not compromised,
(b) forward one part to the approved examiner in an official laboratory for analysis,
(c) give or send one part to the food business operator or the person in apparent charge or control of such food, and
(d) retain the third part.
(3) Where an authorised officer takes a sample of food contained in unopened containers and its division into parts—
(a) is not reasonably practicable, or
(b) might affect the composition or impede the proper analysis of the sample,
(4) In proceedings for an offence under these Regulations, the result of any test, examination or analysis of, or report on, a sample of food taken pursuant to these Regulations, shall not be adduced unless before the proceedings were instituted the sample was divided as specified in this Regulation and the part, package or container retained by the authorised officer shall be produced at the hearing.
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paragraphs: (1) An authorised officer may, for the purposes of these Regulations, inspect, take or make copies, whether in writing, by photography, electronically or otherwise, of a relevant thing.
(2) An authorised officer who takes a sample of a relevant thing related to a food sample taken in accordance with Regulations 10 and 11, for the purposes of official analysis, shall obtain three identical such relevant things, or take three copies or photographs thereof.
(3) An authorised officer who takes a relevant thing related to a food sample taken in accordance with Regulations 10 and 11, or a copy or photograph thereof, with the intention of having it analysed, shall—
(a) forthwith notify the food business operator or the person in apparent charge or control of the relevant thing, of his or her intention of having the relevant thing, copy or photograph analysed,
(b) mark, seal and fasten each relevant thing, or copy or photograph of the relevant thing, in such a manner as its nature will permit, and in such a way that the integrity of the sample is not compromised,
(c) forward one of the relevant things, or one of the copies or photographs of the relevant thing, to the approved examiner in an official laboratory for analysis,
(d) give or send one of the relevant things, or one of the copies or photographs of the relevant thing, to the food business operator or the person in apparent charge or control of such relevant thing, and
(e) retain the third relevant thing, or the third copy or photograph of the relevant thing.
(4) An authorised officer who takes a sample of a relevant thing pursuant to these Regulations, for the purpose of inspection, shall obtain three identical such relevant things, or takes three copies or photographs of such relevant thing.
(5) An authorised officer who takes a relevant thing, or a copy or photograph thereof, with the intention of having it inspected, shall—
(a) forthwith notify the food business operator or the person in apparent charge or control of the relevant thing, of his or her intention of having the relevant thing, copy or photograph inspected,
(b) mark, seal and fasten each relevant thing, or copy or photograph of the relevant thing, in such a manner as its nature will permit, and in such a way that the integrity of the sample is not compromised,
(c) give or send one of the relevant things, or one of the copies or photographs of the relevant thing, to the food business operator or the person in apparent charge or control of such relevant thing,
(d) retain one of the relevant things, or one of the copies or photographs of the relevant thing, for the purpose of inspection, and
(e) retain the third relevant thing, or the third copy or photograph of the relevant thing.
(6) In proceedings for an offence under these Regulations, the result of any analysis or inspection of, or report on, a sample of a relevant thing taken pursuant to these Regulations shall not be adduced unless before the proceedings were instituted three identical relevant things, copies or photographs were taken as specified in this Regulation and the relevant thing or the copy or photograph of the relevant thing retained by the authorised officer is produced at the hearing.
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paragraphs: (1) The approved examiner or a person under his or her direction, shall analyse as soon as possible any sample of food, relevant thing or copy or photograph of a relevant thing submitted to him or her in pursuance of these Regulations and the approved examiner shall certify to the person who submitted same to him or her the result of such analysis.