# The Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2014 (revoked)

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N.I.

Statutory Rules of Northern Ireland

# 2014 No. 11

Food

# The Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2014

Made

20th January 2014

Coming into operation

28th February 2014

The Department of Health, Social Services and Public Safety F1 makes the following Regulations in exercise of the powers conferred on it by Articles 15(1)(e), 16(1), and 47(2) of the Food                           Safety (Northern Ireland) Order 1991 F2 and section 2(2) of the European Communities Act 1972 F3.                        

The Department of Health, Social Services and Public Safety has been designated for the purposes of section 2(2) of the European                           Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food F4.                        

In accordance with section 47(3A) of the Food Safety (Northern Ireland) Order 1991, the Department of Health, Social Services                           and Public Safety has had regard to any relevant advice given by the Food Standards Agency.                        

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council 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 F5 there has been open and transparent public consultation during the preparation of the following Regulations.                        

F1Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6)

F2S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), **paragraphs 26 to 42** of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R.2004 Nos.482 and 505

F31972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3(3) of and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7)

F4S.I. 2003/2901

F5OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting                              a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC                              with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny- Part Four (OJ                              No. L188, 18.7.2009, p.14)

## Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2014                     and come into operation on 28th February 2014.                  

(2) The Interpretation Act (Northern Ireland) 1954 F6 applies to these Regulations as it applies to an Act of the Northern Ireland Assembly.                  

F61954 c.33 (N.I.)

## Amendment of the Infant Formula and Follow-on Formula Regulations (Northern Ireland) 2007N.I.

2.—(1) The Infant Formula and Follow-on Formula Regulations (Northern Ireland) 2007 F7 are amended as follows.                  

(2) In regulation 2(1) (interpretation) at the end of the definition of “the Directive” insert “ as amended by Commission Directive 2013/46/EU amending Directive 2006/141/EC with regard to protein requirements for infant formulae and follow on formulae ”;F8                   

(3) In regulation 8(2) (compositional criteria for infant formula) after “cows' milk proteins” insert “or goats' milk proteins”.

(4) For regulation 9 (compositional criteria for follow-on formula) substitute—

### “Compositional criteria for follow-on formula

9.—(1)Subject to paragraph (2), follow-on formula shall comply with the compositional criteria set out in Annex II taking into account                        the specifications in Annex V.                  

(2)In the case of follow-on formula manufactured from those protein hydrolysates specified in point 2.2 of Annex II with a protein                        content between the minimum and 0.56g/100kj (2.25g/100kcal)—                  

(a)the suitability of the follow-on formula for satisfying the nutritional requirements of normal healthy infants in conjunction                           with complementary feeding shall be demonstrated through appropriate studies, performed following generally accepted expert                           guidance on the design and conduct of such studies; and                  

(b)the follow-on formula shall be in accordance with the appropriate specifications set out in Annex VI.”                  

(3) In regulation 15 (naming of infant formula) in both paragraphs, after “cows' milk proteins” insert “or goats' milk proteins”.

(4) In regulation 16 (naming of follow-on formula) in both paragraphs, after “cows' milk proteins” insert “or goats' milk proteins”.

F7S.R. 2007 No. 506. There are other amending regulations but none is relevant

F8OJ No L 230, 29.08.2013, p.16

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 20th January 2014.

L.S.

Julie Thompson

 A senior officer of the

Department of Health, Social Services and Public Safety

## Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Infant Formula and Follow-on Formula Regulations (Northern Ireland) 2007 in order to implement                        Commission Directive 2013/46/EU in Northern Ireland.                     

Regulation 2(3), (5) and (6) enables the use of goats' milk proteins in the manufacture of infant formula and follow-on formula.

Regulation 2(4) lowers the minimum protein levels permitted in follow-on formula manufactured from protein hydrolysates to                        bring it in line with infant formula.