The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 establish a domestic legal framework for nutrition and food supplement regulation following the United Kingdom’s withdrawal from the European Union. The Regulations transfer a range of legislative and decision-making functions previously exercised by the European Commission to domestic authorities, including the Secretary of State, the Scottish Ministers and the Welsh Ministers. Part 2 creates a standalone regime governing food supplements by establishing Schedules listing the vitamins, minerals and authorised vitamin and mineral substances that may be used in their manufacture, while empowering the relevant authorities to prescribe purity criteria and determine maximum and minimum levels of vitamins and minerals through secondary legislation. The instrument also sets out procedural requirements for the exercise of those regulatory powers and allocates competence among the national administrations. The Regulations make extensive consequential amendments to existing domestic legislation relating to food supplements, medical foods, infant formulae, food for specific groups and other nutrition-related products. References to EU institutions, directives and procedures are replaced with domestic concepts, retained EU law mechanisms and devolved administrative structures. Numerous regulatory provisions are revised to ensure their continued operability following EU exit, including provisions concerning product composition, labelling, notification requirements, authorisation processes and enforcement arrangements. The amendments preserve regulatory continuity while replacing EU governance structures with frameworks based on domestic competent authorities and expert committees. Parts 4 and 5 amend a substantial body of retained EU legislation concerning nutrition and health claims, the addition of vitamins and minerals to foods, foods for specific groups, food supplements and food for special medical purposes. Functions formerly exercised by the European Commission and the European Food Safety Authority are transferred to domestic authorities supported by expert committee advice. The Regulations confer powers to establish and amend nutrient profiles, health claims registers, authorised claims lists and lists of permissible substances. They also modify authorisation, review and data protection procedures and revoke or amend numerous EU implementing and delegated acts to replace references to the European Union and Member States with provisions applicable within Great Britain. The Schedules contain detailed lists of authorised vitamins, minerals and nutrient substances used in food supplements, including later additions such as magnesium L-threonate monohydrate. The explanatory note states that the instrument is intended to remedy deficiencies in retained EU law arising from Brexit and to ensure the continued effective operation of the nutrition regulatory regime.
United Kingdom of Great Britain and Northern Ireland · 2019-03-22