Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (Northern Ireland) 2003 © Crown Copyright 2003 Statutory Rules of Northern Ireland printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Government Printer for Northern Ireland. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Government Printer for Northern Ireland imprints which should be removed from any copies of the Statutory Rule which are issued or made available to the public. This includes reproduction of the Statutory Rule on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Rule which is published by the Government Printer for Northern Ireland has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (Northern Ireland) 2003, ISBN 0337953228. The print version may be purchased by clicking here. Braille copies of this Statutory Rule can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Department of Health, Social Services and Public Safety[1] in exercise of the powers conferred on it by Articles 15(1)(a), (e) and (f), 16(1), 25(1)(a) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991[2] and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council[3] 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 and in accordance with Article 47(3) and (3B) of the said Order, hereby makes the following Regulations: Citation and commencement 1. These Regulations may be cited as the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (Northern Ireland) 2003 and shall come into operation on 6th March 2005. Interpretation 2. - (1) In these Regulations -
(2) Other expressions used in these Regulations and in the Directive have the same meaning in these Regulations as they have in the Directive.
(b) it is labelled in accordance with regulation 8.
General requirements as to manufacture and composition
(b) any omethoate, where it is a metabolite of a pesticide not specified in Schedule 6, or any product resulting from degradation or reaction of that metabolite,
at a level exceeding 0.003 mg/kg.
(b) if it is not so manufactured, as reconstituted according to its manufacturer's instructions.
(5) Analytical methods for determining levels of pesticide residues for the purposes of this regulation shall be generally acceptable standardised methods.
(b) information as to the presence or absence of gluten if the age stated pursuant to sub-paragraph (a) is less than six months; (c) the available energy value expressed in kJ and kcal, and the protein, carbohydrate and fat content, expressed in numerical form, per 100g or 100ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption; (d) the average quantity, expressed in numerical form, per 100g or 100ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption, of each mineral substance and of each vitamin in respect of which a maximum or a minimum compositional requirement is specified in -
(ii) Schedule 3 in the case of baby foods; and
(e) if preparation of the food is necessary, appropriate instructions for preparation and a statement as to the importance of following those instructions.
(2) Subject to paragraph (1)(d), no processed cereal-based food or baby food shall be labelled with the average quantity of any nutrient specified in Schedule 4 unless -
(b) in the case of a mineral substance or vitamin, it is a mineral substance or vitamin other than one referred to in paragraph (1)(d).
(3) Where, pursuant to paragraph (1)(d) or paragraph (2), any processed cereal-based food or baby food is labelled with the average quantity, per 100g or 100ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption, of any vitamin or mineral which is specified in column 1 of Schedule 8, the labelling of the food shall not express that average quantity as a percentage of the reference value specified in column 2 of Schedule 8 in relation to that vitamin or mineral unless the quantity present is equal to 15 per cent or more of the reference value.
(b) in the case of export to an EEA State, that the legislation complies with the provisions of the Directive[12].
Application of various provisions of the Order
(b) Article 4 (presumptions that food intended for human consumption); (c) Article 19 (offences due to fault of another person); (d) Article 20 (defence of due diligence) as it applies for the purposes of Articles 7, 13 or 14 of the Order; (e) Article 21 (defence of publication in the course of business); (f) Article 30(8) (which relates to documentary evidence); (g) Article 34 (obstruction, etc., of officers); (h) Article 36 (punishment of offences) in so far as it relates to offences under Article 34(1) and (2) as applied by paragraph (g).
Revocations
1. Simple cereals which are or have to be reconstituted with milk or other appropriate nutritious liquids. 2. Cereals with an added high protein food which are or have to be reconstituted with water or other protein-free liquid. 3. Pastas which are to be used after cooking in boiling water or other appropriate liquids. 4. Rusks and biscuits which are to be used either directly or, after pulverisation, with the addition of water, milk or other suitable liquids. The requirements concerning nutrients refer to the products ready for use, marketed as such or reconstituted as instructed by the manufacturer. 1. Cereal content Processed cereal-based foods are prepared primarily from one or more milled cereals and/or starchy root products. The amount of cereal and/or starchy root shall not be less than 25 per cent of the final mixture on a dry weight for weight basis. 2. Protein 2.1. For products mentioned in paragraphs 2 and 4 of Part I, the protein content shall not exceed 1.3 g/100 kJ (5.5 g/100 kcal). 2.2. For products mentioned in paragraph 2 of Part I, the added protein shall not be less than 0.48 g/100 kJ (2 g/100 kcal). 2.3. For biscuits mentioned in paragraph 4 of Part I made with the addition of a high protein food, and presented as such, the added protein shall not be less than 0.36 g/100 kJ (1.5 g/100 kcal). 2.4. The chemical index of the added protein shall be equal to at least 80 per cent of that of the reference protein (casein as defined in Schedule 2), or the protein efficiency ratio (PER) of the protein in the mixture shall be equal to at least 70 per cent of that of the reference protein. In all cases, the addition of amino acids is permitted solely for the purpose of improving the nutritional value of the protein mixture, and only in the proportions necessary for that purpose. 3. Carbohydrates 3.1. If sucrose, fructose, glucose, glucose syrups or honey are added to products mentioned in paragraphs 1 and 4 of Part I:
3.2.
If sucrose, fructose, glucose syrups or honey are added to products mentioned in paragraph 2 of Part I:
4.
Fat
(b) the amount of myristic acid shall not exceed 15 per cent of the total fat content; (c) the amount of linoleic acid (in the form of glycerides = linoleates) shall not be less than 70 mg/100 kJ (300 mg/100 kcal) and shall not exceed 285 mg/100 kJ (1200 mg/100 kcal).
5.
Minerals
5.2.
Calcium
(1) RE = all trans retinol equivalents (2) In the form of cholecalciferol, of which 10 µg = 400 i.u. of Vitamin D. These limits are also applicable if vitamins A and D are added to other processed cereal-based foods.
The requirements concerning nutrients refer to the products ready for use, marketed as such or reconstituted as instructed by the manufacturer. 1. Protein 1.1. If meat, poultry, fish, offal or other traditional source of protein are the only ingredients mentioned in the name of the product, then:
1.2.
If meat, poultry, fish, offal or other traditional source of protein, singularly or in combination, are mentioned first in the name of the product, whether or not the product is presented as a meal, then:
1.3.
If meat, poultry, fish, offal or other traditional source of protein, singularly or in combination are mentioned, but not first, in the name of the product, whether or not the product is presented as a meal, then:
1.4.
If cheese is mentioned together with other ingredients in the name of a savoury product, whether or not the product is presented as a meal, then:
1.5.
If the product is designated on the label as a meal, but does not mention meat, poultry, fish, offal or other traditional source of protein in the name of the product, the total protein in the product from all sources shall not be less than 0.7 g/100 kJ (3 g /100 kcal).
3.
Fat 5. Vitamins Vitamin A Retinol Retinyl acetate Retinyl palmitate Beta-carotene Vitamin D Vitamin D2 (= ergocalciferol) Vitamin D3 (= cholecalciferol) Vitamin B1 Thiamin hydrochloride Thiamin mononitrate Vitamin B2 Riboflavin Riboflavin-5'-phosphate, sodium Niacin Nicotinamide Nicotinic acid Vitamin B6 Pyridoxine hydrochloride Pyridoxine-5-phosphate Pyridoxine dipalmitate Pantothenic acid D-pantothenate, calcium D-pantothenate, sodium Dexpanthenol Folate Folic acid Vitamin B12 Cyanocobalamin Hydroxocobalamin Biotin D-biotin Vitamin C L-ascorbic acid Sodium L-ascorbate Calcium L-ascorbate 6-palmityl-L-ascorbic acid (ascorbyl palmitate) Potassium ascorbate Vitamin K Phylloquinone (phytomenadione) Vitamin E D-alpha tocopherol DL-alpha tocopherol D-alpha tocopherol acetate DL-alpha tocopherol acetate 6. Amino acids L-arginine } L-cystine } L-histidine } L-isoleucine } and their hydrochlorides L-leucine } L-lysine } L-cysteine } L-methionine L-phenylalanine L-threonine L-tryptophan L-tyrosine L-valine 7. Others Choline Choline chloride Choline citrate Choline bitartrate Inositol L-carnitine L-carnitine hydrochloride 8. Salts of minerals and trace elements Calcium Calcium carbonate Calcium chloride Calcium salts of citric acid Calcium gluconate Calcium glycerophosphate Calcium lactate Calcium oxide Calcium hydroxide Calcium salts of orthophosphoric acid Magnesium Magnesium carbonate Magnesium chloride Magnesium salts of citric acid Magnesium gluconate Magnesium oxide Magnesium hydroxide Magnesium salts of orthophosphoric acid Magnesium sulphate Magnesium lactate Magnesium glycerophosphate Potassium Potassium chloride Potassium salts of citric acid Potassium gluconate Potassium lactate Potassium glycerophosphate Iron Ferrous citrate Ferric ammonium citrate Ferrous gluconate Ferrous lactate Ferrous sulphate Ferrous fumarate Ferric diphosphate (ferric pyrophosphate) Elemental iron (carbonyl + electrolytic + hydrogen-reduced) Ferric saccharate Sodium ferric diphosphate Ferrous carbonate Copper Copper-lysine complex Cupric carbonate Cupric citrate Cupric gluconate Cupric sulphate Zinc Zinc acetate Zinc citrate Zinc lactate Zinc sulphate Zinc oxide Zinc gluconate Manganese Manganese carbonate Manganese chloride Manganese citrate Manganese gluconate Manganese sulphate Manganese glycerophosphate Iodine Sodium iodide Potassium iodide Potassium iodate Sodium iodate
(1) Unless otherwise stated in column 2 of Part I or column 3 of Part II, the maximum limits specified in those columns apply to food ready for use, whether marketed as such or reconstituted as instructed by the manufacturer. (2) RE = all trans retinol equivalents. Chemical name Aldrin and dieldrin, expressed as dieldrin Disulfoton (sum of disulfoton, disulfoton sulfoxide and disulfoton sulfone expressed as disulfoton) Endrin Fensulfothion (sum of fensulfothion, its oxygen analogue and their sulfones, expressed as fensulfothion) Fentin, expressed as triphenyltin cation Haloxyfop (sum of haloxyfop, its salts and esters including conjugates, expressed as haloxyfop) Heptachlor and trans-heptachlor epoxide, expressed as heptachlor Hexachlorobenzene Nitrofen Omethoate Terbufos (sum of terbufos, its sulfoxide and sulfone, expressed as terbufos)
(This note is not part of the Regulations.) These Regulations provide for the continued implementation of Commission Directive 96/5/EC on processed cereal-based foods and baby foods for infants and young children, as amended by Commission Directives 1998/36/EC, 1999/39/EC and 2003/13/EC. These Regulations, which revoke and replace the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (Northern Ireland) 1997, as amended -
(b) prohibit the sale of processed cereal-based foods and baby foods for infants and young children unless they comply with the manufacturing and compositional requirements in regulations 5 to 7 and the labelling requirements in regulation 8 (regulation 4); (c) specify the enforcement authority (regulation 9); (d) create an offence and prescribe a penalty; the offence provision now relates only to a contravention of the restrictions on sale in regulation 4 (regulation 10); (e) provide a defence in relation to exports in accordance with Articles 2 and 3 of Council Directive 89/397/EEC (O.J. No. L186, 30.6.89, p. 23) on the official control of foodstuffs (regulation 11); (f) apply certain provisions of the Food Safety (Northern Ireland) Order 1991 (regulation 12); and (g) contain a revocation provision (regulation 13).
In implementation of Directive 2003/13/EC these Regulations prohibit the sale of processed cereal-based foods and baby foods for infants and young children if those foods contain pesticide residues above certain levels. Different levels are set depending on the pesticide in question (regulation 7 and Schedules 6 and 7). In implementation of the final sentence of Article 6(2) of Directive 96/5/EC as substituted by Directive 1999/39/EC, provision is made as to analytical methods (regulation 7(5)). Notes: [1] Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I. 1), Article 3back [2] S.I. 1991/762 (N.I. 7) as amended by S.I. 1996 /1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28back [3] O.J. No. L31, 1.2.2002, p. 1back [4] O.J. No. L49, 28.2.96, p. 17back [5] O.J. No. L167, 12.6.98, p. 23back [6] O.J. No. L124, 18.5.1999, p. 8back [7] O.J. No. L41, 14.2.2003, p. 33back [8] O.J. No. L1, 3.1.94, p. 1back [9] O.J. No. L1, 3.1.94. p. 571back [10] O.J. No. L230, 19.8.91, p. 1back [11] S.R. 1996 No. 383; the relevant amending Regulations are S.R. 1998 No. 253, S.R .1999 Nos. 143, 244 and 286, S.R. 2000 Nos. 189 and 303, S.R. 2001 No. 45 and S.R. 2003 Nos.159 and 448back [12] As adopted by the EEA Joint Committee Decisions No. 32/2002 (O.J. No. L154, 13.6.2002, p. 12) and 107/2003back
ISBN 0 33 795322 8
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