S.I. No. 331/1991 - Health (Foods For Particular Nutritional Uses) Regulations, 1991.

1. Infant formulae.

2. Follow-up milk and other follow-up foods.

3. Baby foods.

4. Low-energy and energy-reduced foods intended for weight control.

5. Dietary foods for special medical purposes.

6. Low-sodium foods, including low-sodium or sodium-free dietary salts.

7. Gluten-free foods.

8. Foods intended to meet the expenditure of intense muscular effort, especially for sportsmen.

9. Foods for persons suffering from carbohydrate-metabolism disorders (diabetes).

GIVEN under the Official Seal of the Minister for Health, this 16th

day of December, 1991.

MARY O'ROURKE,

Minister for Health.

EXPLANATORY NOTE.

These regulations revoke the Health (Foods for Particular Nutritional Uses) Regulations 1982 (

S.I. No. 272 of 1982

) and bring into effect revised regulations. The purpose of the revised regulations is to prevent persons making a claim in the labelling or advertising of food in relation to fulfilling particular nutritional characteristics unless the food is capable of fulfilling the characteristics and criteria as laid down in these regulations. Provision is also made for the regulation of claims in relation to labelling and advertising of new foods. The importation, manufacture, preparation, distribution or sale of food contrary to these regulations is also prohibited. Authorised officers are also empowered to seize, detain and dispose of foods which have been certified as not complying with these regulations, in certain circumstances.

These regulations cited as the Health (Food for Particular Nutritional Uses) Regulations, 1991 came into effect from 31st December, 1991.

10. (1) Where a sample of any food has been certified under the Health (Official Control of Food) Regulations, 1991 (

S.I. No. 332 of 1991

) not to comply with these Regulations, an authorised officer may seize, remove and detain such food as being food which is unfit for human consumption.

(2) With the consent in writing of the owner or person responsible for such food, an authorised officer may destroy or otherwise dispose of it so as to prevent its use for human consumption.

(3) An authorised officer who has seized any food in pursuance of this article may, on giving notice in writing to the owner or person responsible for such food of his intention to do so, apply to a Justice of the District Court for an order directing that such food be destroyed or otherwise disposed of as being food which is unfit for human consumption.

(4) A Justice of the District Court to whom the application is made for an order under sub-article (3) of this article shall, if satisfied that such food does not comply with these Regulations, order that it be destroyed or otherwise disposed of after such period, not exceeding fourteen days, as may be specified in such order, as being food which is unfit for human consumption and an authorised officer shall destroy or dispose of it accordingly.

11. A person shall give to any authorised officer all reasonable assistance that the officer may require in the performance of his duties under these Regulations and such assistance shall include the giving of information in relation to the composition and use of any such food and the identity of the person from whom or the place from which any such food has been obtained and the person to whom and the place to which it has been consigned or the manner in which it has otherwise been disposed of.

FIRST SCHEDULE

Energy Statement.

"Energy statement" means a statement of:—

(

a

) the energy value expressed in kilojoules and kilocalories, of each hundred grammes or hundred millilitres of the food, and any part thereof, as is appropriate, and

(

b

) the amount of carbohydrates, protein and fat contained in each hundred grammes or hundred millilitres of the food, and any part thereof, as is appropriate.

SECOND SCHEDULE.

S.I. No. 331 of 1991.

HEALTH (FOODS FOR PARTICULAR NUTRITIONAL USES) REGULATIONS, 1991.

The Minister for Health, in exercise of the powers conferred on her by

sections 5

,

54

and

59

of the

Health Act, 1947

(No. 28 of 1947) (as amended by the European Communities (

Health Act, 1947

, Amendment of sections 54 and 61) Regulations 1991 subsection (3) of section 38 of the Health Act of 1953 (No. 26 of 1953) and

section 6

of the

Health Act, 1970

(No. 1 of 1970 ) and, after consultation with the Minister for Industry and Commerce and the Minister for Agriculture and Food, hereby makes the following Regulations:—