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provide
that a specified Community instrument relating to food supplements
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shall not have effect in the
United Kingdom notwithstanding the provisions of |
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the European Communities Act
1972; to revoke secondary legislation giving |
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effect in the United Kingdom
to that instrument; to amend the Food Safety Act |
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1990 in relation to food supplements;
and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Community
instrument relating to food supplements not to have effect in
the |
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Notwithstanding the provisions
of the European Communities Act 1972
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(a) |
Directive 2002/46/EC of the
European Parliament and of the Council |
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of 10 June 2002 on the approximation
of the laws of the member States |
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relating to food supplements
(“the instrument”), and |
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(b) |
any judgment of the European
Court of Justice relating to the |
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shall not have effect in the United Kingdom. |
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2 |
Revocation
of secondary legislation giving effect in the United Kingdom to
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The following regulations
are revoked— |
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(a) |
the Food Supplements (England)
Regulations 2003 (S.I., 2003, No. |
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(b) |
the Food Supplements (Wales)
Regulations 2003 (S.I., 2003, No. 1719 |
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(c) |
the Food Supplements (Scotland)
Regulations 2003 (S.S.I., 2003, No. |
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(d) |
the Food Supplements Regulations
(Northern Ireland) 2003 (S.R.(N.I.), |
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3 |
Amendment
of Food Safety Act 1990 |
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(1) |
The Food
Safety Act 1990 (c. 16) is amended as follows. |
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(2) |
In section 17 (enforcement
of Community provisions) after subsection (1) there |
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“(1A) |
Directive 2002/46/EC of
the European Parliament and of the Council |
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of
10 June 2002 on the approximation of the laws of the member States
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relating
to food supplements is not a Community obligation for the |
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purposes
of this section.” |
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(3) |
After section 18 there is
inserted— |
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(1) |
The appropriate authority
shall make regulations— |
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(a) |
prohibiting the sale of
any food supplement in the manufacture |
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of
which a vitamin or mineral has been used unless that vitamin |
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(i) |
is authorised for use
in the manufacture of food |
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(ii) |
is in a form which is
so authorised and meets such |
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purity
criteria as shall be specified; and |
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(b) |
making such other provision
relating to food supplements as it |
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(2) |
Before making regulations
under subsection (1) the appropriate |
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(a) |
such persons or bodies as
appear to it to be representative of the |
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interests
of complementary medicine, and |
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(b) |
such other persons or bodies
as it considers appropriate. |
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(3) |
In this section ‘the
appropriate authority’ means— |
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(a) |
the Secretary of State (in
relation to England); |
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(b) |
the National Assembly for
Wales (in relation to Wales); |
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(c) |
the Scottish Ministers (in
relation to Scotland); and |
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(d) |
the Department of Health,
Social Services and Public Safety (in |
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relation
to Northern Ireland).” |
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4 |
Short
title and commencement |
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(1) |
This Act may be cited as
the Food Supplements (European Communities Act |
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1972 Disapplication) Act
2005. |
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(2) |
This Act extends to Northern
Ireland. |
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