Community
Provisions (Food Supplements) (Jersey) Regulations 2014
THE STATES, in pursuance of Article 2
of the European Communities Legislation (Implementation) (Jersey)
Law 1996, have made the following Regulations –
Commencement [see endnotes]
1 Interpretation
(1) In these Regulations,
except where the context otherwise requires –
“1966 Law” means the Food Safety (Jersey) Law 1966;
“authorized officer” has the same meaning as in
the 1966 Law;
“catering establishment” means a restaurant, canteen,
club, public house, school, hospital or similar establishment (including a
vehicle or a fixed or mobile stall) where, in the course of a business, food is
prepared for delivery to the consumer and is ready for consumption without
further preparation;
“dose form” means a form such as capsules, pastilles,
tablets, pills and other similar forms, sachets of powder, ampoules of liquids,
drop dispensing bottles, and other similar forms of liquids and powders
designed to be taken in measured small unit quantities;
“food supplement” means a foodstuff –
(a) the
purpose of which is to supplement the normal diet;
(b) which
is a concentrated source of nutrients or other substances with a nutritional or
physiological effect, alone or in combination; and
(c) which
is sold in dose form;
“entertainment” includes any social gathering,
amusement, exhibition, performance, game, sport or trial of skill;
“Food Supplements Directive” means
Directive 2002/46/EC of the European Parliament and of the Council of 10th
June 2002 on the approximation of the laws of the Member States relating
to food supplements (OJ L 183, 12.7.2002. p.51), as amended up to 5th
December 2011[1];
“medicinal product” has the same meaning as in
Directive 2001/83/EC of the European Parliament and of the Council of
6 November 2001 on the Community code relating to medicinal products
for human use (OJ L 311, 28.11.2001, p.67) as amended up to 16th
November 2012[2];
“Minister” means the Minister for Health and Social
Services;
“preparation” includes manufacture and any form of
processing or treatment, and “prepared” shall be construed
accordingly;
“ultimate consumer” means any person who purchases
otherwise than –
(a) for
the purposes of resale;
(b) for
the purposes of a catering establishment; or
(c) for
the purposes of a manufacturing business.
(2) A food supplement shall
be regarded as prepacked for the purposes of these Regulations if –
(a) it is
ready for sale to the ultimate consumer or to a catering establishment; and
(b) it is
put into packaging before being offered for sale in such a way that the food
supplement cannot be altered without opening or changing the package.
(3) For the purposes of
these Regulations a reference to sale includes –
(a) possession
for sale, and offering, exposing or advertising for sale; and
(b) supply,
otherwise than by sale, in the course of a business.
(4) These Regulations
apply –
(a) in
relation to a food supplement which is offered as a prize or reward or given
away in connection with any entertainment to which the public are admitted,
whether or not on payment of money, as if the food supplement were or had been
exposed for sale by each person concerned in the organization of the
entertainment;
(b) in
relation to any food supplement which, for the purpose of advertisement or in
furtherance of any trade or business, is offered as a prize or reward or given
away, as if the food supplement were or had been exposed for sale by the person
offering it or giving it away; and
(c) in
relation to any food supplement which is exposed or deposited in any premises
for the purposes of being offered or given away as described in sub-paragraph (a)
or (b), as if the food supplement were or had been exposed for sale by the
occupier of the premises.
(5) In these Regulations,
except where the context otherwise requires, a reference to an Annex by number
is a reference to the Annex of that number to the Food Supplements Directive.
(6) Other expressions used
in these Regulations and in the Food Supplements Directive have the same
meaning as in that Directive.
2 Application
(1) These Regulations apply
to food supplements sold as foodstuffs and presented as such.
(2) These Regulations apply
to the sale of such food supplements within the Community.
(3) For the purposes of
paragraph (2), “Community” includes the Channel Islands and
Isle of Man.
(4) These Regulations do
not apply to medicinal products.
3 Requirement
for prepackaging
No person shall sell any food supplement to the ultimate consumer
unless it is prepacked.
4 Restriction
on vitamins and minerals that may be used in the manufacture of food
supplements
(1) No person shall sell a
food supplement in the manufacture of which a vitamin or mineral has been used
unless that vitamin or mineral –
(a) is
listed in Annex I; and
(b) is in
a form which –
(i) is listed in
Annex II, and
(ii) satisfies
the relevant purity criteria.
(2) For the purposes of
paragraph (1)(b)(ii) the relevant purity criteria are the generally
acceptable purity criteria for the substance in question recommended by
international bodies.
5 Required
particulars of food supplements
(1) No person shall sell a
food supplement which is ready for delivery to the ultimate consumer or to a
catering establishment unless the name under which it is sold is “food
supplement”.
(2) Without prejudice to
the requirements of any Order made under Article 9 of
the 1966 Law, no person shall sell a food supplement which is ready
for delivery to the ultimate consumer or to a catering establishment unless it
is marked or labelled with the following particulars –
(a) the
names of the category of any vitamin or mineral or other substance with a
nutritional or physiological effect which characterises the product or an
indication of the nature of that vitamin or mineral or other substance;
(b) the
portion of the food supplement recommended for daily consumption;
(c) a
warning not to exceed the stated recommended daily dose;
(d) a
statement to the effect that food supplements should not be used as a
substitute for a varied diet;
(e) a
statement to the effect that the food supplement should be stored out of the
reach of young children; and
(f) the
amount of any vitamin or mineral or other substance with a nutritional or
physiological effect which is present in the product.
(3) The information
required by paragraph (2)(f) –
(a) shall
be given in numerical form and, where the vitamin or mineral is listed in
Annex I, using the units specified for the vitamin or mineral in that
Annex;
(b) shall
be the amount of the vitamin or mineral contained in the size of portion of the
food supplement that is recommended, on the labelling, for daily consumption;
(c) shall
be an average amount, based on the manufacturer’s analysis of the food
supplement; and
(d) where
the vitamin or mineral is listed in Annex I to Council Directive
90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs
(OJ L 276, 6.10.1990, p.40-44), as amended up to 11th December 2008[3], shall also be expressed as
a percentage of the relevant recommended daily allowance specified in that
Annex, and may be given in graphical form.
(4) No person shall sell
any food supplement which is ready for delivery to the ultimate consumer or to
a catering establishment if the labelling, presentation or advertising of that
food supplement includes any mention, express or implied, that a balanced and
varied diet cannot provide appropriate quantities of nutrients in general.
6 Clarity
of marking or labelling of particulars
No person shall sell any food supplement which is ready for delivery
to the ultimate consumer or to a catering establishment unless the particulars
with which it is required to be marked or labelled by virtue of
Regulation 5(2) –
(a) are easy to understand,
clearly legible and indelible;
(b) are not hidden, obscured
or interrupted by any other written or pictorial matter; and
(c) when the food
supplement is sold to the ultimate consumer, are marked in a conspicuous place
in such a way as to be easily visible.
7 Placement
of marking or labelling of food supplements for consumers or prepacked
(1) No person shall sell
any food supplement which –
(a) is
ready for delivery to the ultimate consumer; or
(b) is
ready for delivery to a catering establishment and is prepacked,
unless the particulars required by Regulation 5(2) are marked
or labelled in accordance with paragraph (2).
(2) Except as permitted by
paragraph (3), the particulars must appear –
(a) on
the packaging;
(b) on a
label attached to the packaging; or
(c) on a
label which is clearly visible through the packaging.
(3) Where the sale is
otherwise than to the ultimate consumer, the particulars may, alternatively,
appear only on the commercial documents relating to the food supplement
provided that those documents, containing those particulars –
(a) accompany
the food supplement; or
(b) were
sent before or at the same time as delivery of the food supplement.
8 Placement
of marking or labelling of food supplements for catering establishments and not
prepacked
No person shall sell any food supplement which is ready for delivery
to a catering establishment and is not prepacked, unless the particulars with
which it is required to be marked or labelled by virtue of Regulation 5(2)
appear –
(a) on a label attached to
the food supplement;
(b) on a ticket or notice
which is readily discernable to the intending purchaser at the place where he
or she chooses the food supplement; or
(c) in commercial documents
relating to the food supplement, where it can be guaranteed that such
documents –
(i) accompany
the food supplement, or
(ii) were
sent before or at the same time as delivery of the food supplement.
9 Offences
(1) A person who
contravenes Regulation 3, 4, 5, 6, 7, or 8 is guilty of an offence and
liable to a fine of level 3 on the standard scale.[4]
(2) Where an offence under
this Regulation committed by a limited liability partnership or a separate
limited partnership or by an incorporated limited partnership or other body
corporate is proved to have been committed with the consent or connivance
of –
(a) in
the case of a limited liability partnership, a person who is a partner of the
partnership;
(b) in
the case of a separate limited partnership or an incorporated limited
partnership –
(i) a general
partner, or
(ii) a
limited partner who is participating in the management of the partnership;
(c) in
the case of a body corporate other than an incorporated limited partnership, a
director, manager, secretary or other similar officer of the body corporate; or
(d) any
person purporting to act in any capacity described in sub-paragraphs (a)
to (c),
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(3) If the affairs of a
body corporate are managed by its members, paragraph (2) shall apply in
relation to acts and defaults of a member in connection with his or her
functions of management as if the member were a director of the body corporate.
10 Application of provisions of the 1966 Law
(1) An authorized officer
shall have the same powers, upon the same terms, for the purposes of
enforcement of these Regulations as the officer has, by virtue of the following
provisions of the 1966 Law, for the purposes of enforcement of that
Law –
(a) Article 33(1),
(2), (5), (6) and (7);
(b) Articles 34,
35, 38 and 41;
(c) subject
to paragraph (2), Article 41; and
(d) subject
to paragraph (3), Article 42, with the omission of paragraph (1)(a).
(2) Article 41 of
the 1966 Law is modified in its application for the purposes described in
paragraph (1) so as to insert the following paragraphs after paragraph (3) –
“(3A) An authorized officer entering premises by
virtue of this Article, or of a warrant granted under it, for the purposes of
the enforcement of the Community Provisions (Food Supplements) (Jersey)
Regulations 2014, may inspect any records (in whatever form they are held)
relating to a food business and, where any such records are stored in
electronic form –
(a) may have access to, and inspect and check
the operation of, any computer and any associated apparatus or material which
is or has been in use in connection with the records; and
(b) may require any person having charge of or
otherwise concerned with the operation of, the computer, apparatus or material
to afford the authorized officer such assistance as he or she may reasonably
require.
(3B) An authorized officer exercising any power conferred by
paragraph (3A) may –
(a) seize and detain any records which he or she
has reason to believe may be required as evidence in proceedings under the Community
Provisions (Food Supplements) (Jersey) Regulations 2014; and
(b) where the records are stored in any
electronic form, may require the records to be produced in a form in which they
may be taken away.”.
(3) In Article 42(2)
of the 1966 Law as it is applied for the purposes described in
paragraph (1), the reference to Article 41(2) to (4) of
the 1966 Law is a reference to the provisions of that Article as
modified by paragraph (2) of this Regulation.
(4) The following
provisions of the 1966 Law apply for the purposes of these
Regulations with the modification that any reference in them to that Law or a
provision of that Law is to be read as a reference to these
Regulations –
(a) in
Article 1, any definition, to the extent that is required for the purposes
of the application, by this Regulation, of the 1966 Law or any
provision of that Law;
(b) Article 3(5);
(c) Article 7;
(d) Article 44(1),
(2) and (3);
(e) Article 48(1);
(f) Article 49;
(g) Article 50;
(h) Article 51;
(i) Article 52;
(j) Article 59;
(k) Article 60(1),
(2) and (4) to (7).
(5) Notwithstanding
paragraph (4)(a), where a provision of the 1966 Law applied by
this Regulation contains an expression for which provision is made in
Regulation 1, the expression, in the provision of the 1966 Law
as so applied, is to be construed in accordance with Regulation 1.
11 Defence
in proceedings under 1966 Law
Nothing in Article 8 of the 1966 Law or in an Order
made under Article 9 of the 1966 Law makes it an offence to do
any thing in compliance with these Regulations.
12 Citation and transitional
arrangements
(1) These Regulations may
be cited as the Community Provisions (Food Supplements) (Jersey)
Regulations 2014.
(2) These Regulations apply
to the sale of food supplements whether manufactured, packed, marked or
labelled before or after these Regulations come into force.
(3) Notwithstanding
paragraph (2), these Regulations shall not apply to the sale of food
supplements to a person in Jersey or the Bailiwick of Guernsey before the
expiry of 2 years following 3rd July 2014.