Draft Agency Guidance Notes on the Infant Formula and Follow-on Formula (Scotland) Regulations 2007

Draft guidance notes
The Agency is consulting on draft guidance notes that aim to help industry, enforcement officers and other interested parties interpret the provisions of the Infant Formula and Follow-on Formula Regulations 2007 (further information about the regulations, and the European legislation that they implement, is provided in the details of the previous consultation at the link below). The draft guidance notes:

• focus mainly on the provisions of the regulations which relate to labelling, notification, avoidance of risk of confusion between infant formula and follow-on formula, advertising, promotion, and the provision of information and education relating to infant and child feeding
• replace any LACORS guidance notes on infant formula and follow-on formula and supersede any previous views expressed by the Agency on the interpretation of the regulations that relate to the issues mentioned above
• reflect the Agency view on how the regulations should be interpreted and thereby help to promote consistent enforcement
• apply to parallel infant formula and follow-on formula regulations in England, Scotland, Wales and Northern Ireland

The guidance notes will be finalised in early 2008, in the light of comments submitted to the Agency during the consultation

Background: European infant formula and follow-on formula legislation
Commission Directive 2006/141/EC on infant formula and follow-on formula and amending Directive 1999/21/EC, was published on 30 December 2006 (OJ No. L401, 30.12.2006, p.1). The directive required EU Member States to adopt and publish, by 31 December 2007 at the latest, laws and administrative provisions to implement the directive at a national level. A copy of the directive can be found at the European Union website.

Directive 2006/141/EC seeks, in summary, to ensure that:

• the essential composition of infant formulae and follow-on formulae satisfy the nutritional requirements of infants in good health as established by generally-accepted scientific data
• the labelling of infant formulae and follow-on formulae allows the proper use of such products and promotes and protects breastfeeding
• the rules on composition, labelling and advertising are in line with the principles and aims of the International Code of Marketing of Breast-Milk Substitutes
• information provided to carers about infant feeding does not counter the promotion of breastfeeding

The directive repeals and replaces Directive 91/321/EEC, as amended (the previous European legislation to control the composition, labelling and marketing of infant formulae and follow-on formulae placed on the market within the EU).

The Agency has consulted on draft Infant Formula and Follow-on Formula Regulations 2007, which will implement the directive in domestic law and replace our current domestic regulations. Separate, but parallel, legislation will be implemented in England, Wales and Northern Ireland to achieve this. The regulations will revoke and replace existing domestic infant formula and follow-on formula regulations.

The link below contains details of the Agency consultation on the draft regulations and includes a summary of stakeholder comments on the proposals and the Agency responses to these comments.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. Responses will be open to public access upon request. The FSA will also publish a summary of responses, which may include personal data, such as your full name and contact address details. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact Judith Taylor, the FSA Consultation Co-ordinator, on 020 7276 8633.
Email: judith.taylor@foodstandards.gsi.gov.uk