Following the end of the Brexit transition period on December 31, 2020, the UK government has updated its guidance for food businesses around health and nutrition claims now that the UK and EU are operating two separate legal and regulatory systems.
On 30 December 2006, a Regulation of the European Parliament and of the Council of the European Union on nutrition and health claims made on foods was published. On 1 January 2021 ‘The Nutrition (Amendment etc.) (EU Exit) Regulations 2019’ and ‘The Nutrition (Amendment etc.) (EU Exit) Regulations 2020’ transferred responsibilities from EU organisations involved in the risk assessment and risk management processes covered by nutrition legislation to bodies in Great Britain (GB); and fixed inoperability’s of retained Regulation (EC) 1924/2006 that would otherwise have arisen. This guidance is due to be updated to fully incorporate the exit bulletin and any previous legislative changes.
The government advice says:
“Following the UK’s departure from the EU on 31 January 2020, the UK entered a time-limited transition period until 31 December 2020. Now the transition period has ended, regulation is an autonomous matter for both the UK and EU as 2 separate legal and regulatory systems. The government remains committed to promoting robust food standards nationally and internationally, to protect consumer interests, and to ensure that consumers can have confidence in the food they buy.”
“This guidance is designed to help food businesses comply with the regulations if they choose to make a nutrition or health claim on their food product. It also explains the requirements for authorisation of new claims. The guidance may be read from cover to cover, but you might find it useful to begin by reading the sections immediately relevant to your questions. Food business operators with specific questions may wish to seek advice from their local food law enforcement agency which will usually be the trading standards or environmental health department of their local authority.”
To see the full UK government guidance, updated on 11 January 2021, click here