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Health Foods: Channel Islands

Volume 496: debated on Thursday 16 July 2009

To ask the Secretary of State for Health (1) pursuant to the contribution of the Minister of State for Health of 5 May 2009, Official Report, column 54WH, in the Westminster Hall debate on health food products (Channel Islands), what further information he has received on (a) a timetable for the implementation of the food supplements directive and nutrition and health claims regulation in Jersey and (b) the plans of the authorities in Guernsey to implement the legislation; and if he will make a statement; (284938)

(2) whether the Food Standards Agency has been asked by the Government of Jersey to provide an opinion on whether the definition of food business operator includes fulfilment businesses; and if he will make a statement.

The FSA is awaiting responses from the Government of Jersey regarding their timetable for implementing the food supplements directive and the nutrition and health claims regulation and from the Government of Guernsey about their plans for the implementation of this legislation.

In September 2008, an official of the Government of Jersey sought the view of the FSA as to the status of businesses trading in foodstuffs which never physically fall into their possession. In its response, the FSA advised that as the definition of ‘food business’ in Regulation (EC) 178/2002 (General Food Law) refers to

“activities related to any stage of production, processing and distribution of food”

this would not preclude businesses of the type mentioned from falling under the definition and, hence, being subject to relevant food law.