The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003

law://uk/uksi/2003/3207@2026-11-12

Contents

1Title, application and commencement#

These Regulations may be cited as the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003; they apply in relation to England only and come into force on 6th March 2005.

2Interpretation#

(1)In these Regulations—

(2)Other expressions used in these Regulations and in the Directive have the same meaning in these Regulations as they have in the Directive.

(3)Where any Schedule contains any note, the provisions of that Schedule shall be interpreted and applied in accordance with such note.

• “the Act” means the Food Safety Act 1990;• “baby foods” means foods for particular nutritional use fulfilling the particular requirements of infants and young children in good health and intended for use by infants while they are being weaned, and by young children as a supplement to their diet or for their progressive adaptation to ordinary food, but excludes processed cereal-based foods;• “the Directive” means Commission Directive 2006/125/EC on processed cereal-based foods and baby foods for infants and young children;• “EEA Agreement” means the Agreement on the European Economic Area ^note signed at Oporto on 2nd May 1992 as adjusted by the Protocol ^note signed at Brussels on 17th March 1993;• “EEA State” means a State which is a Contracting Party to the EEA Agreement;• “food authority” does not include—(a) the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change; or(b) the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);• “infants” means children under the age of twelve months;• “pesticide residue” which has the same meaning as in Article 2 (1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, and “residue” shall be read in accordance with Article 3(1) of that Regulation, including its metabolites and products resulting from its degradation or reaction;• “processed cereal-based foods” means foods for particular nutritional use within the categories specified in Part I of Schedule 1 fulfilling the particular requirements of infants and young children in good health and intended for use by infants while they are being weaned, and by young children as a supplement to their diet or for their progressive adaptation to ordinary food;• “sell” includes possess for sale and offer, expose or advertise for sale , and “sold” is to be construed accordingly; and• “young children” means children aged between one and three years.

3Exemption#

These Regulations shall not apply to any baby food which is a milk intended for young children.

4Restrictions on the sale of processed cereal-based foods and baby foods#

No person shall sell any processed cereal-based food or baby food unless—

(a)it complies with the requirements of regulations 5 to 7 as to manufacture and composition; and

(b)it is labelled in accordance with regulation 8.

5General requirements as to manufacture and composition#

(1)No processed cereal-based food or baby food shall be manufactured from any ingredient other than those whose suitability for particular nutritional use by infants and young children has been established by generally accepted scientific data.

(2)No processed cereal-based food or baby food shall contain any substance in such quantity as to endanger the health of infants or young children.

(3)The composition of a processed cereal-based food shall comply with the criteria specified in Part II of Schedule 1 as read with Schedule 2.

(4)The composition of a baby food shall comply with the criteria specified in Schedule 3.

6Added nutritional substances and nutrients#

(1)In the manufacture of any processed cereal-based food or baby food, no nutritional substance shall be added other than a nutritional substance specified in Schedule 4.

(2)No processed cereal-based food or baby food shall contain any added nutrient specified in column 1 of Part I of Schedule 5 in an amount exceeding the maximum limit specified opposite that nutrient in column 2 of that Part.

(3)No processed cereal-based food or baby food specified in column 1 of Part II of Schedule 5 shall contain any added nutrient specified opposite that food in column 2 of that Part in an amount exceeding the maximum limit specified opposite that food in column 3 of that Part.

7Pesticide residues#

(1)No processed cereal-based food or baby food shall contain—

(a)any pesticide residue of a pesticide specified in Schedule 6; or

(b)any omethoate, where it is a metabolite of a pesticide not specified in Schedule 6, or any product resulting from degradation or reaction of that metabolite,

at a level exceeding 0.003 mg/kg.

(2)No processed cereal-based food or baby food shall contain any pesticide residue of a pesticide specified in column 1 of Schedule 7 at a level exceeding that specified in column 2 of that Schedule in relation to that pesticide.

(3)No processed cereal-based food or baby food shall contain any pesticide residue of any individual pesticide which is not specified in Schedule 6 or column 1 of Schedule 7 at a level exceeding 0.01 mg/kg.

(4)The levels referred to in paragraphs (1) to (3) apply to the processed cereal-based food or baby food—

(a)manufactured as ready for consumption, or

(b)if it is not so manufactured, as reconstituted according to its manufacturer’s instructions.

(5)Analytical methods for determining levels of pesticide residues for the purposes of this regulation shall be generally acceptable standardised methods.

8Labelling#

(1)Without prejudice to the generality of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, processed cereal-based foods and baby foods shall be labelled with the following particulars—

(a)a statement as to the appropriate age (which shall be not less than four months) from which the food may be used, regard being had to its composition, texture or other particular properties;

(b)information as to the presence or absence of gluten if the age stated pursuant to sub-paragraph (a) is less than six months;

(c)the available energy value expressed in kJ and kcal, and the protein, carbohydrate and fat content, expressed in numerical form, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption;

(d)the average quantity, expressed in numerical form, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption, of each mineral substance and of each vitamin in respect of which a maximum or a minimum compositional requirement is specified in—

(i)Part II of Schedule 1 in the case of processed cereal-based foods; and

(ii)Schedule 3 in the case of baby foods; and

(e)if preparation of the food is necessary, appropriate instructions for preparation and a statement as to the importance of following those instructions.

(2)Subject to paragraph (1)(d), no processed cereal-based food or baby food shall be labelled with the average quantity of any nutrient specified in Schedule 4 unless—

(a)that average quantity is expressed in numerical form, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption; and

(b)in the case of a mineral substance or vitamin, it is a mineral substance or vitamin other than one referred to in paragraph (1)(d).

(3)Where, pursuant to paragraph (1)(d) or paragraph (2), any processed cereal-based food or baby food is labelled with the average quantity, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption, of any vitamin or mineral which is specified in column 1 of Schedule 8, the labelling of the food shall not express that average quantity as a percentage of the reference value specified in column 2 of Schedule 8 in relation to that vitamin or mineral unless the quantity present is equal to 15 per cent or more of the reference value.

9Enforcement#

(1)Except where paragraph (2) applies, each food authority shall enforce and execute these Regulations in its area.

(2)Each port health authority shall enforce and execute these Regulations in its district in relation to imported food.

10Offence and penalty#

If any person contravenes regulation 4 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

10AApplication of the improvement notice provisions of the Act#

(1)Section 10(1) and (2) of the Act (improvement notices) applies, with the modification (in the case of section 10(1)) specified in Part 1 of Schedule 9, for the purposes of—

(a)enabling an improvement notice to be served on a person requiring the person to secure compliance with any of the requirements specified in regulation 4; and

(b)making the failure to comply with a notice referred to in subparagraph (a) an offence.

(2)Section 32(1) to (8) of the Act (powers of entry) applies, with the modifications (in the case of section 32(1)) specified in Part 2 of Schedule 9, for the purposes of enabling an authorised officer of an enforcement authority—

(a)to exercise a power of entry to ascertain whether food that does not comply with one or more of the requirements specified in regulation 4 is, or has been, sold; and

(b)to exercise a power of entry to ascertain whether there is any evidence of any contravention of regulation 4.

(3)Section 35 of the Act applies, with the modifications specified in Part 3 of Schedule 9, for the purpose of specifying the punishment of an offence committed under paragraph (1)(b).

(4)Section 37(1) and (6) of the Act (appeals) applies, with the modifications specified in Part 4 of Schedule 9, for the purpose of enabling a decision to serve a notice referred to in paragraph (1)(a) to be appealed.

(5)Section 39 of the Act (appeals against improvement notices) applies, with the modifications (in the case of section 39(1) and (3)) specified in Part 5 of Schedule 9, for the purpose of dealing with appeals against a decision to serve a notice referred to in paragraph (1)(a).

11Defence in relation to exports#

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12Application of various provisions of the Act#

The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations—

(a)section 2 (extended meaning of “sale” etc.);

(b)section 3 (presumptions that food is intended for human consumption);

(c)section 20 (offences due to fault of another person);

(d)section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;

(e)section 22 (defence of publication in the course of a business);

(f)section 30(8) (which relates to documentary evidence);

(g)section 33(1) (obstruction etc. of officers);

(h)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by paragraph (g) above;

(i)section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by paragraph (g) above;

(j)section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by paragraph (h) above;

(k)section 36 (offences by bodies corporate); and

(l)section 44 (protection of officers acting in good faith).

13Revocations#

(1)The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997 ^note and the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) Regulations 1999 ^note are revoked in relation to England.

(2)The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) (England) Regulations 2000 ^note are revoked.

14Amendment#

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Schedule 1 · Processed cereal-based foods

Part I · Categories of processed cereal-based foods

(1)Simple cereals which are or have to be reconstituted with milk or other appropriate nutritious liquids.

(2)Cereals with an added high protein food which are or have to be reconstituted with water or other protein-free liquid.

(3)Pastas which are to be used after cooking in boiling water or other appropriate liquids.

(4)Rusks and biscuits which are to be used either directly or, after pulverisation, with the addition of water, milk or other suitable liquids.

Part II · Essential composition of processed cereal-based foods

Cereal content

(1)

(1)Processed cereal-based foods are prepared primarily from one or more milled cereals and/or starchy root products.

(2)The amount of cereal and/or starchy root shall not be less than 25 per cent of the final mixture on a dry weight for weight basis.

Protein

(2)

(1)For products mentioned in paragraphs 2 and 4 of Part I, the protein content shall not exceed 1.3 g / 100 kJ (5.5 g / 100 kcal).

(2)For products mentioned in paragraph 2 of Part I, the added protein shall not be less than 0.48 g / 100 kJ (2 g / 100 kcal).

(3)For biscuits mentioned in paragraph 4 of Part I made with the addition of a high protein food, and presented as such, the added protein shall not be less than 0.36 g / 100 kJ (1.5 g / 100 kcal).

(4)The chemical index of the added protein shall be equal to at least 80 per cent of that of the reference protein (casein as defined in Schedule 2), or the protein efficiency ratio (PER) of the protein in the mixture shall be equal to at least 70 per cent of that of the reference protein. In all cases, the addition of amino acids is permitted solely for the purpose of improving the nutritional value of the protein mixture, and only in the proportions necessary for that purpose.

Carbohydrates

(3)

(1)If sucrose, fructose, glucose, glucose syrups or honey are added to products mentioned in paragraphs 1 and 4 of Part I—

(a)the amount of added carbohydrates from these sources shall not exceed 1.8 g / 100 kJ (7.5 g / 100 kcal);

(b)the amount of added fructose shall not exceed 0.9 g / 100 kJ (3.75 g / 100 kcal).

(2)If sucrose, fructose, glucose syrups or honey are added to products mentioned in paragraph 2 of Part I—

(a)the amount of added carbohydrates from these sources shall not exceed 1.2 g / 100 kJ (5 g / 100 kcal);

(b)the amount of added fructose shall not exceed 0.6 g / 100 kJ (2.5 g / 100 kcal).

Fat

(4)

(1)For products mentioned in paragraphs 1 and 4 of Part I, the fat content shall not exceed 0.8 g / 100 kJ (3.3 g / 100 kcal).

(2)For products mentioned in paragraph 2 of Part I, the fat content shall not exceed 1.1 g / 100 kJ (4.5 g / 100 kcal). If the fat content exceeds 0.8 g / 100 kJ (3.3 g / 100 kcal)—

(a)the amount of lauric acid shall not exceed 15 per cent of the total fat content;

(b)the amount of myristic acid shall not exceed 15 per cent of the total fat content;

(c)the amount of linoleic acid (in the form of glycerides = linoleates) shall not be less than 70 mg / 100 kJ (300 mg / 100 kcal) and shall not exceed 285 mg / 100 kJ (1200 mg / 100 kcal).

Minerals

(5)

(1)Sodium

(i)Sodium salts may only be added to processed cereal-based foods for technological purposes.

(ii)The sodium content of processed cereal-based foods shall not exceed 25 mg /100 kJ (100 mg / 100 kcal).

(2)Calcium

(i)For products mentioned in paragraph 2 of Part I, the amount of calcium shall not be less than 20 mg / 100 kJ (80 mg / 100 kcal).

(ii)For products mentioned in paragraph 4 of Part I manufactured with the addition of milk (milk biscuits) and presented as such, the amount of calcium shall not be less than 12 mg / 100 kJ (50 mg / 100 kcal).

Vitamins

(6)

(1)For processed cereal-based foods the amount of thiamin shall not be less than 25 μg / 100 kJ (100 μg / 100 kcal).

(1)RE = all trans retinol equivalents

(2)For products mentioned in paragraph 2 of Part I:

(2)In the form of cholecalciferol, of which 10 μg = 400 i.u. of Vitamin D

Schedule 2 · Amino acid composition of casein

Schedule 3 · Essential composition of baby foods

Protein

(1)

(1)If meat, poultry, fish, offal or other traditional source of protein are the only ingredients mentioned in the name of the product, then—

(a)the named meat, poultry, fish, offal or other traditional protein source, in total, shall constitute not less than 40 per cent by weight of the total product;

(b)each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent, by weight, of total named protein sources;

(c)the total protein from the named sources shall not be less than 1.7 g / 100 kJ (7 g / 100 kcal).

(2)If meat, poultry, fish, offal or other traditional source of protein, singularly or in combination, are mentioned first in the name of the product, whether or not the product is presented as a meal, then—

(a)the named poultry, fish, offal or other traditional protein source, in total, shall constitute not less than 10 per cent by weight of the total product;

(b)each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent by weight, of total named protein sources;

(c)the protein from the named sources shall not be less than 1 g / 100 kJ (4 g / 100 kcal).

(3)If meat, poultry, fish, offal or other traditional source of protein, singularly or in combination are mentioned, but not first, in the name of the product, whether or not the product is presented as a meal, then—

(a)the named meat, poultry, fish, offal or other traditional protein source, in total, shall constitute not less than 8 per cent by weight of the total product;

(b)each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent, by weight, of total named protein sources;

(c)the total protein from the named sources shall not be less than 0.5 g / 100 kJ (2.2 g / 100 kcal);

(d)the total protein in the product from all sources shall not be less than 0.7 g / 100 kJ (3 g / 100 kcal).

(4)If cheese is mentioned together with other ingredients in the name of a savoury product, whether or not the product is presented as a meal, then—

(a)the protein from the dairy sources shall not be less than 0.5 g / 100 kJ (2.2 g / 100 kcal);

(b)the total protein in the product from all sources shall not be less than 0.7 g / 100 kJ (3 g / 100 kcal).

(5)If the product is designated on the label as a meal, but does not mention meat, poultry, fish, offal or other traditional source of protein in the name of the product, the total protein in the product from all sources shall not be less than 0.7 g / 100 kJ (3 g /100 kcal).

(6)Sauces presented as an accompaniment to a meal are exempt from the requirements of sub-paragraphs (1) to (5).

(7)Sweet dishes that mention dairy products as the first or only ingredient in the name shall contain not less than 2.2 g dairy protein / 100 kcal. All other sweet dishes are exempt from the requirements in sub-paragraphs (1) to (5).

(8)The addition of amino acids is permitted solely for the purpose of improving the nutritional value of the protein present, and only in the proportions necessary for that purpose.

Carbohydrates

(2)The quantities of total carbohydrates present in fruit and vegetable juices and nectars, fruit-only dishes, and desserts or puddings shall not exceed—

(a)10 g / 100 ml for vegetable juices and drinks based on them;

(b)15 g / 100 ml for fruit juices and nectars and drinks based on them;

(d)25 g / 100 g for desserts and puddings;

(e)5 g / 100 g for other non-milk-based drinks.

Fat

(3)

(1)For products referred to in paragraph 1(1) if meat or cheese are the only ingredients or are mentioned first in the name of a product, the total fat in the product from all sources shall not exceed 1.4 g / 100 kJ (6g / 100 kcal).

(2)For all other products the total fat in the product from all sources shall not exceed 1.1 g / 100 kJ (4.5 g / 100 kcal).

Sodium

(4)

(1)The final sodium content in the product shall be either not more than 48 mg / 100 kJ (200 mg / 100 kcal) or not more than 200 mg per 100 g. However if cheese is the only ingredient mentioned in the name of the product, the final sodium content in the product shall not be more than 70 mg / 100 kJ (300 mg / 100 kcal).

(2)Sodium salts may not be added to products based on fruit, nor to desserts or puddings except for technological purposes.

Vitamins

(5)

(1)Vitamin C—

(2)Vitamin A—

(i)In vegetable juices, the final content of vitamin A in the product shall be not less than 25 μg RE/100 kJ (100 μg RE/100 kcal) and, for the purposes of this paragraph, RE = all trans retinol equivalents.

(ii)Vitamin A shall not be added to other baby foods.

(3)Vitamin D—

Schedule 4 · Nutritional substances

Vitamins

(1)Vitamin A

Amino acids

(2)L-arginine}

Others

(3)Choline

Salts of minerals and trace elements

(4)Calcium

Schedule 5 · Maximum limits for vitamins, minerals and trace elements, if added, in processed cereal-based foods and baby foods

Part I · General

Part II · Specified foods

Schedule 6 · PESTICIDES WHOSE RESIDUES MUST NOT BE PRESENT IN PROCESSED CEREAL-BASED FOODS OR BABY FOODS AT A LEVEL EXCEEDING 0.003 mg/kg

Chemical name

Schedule 7 · Specific maximum residue levels of certain pesticides in processed cereal-based foods or baby foods

Schedule 8 · Reference values for nutrition labelling for foods intended for infants and young children

Schedule 9 · Modification of the improvement notice provisions of the Act

Part 1 · Modification of section 10(1)

(1)For section 10(1) (improvement notices) substitute—“1 If an authorised officer of an enforcement authority ^note... has reasonable grounds for believing that a person is failing to comply with regulation 4 of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—a state the officer's grounds for believing that the person is failing to comply or, as the case may be, that the food does not comply with the relevant provision;b specify the matters which constitute the failure to so comply;c specify the measures which, in the officer's opinion, the person must take in order to secure compliance; andd require the person to take those measures, or such measures that are at least equivalent to them, within such period as may be specified in the notice.”

Part 2 · Modification of section 32(1)

(2)For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—“a to enter any premises within the authority's area for the purpose of ascertaining whether there has been any contravention of regulation 4 of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003; andb to enter any business premises, whether within or outside the authority's area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of that regulation;”

(3)Section 32(9) does not apply.

Part 3 · Modification of section 35 (punishment of offences)

(4)In section 35, after subsection (1A), insert—“1B A person guilty of an offence under section 10(2), as applied by regulation 10A(1) of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003, is liable, on summary conviction, to a fine.”

Part 4 · Modification of section 37(1) and (6)

(5)For section 37(1) (appeals) substitute—“1 Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 10A(1) of, and Part 1 of Schedule 9 to, the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003, may apply to the First-tier Tribunal”

(6)Section 37(2) does not apply.

(7)For section 37(3) substitute—“3 The appeals procedure under the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 applies to appeals made under subsection (1)”

(8)For section 37(5) substitute–“5 The notice of appeal period under rule 22 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 applies to appeals made under subsection (1)”

(9)In section 37(6)—

(a)for “(3) or (4)” substitute “ (1) ”, and

(b)in paragraph (a), for “magistrates' court or to the sheriff” substitute “ the First-tier Tribunal ”.

Part 5 · Modification of section 39(1) and (3)

(10)For section 39(1) (appeals against improvement notices) substitute—“1 On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 10A(1) of, and Part 1 of Schedule 9 to, the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003, the First-tier Tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the First-tier Tribunal may in the circumstances think fit.”

(11)in section 39(3), omit “for want of prosecution”.

Contains public sector information licensed under the Open Government Licence v3.0.

1Title, application and commencement#

2Interpretation#

3Exemption#

4Restrictions on the sale of processed cereal-based foods and baby foods#

5General requirements as to manufacture and composition#

6Added nutritional substances and nutrients#

7Pesticide residues#

8Labelling#

9Enforcement#

10Offence and penalty#

10AApplication of the improvement notice provisions of the Act#

11Defence in relation to exports#

12Application of various provisions of the Act#

13Revocations#

14Amendment#

Key facts

Defined terms · 7

Connections

History · 7 versions

1Title, application and commencement#

2Interpretation#

3Exemption#

4Restrictions on the sale of processed cereal-based foods and baby foods#

5General requirements as to manufacture and composition#

6Added nutritional substances and nutrients#

7Pesticide residues#

8Labelling#

9Enforcement#

10Offence and penalty#

10AApplication of the improvement notice provisions of the Act#

11Defence in relation to exports#

12Application of various provisions of the Act#

13Revocations#

14Amendment#