UK guidance on nutrition and health claims: DHSC compliance advice under Regulation (EC) 1924/2006
This Department of Health and Social Care guidance explains how food businesses in Great Britain should comply with retained Regulation (EC) 1924/2006 when making nutrition or health claims, and how new claim applications are handled after the UK left the EU. [1]
Automatic summary · not editorially reviewed
The key findings
The guidance is intended mainly for food business operators, especially small and medium-sized enterprises. [1]
Best-practice advice is placed in shaded boxes and is not required by law. [1]
Two sets of EU exit regulations transferred nutrition risk assessment and risk management responsibilities to bodies in Great Britain. [1]
The source at a glance
- Jurisdiction
- UK
- Authority
- Department of Health and Social Care
- Document type
- Guidance
- Record type / format
- Official guidance document
- Scope / context
- Food business operators in the United Kingdom, especially small and medium-sized enterprises; also food law enforcement officers and others interested in the legislation.
- Summary based on
- Official regulatory document
- Original publication
- January 11, 2021
DHSC guidance for food businesses in Great Britain
The document is official guidance from the Department of Health and Social Care for the United Kingdom, first published on 11 January 2021 and publicly updated on 10 November 2021. It is aimed mainly at food business operators, especially small and medium-sized enterprises, and may also help food law enforcement officers. It is designed to help businesses comply if they choose to make a nutrition or health claim on a food product, and it also explains the requirements for authorising new claims. The guidance says it should be read together with the legislation and cannot cover every situation. Best-practice advice sits in shaded boxes and is not legally required.
Supporting source [1]
Post-EU-exit transfer of claim assessment roles
After the transition period ended on 31 December 2020, the guidance describes regulation as an autonomous matter for the UK and the EU as two separate systems. From 1 January 2021, two sets of Nutrition (Amendment etc.) (EU Exit) Regulations transferred responsibilities from EU organisations involved in risk assessment and risk management to bodies in Great Britain. They also made practical changes to application frameworks for scientific evaluation and to factors considered in risk management decisions. Businesses submitting applications, scientific dossiers or files for the Great Britain market should prepare them as described in this section and submit them to the Department of Health and Social Care.
Supporting source [1]
Appropriate authorities and Northern Ireland arrangements
The guidance lists the appropriate authorities as the Secretary of State in England, the Scottish ministers in Scotland and the Welsh ministers in Wales. Each may make legislation equivalent to what the European Commission would previously have made, and the UK Secretary of State has concurrent powers to legislate for the whole of Great Britain where Scotland and Wales agree. Powers held by the European Commission were not transferred to Northern Ireland. Under the protocol on Ireland/Northern Ireland, EU nutrition legislation continues to apply directly there, and the Food Standards Agency remains the designated competent authority. Northern Ireland officials and ministers still take part in policy development under a UK-wide common framework for nutrition labelling, composition and standards.
Supporting source [1]
How to interpret this
Document summary; not a determination of current law. Only the opening excerpt of the guidance was supplied, so later sections and conditions may be missing. The document itself notes it cannot cover every situation and should be read with the legislation. This is not legal advice.
Based on the cited official document. Its jurisdiction, document type and effective date matter; a proposal or notice is not a rule already in force.
Source & supporting passages
Department of Health and Social Care · gov.uk · January 11, 2021