Written answers
Thursday, 1 February 2024
Department of Health
EU Regulations
Duncan Smith (Dublin Fingal, Labour)
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355. To ask the Minister for Health the way in which Commission Delegated Regulation (EU) 2016/127 on infant formula and follow-on formula is policed and enforced in the State; whether offences are committed in the event of its breach or other sanctions apply; his views on whether retailers breach the regulation by including formula among items covered by a loyalty or voucher or discount scheme that applies to most other goods sold in a store; if so, the basis of that understanding; to outline any correspondence with the EU Commission on the interpretation of Article 10 (2) of the regulation as it applies to general supermarket discount or voucher schemes that are not aimed at promoting the sale of formula in particular; and if he will make a statement on the matter. [4748/24]
Stephen Donnelly (Wicklow, Fianna Fail)
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The Food Safety Authority of Ireland and its official agencies, the Department of Agriculture, Food and the Marine (DAFM) and the Health Service Executive (HSE) are responsible for the enforcement of food legislation relating to infant formula and follow-on formula. The manufacture of infant formulae and follow-on formulae is supervised by the Dairy Controls and Certification Division of DAFM. Once placed on the retail market, official controls are carried out on infant formulae and follow-on formulae by the HSE/National Environmental Health Service.
The European Union (Food Intended for Infants and Young Children, Food for Special Medical Purposes, and Total Diet Replacement for Weight Control) Regulations 2019 (S.I. No. 425 of 2019) as amended by S.I. No. 490 of 2023, gives legal effect to Commission Delegated Regulation (EU) 2016/127 supplementing Regulation (EU) No 609/2013 as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating to infant and young child feeding. The S.I. sets out the offences and provides for penalties for contravening the Regulations. In addition to the specific powers available in S.I. No. 425 of 2019, authorised officers have powers to seize, remove, detain, and destroy products which are suspected by him or her of failing to comply with the Regulations.
The requirements for promotional and commercial practices for infant formula are set out in Article 10 of Regulation (EU) 2016/127. This provides that there shall be no point-of-sale advertising, giving of samples or any other promotional device to induce sales of infant formula directly to the consumer at the retail level, such as special displays, discount coupons, premiums, special sales, loss-leaders and tie-in sales.
In response to a query, the FSAI recently sought clarification from the European Commission on the application of Article 10(2) Commission Delegated Regulation (EU) 2016/127. At this time no response has yet been received.
FSAI Guidance Note 38 for Foods governed under Regulation (EU) No 609/2013 Foods for Specific Groups explains further that “examples of what is not permitted include: consumers should not receive points on their supermarket loyalty card for purchasing infant formula; Infant formula should not be included in ‘end of aisle’ specials or should not display discounted specials pricing.”
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