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Draft guidance notes
The Agency is consulting on draft guidance notes that aim to help industry, enforcement officers and other interested parties interpret the provisions of the Infant Formula and Follow-on Formula Regulations 2007 (further information about the regulations, and the European legislation that they implement, is provided in the details of the previous consultation at the link below). The draft guidance notes:

• focus mainly on the provisions of the regulations which relate to labelling, notification, avoidance of risk of confusion between infant formula and follow-on formula, advertising, promotion, and the provision of information and education relating to infant and child feeding
• replace any LACORS guidance notes on infant formula and follow-on formula and supersede any previous views expressed by the Agency on the interpretation of the regulations that relate to the issues mentioned above
• reflect the Agency view on how the regulations should be interpreted and thereby help to promote consistent enforcement
• apply to parallel infant formula and follow-on formula regulations in England, Scotland, Wales and Northern Ireland

The guidance notes will be finalised in early 2008, in the light of comments submitted to the Agency during the consultation

Background: European infant formula and follow-on formula legislation
Commission Directive 2006/141/EC on infant formula and follow-on formula and amending Directive 1999/21/EC, was published on 30 December 2006 (OJ No. L401, 30.12.2006, p.1). The directive required EU Member States to adopt and publish, by 31 December 2007 at the latest, laws and administrative provisions to implement the directive at a national level. A copy of the directive can be found at the European Union website.

Directive 2006/141/EC seeks, in summary, to ensure that:

• the essential composition of infant formulae and follow-on formulae satisfy the nutritional requirements of infants in good health as established by generally-accepted scientific data
• the labelling of infant formulae and follow-on formulae allows the proper use of such products and promotes and protects breastfeeding
• the rules on composition, labelling and advertising are in line with the principles and aims of the International Code of Marketing of Breast-Milk Substitutes
• information provided to carers about infant feeding does not counter the promotion of breastfeeding

The directive repeals and replaces Directive 91/321/EEC, as amended (the previous European legislation to control the composition, labelling and marketing of infant formulae and follow-on formulae placed on the market within the EU).

The Agency has consulted on draft Infant Formula and Follow-on Formula Regulations 2007, which will implement the directive in domestic law and replace our current domestic regulations. Separate, but parallel, legislation will be implemented in Scotland, Wales and Northern Ireland to achieve this. The regulations will revoke and replace existing domestic infant formula and follow-on formula regulations.

The link below contains details of the Agency consultation on the draft regulations and includes a summary of stakeholder comments on the proposals and the Agency responses to these comments.

This consultation started on 21st November 2007 and ended on 13th February 2008.

Here are the documents we were able to locate that relate to this consultation: