(a) Foodstuffs for particular nutritional uses are foodstuffs which, owing to their special composition or manufacturing process, are clearly distinguishable from foodstuffs for normal consumption, which are suitable for their claimed nutritional purposes and which are marketed in such a way as to indicate such suitability. (b) A particular nutritional use must fulfil the particular nutritional requirements: (i) of certain categories of persons whose digestive processes or metabolism are disturbed; or (ii) of certain categories of persons who are in a special physiological condition and who are therefore able to obtain special benefit from controlled consumption of certain substances in foodstuffs; or (iii) of infants or young children in good health.
Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses
Modified by
- Directive 96/84/EC of the European Parliament and of the Councilof 19 December 1996amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses, 31996L0084, February 19, 1997
- Directive 1999/41/EC of the European Parliament and of the Councilof 7 June 1999amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses, 31999L0041, July 8, 1999
- Regulation (EC) No 1882/2003 of the European Parliament and of the Councilof 29 September 2003adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty, 32003R1882, October 31, 2003
- Directive 2009/39/EC of the European Parliament and of the Councilof 6 May 2009on foodstuffs intended for particular nutritional uses(recast)(Text with EEA relevance), 32009L0039, May 20, 2009
(a) the use of the adjectives "dietetic" or "dietary" either alone or in conjunction with other words, to designate these foodstuffs; (b) all other markings or any presentation likely to give the impression that one of the products referred to in Article 1 is involved.
(a) essential requirements as to the nature or composition of the products; (b) provisions regarding the quality of raw materials; (c) hygiene requirements; (d) permitted changes within the meaning of Article 3 (2); (e) a list of additives; (f) provisions regarding labelling, presentation and advertising; (g) sampling procedures and methods of analysis necessary for checking compliance with the requirements of the specific Directives. Such specific Directives shall be adopted: in the case of point (e), by the Council acting in accordance with the procedure laid down in Article 100a, in the case of the other points, in accordance with the procedure laid down in Article 13.
Provisions likely to have an effect on public health shall be adopted after consultation of the Scientific Committee for Food, set up by Decision 74/234/EEC OJ No L 136, 20. 5. 1974, p. 1 .
the reduction or absence of sodium or salt (sodium chloride, table salt) content, the absence of gluten,
(a) the particular elements of the qualitative and quantitative composition or the special manufacturing process which gives the product its particular nutritional characteristics; (b) the available energy value expressed in kilojoules and kilocalories and the carbohydrate, protein and fat content per 100 grams or 100 millilitres of the product as marketed and, where appropriate, per specified quantity of the product as proposed for consumption.
1. When a product as referred to above is placed on the market for the first time the manufacturer or, where a product is manufactured in a third State, the importer, shall notify the competent authority of the Member State where the product is being marketed by forwarding it a model of the label used for the product. 2. Where the same product is subsequently placed on the market in another Member State the manufacturer or, where appropriate, the importer, shall provide the competent authority of that Member State with the same information, together with an indication of the recipient of the first notification. 3. Where necessary, the competent authority shall be empowered to require the manufacturer or, where appropriate, the importer, to produce the scientific work and the data establishing the product's compliance with Article 1 (2) together with the information provided for in Article 7 (3) (a). If such work is contained in a readily available publication, a mere reference to this publication shall suffice. 4. Member States shall communicate to the Commission the identity of the competent authorities within the meaning of this Article and any other useful information on them. The Commission shall publish this information in the Official Journal of the European Communities .Detailed rules for implementing this paragraph may be adopted in accordance with the procedure laid down in Article 13. 5. Before 8 July 2002 and every three years thereafter, the Commission shall send the European Parliament and the Council a report on the implementation of this Article.
to permit trade in products complying with this Directive not later than 16 May 1990, to prohibit trade in products not complying with this Directive with effect from 16 May 1991.
Groups of foodstuffs for particular nutritional uses for which specific provisions will be laid down by specific Directives: It is understod that products already on the market when Directive is adopted will not be affected by it. 1. Infant formulae and follow-on formulae 2. Processed cereal-based foods and baby foods for infants and young children 3. Food intended for use in energy-restricted diets for weight reduction 4. Dietary foods for special medical purposes 5. Foods intended to meet the expenditure of intense muscular effort, especially for sportsmen;
Groups of foodstuffs for particular nutritional uses for which specific provisions will be laid down by a specific Directive It is understod that products already on the market when Directive is adopted will not be affected by it. 6. Foods for persons suffering from carbohydrate-metabolism disorders (diabetes).
| Directive 77/94/EEC | This Directive |
|---|---|
| Article 1 (1) | Article 1 (1) |
| Article 1 (2) | Article 2 (2) |
| Article 1 (3) | — |
| Article 2 (1) | Article 3 (1) |
| Article 2 (2) first subparagraph | Article 2 (1) |
| Article 2 (2) second subparagraph | — |
| Article 2 (3) | Article 2 (2) |
| Article 2 (4) | Article 2 (3) |
| Article 3 | Article 3 (2) |
| — | Article 4 |
| Article 4 (1) | Article 6 (1) |
| Article 4 (2) | Article 5 |
| Article 4 (3) | Article 6 (2) |
| Article 5 (1) | Article 7 (1) |
| Article 5 (2) point (a) | Article 7 (2) |
| Article 5 (2) points (b) and (c) | Article 7 (3) points (a) and (b) |
| Article 5 (2) point (d) | — |
| Article 5 (2) point (e) | Article 7 (4) |
| Article 5 (3) | — |
| Article 6 | Article 8 |
| — | Article 9 |
| Article 7 (1) | Article 10 (1) |
| — | Article 10 (2) |
| Article 7 (2) | — |
| Article 8 | — |
| — | Article 11 |
| — | Article 12 |
| Article 9 | Article 13 |
| Article 10 | — |
| Article 11 | — |
| — | Article 14 |
| Article 12 | Article 15 |
| Article 13 | Article 16 |
| — | Annex I |