Infant and follow-on formulae legislation

EU infant and follow-on formulae legislation

Commission Regulation (EU) No 609/2013 of 12 June 2013 aims to protect specific vulnerable groups of consumers including infants and young children by regulating the content and marketing of food products specifically created for and marketed to them. It also aims to increase legal clarity for business and facilitate the correct application of the rules. In addition, it extends to the labelling of follow-on formula the restriction from using pictures or text which may idealize the use of products (previously only applicable to infant formula)

Regulation (EU) 2016/127 of 25 September 2016 will come into force on 22 February 2020. Until that date, the rules of Directive 2006/141/EC remain applicable. The new delegated Regulation:

  • Updates the existing compositional requirements on the basis of the latest scientific advice
  • Modifies the rules on labelling to ensure consistency with the horizontal rules of Regulation (EU) No 1169/2011 on the provision of food information to consumers, taking into account the specificities of the products
  • Prohibits the use of nutrition and health claims on infant formula to protect breast-feeding
  • Facilitates the monitoring activities of national competent authorities by requiring operators to notify them of the placing on the market of many follow-on formulae (in addition to infant formulae, for which the obligation already existed).

Belgian infant and follow-on legislation

At the national level, infant formulae and follow-on formulae are regulated by the Royal Decree of 18 February 1991 on foodstuffs intended for particular nutritional uses.

The chemical forms of nutrients and other foodstuffs which can be used in infant formulae and follow-on formulae are laid down in the Ministerial Decree of 21 March 2002 establishing the authorised chemical forms of nutrients and other foodstuffs, which can be used in foodstuffs for particular nutritional uses.

Infant formulae must be notified of before it can be commercialised.

Last updated: 21/01/2019