The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)

My Lords, magnesium L-threonate monohydrate has recently been authorised as a novel food following a public consultation and a safety assessment by the Food Standards Agency, which concluded that it is safe under the proposed conditions of use. This instrument sets the purity criteria—that is, the required safety and quality standards—for this form of the mineral magnesium, to permit its use and sale in food supplements in England. The instrument is a routine and technical measure, which will ensure that food supplements regulations continue to operate effectively following the authorisation of novel substances for use in food supplements. The regulatory approach taken here is well established. Where new substances are authorised, it is necessary to update the relevant legislation so that they can be used in practice, and to ensure that clear and enforceable quality standards are in place. Noble Lords will be aware that, under our existing legal framework, vitamins and minerals may be used in food supplements only if they are listed in legislation and meet appropriate safety and quality standards. Magnesium itself is already a permitted mineral listed in legislation. However, different chemical forms of that mineral must also be specifically listed before they can be used. A related statutory instrument already laid under the negative procedure adds this substance to the list of permitted forms of magnesium. However, for food supplements containing this substance to be lawfully sold, purity criteria must also be established. An SI following the affirmative procedure is required to set the purity criteria for this substance in legislation. That is the sole purpose of the regulations before the Grand Committee today. The criteria specified in this instrument reflect the scientific specification assessed by the Food Standards Agency and will ensure that, where this substance is used, it is manufactured and marketed to a consistent and safe standard. Food law is a devolved matter. This instrument applies in England only. Wales and Scotland have made equivalent amendments to their food supplements regulations and Northern Ireland applies the existing EU equivalent regulations, as required by the Windsor Framework. It is important to emphasise that this measure is enabling, not mandatory. It does not require any business to use this ingredient or change its products. The use of this new optional substance will initially affect only the applicant who requested this authorisation and who benefits first from a five-year exclusive use period. During this period, only the applicant may use and sell magnesium L-threonate monohydrate as a form of magnesium unless another business obtains authorisation based on its own data or with the applicant’s permission. In the longer term, other businesses will benefit from the authorisation of this substance, supporting choice and product innovation while maintaining robust safety standards. Food supplements legislation is in scope of the UK-EU sanitary and phytosanitary agreement, which will involve alignment with EU legislation in this area. In this case, the substance has already been authorised for use in the EU, so we expect no change in practice for businesses when alignment takes place. We therefore consider it appropriate to proceed now, following the Food Standards Agency’s safety assessment, to allow this substance to be used in GB as soon as possible. To conclude, these regulations fulfil our requirements to update food supplements regulations where new substances have been authorised for use in food supplements, and they continue to uphold high standards of safety and quality for consumers. I beg to move.