The Nutrition (Amendment etc.) (EU Exit) (Amendment) Regulations 2026

Published: Tue 21st Apr 26

The regulations permitted the use of the mineral substance, magnesium L-threonate monohydrate, as a source of magnesium in the manufacture of food supplements in England by amending Schedule 2 of the 2019 EU Exit Regulations.

The Nutrition (Amendment etc.) (EU Exit) (Amendment) Regulations 2026, made on April 20, 2026, and coming into force on August 12, 2026, amend Schedule 2 of the 2019 EU Exit Regulations to incorporate 'magnesium L-threonate monohydrate' into the list of approved mineral substances for manufacturing food supplements.

These regulations were enacted by the Secretary of State under powers related to exiting the European Union, apply to England for substance use, and extend to England and Wales for procedural purposes, following consultation compliant with EU food law principles.

Arguments For

Ensures UK food supplement manufacturers have access to a wider range of approved mineral sources, potentially improving product quality or bioavailability.
Updates previous EU-derived legislation (post-Brexit) to reflect current scientific understanding or market need regarding magnesium compounds in food supplements.
Provides legal clarity for businesses by explicitly listing the newly permitted substance in the relevant schedule by the specified commencement date.

Arguments Against

Any change to approved ingredients introduces potential regulatory divergence from EU standards, complicating trade or dual-market compliance for businesses.
Concerns might arise regarding the regulatory scrutiny applied to the new substance, 'magnesium L-threonate monohydrate,' and its safety profile compared to existing approved forms.
The limited scope (England only, despite extending to Wales for legal procedure) might create confusing jurisdictional differences for national food standards bodies.

2026 No. 412

EXITING THE EUROPEAN UNION, ENGLAND FOOD, ENGLAND

The Nutrition (Amendment etc.) (EU Exit) (Amendment) Regulations 2026

This identifies the statutory instrument as number 412 of 2026, issued under the authority of Exit from the European Union provisions, specifically concerning food regulations within England.

| - - - - Made | 20th April 2026 | |------------------------|-------------------| | Laid before Parliament | 21st April 2026 | | - - Coming into force | 12th August 2026 |

The instrument was officially made on April 20, 2026, presented to Parliament the following day, and is scheduled to become legally effective on August 12, 2026.

The Secretary of State makes these Regulations in exercise of the powers conferred by regulation 2(2) and in accordance with regulation 5(1) of the Nutrition (Amendment etc.) (EU Exit) Regulations 2019( a ).

The Secretary of State created these rules using specific powers granted within regulation 2(2) and in agreement with regulation 5(1) of the primary 2019 EU Exit legislation concerning nutrition amendments.

There has been open and transparent consultation in accordance with Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety( b ).

Before making these Regulations, the responsible authority conducted an open and transparent consultation process.

This was done in line with Article 9 of the foundational EU regulation (EC No 178/2002) which manages general food law principles and procedures related to food safety.

Citation, commencement, extent and application

-(1) These Regulations may be cited as the Nutrition (Amendment etc.) (EU Exit) (Amendment) Regulations 2026 and come into force on 12th August 2026.

(2) These Regulations extend to England and Wales.
(3) These Regulations apply to England only.

The title of this legislation is formally established, and the commencement date for legal effect is August 12, 2026.

While the legislation formally extends its legal reach to both England and Wales, its actual effect concerning substance approval applies only within England.

Amendment to the Nutrition (Amendment etc.) (EU Exit) Regulations 2019

In Schedule 2 (Vitamin and mineral substances which may be used in the manufacture of food supplements) to the Nutrition (Amendment etc.) (EU Exit) Regulations 2019, in Part B of the table (Minerals), after the entry 'magnesium citrate malate'( c ) insert 'magnesium L-threonate monohydrate'.

This regulation directly changes the rules set out in Schedule 2 of the 2019 EU Exit Regulations, which lists permitted vitamin and mineral substances for making food supplements.

Specifically, it inserts 'magnesium L-threonate monohydrate' into the table under Part B (Minerals), placing it immediately after 'magnesium citrate malate'.

Signed by authority of the Secretary of State for Health and Social Care

20th April 2026

Sharon Hodgson Parliamentary Under-Secretary of State Department of Health and Social Care

The instrument was formally signed on April 20, 2026, by Sharon Hodgson, the Parliamentary Under-Secretary of State for the Department of Health and Social Care, acting under the authority of the Secretary of State.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations permit the use of the mineral substance, magnesium L-threonate monohydrate, as a source of magnesium in the manufacture of food supplements. They achieve this by amending Schedule 2 to the Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651) to include a new entry for this mineral substance (regulation 2).

This note clarifies that the purpose of making these rules is to allow the use of magnesium L-threonate monohydrate as a magnesium source when producing food supplements.

This is achieved by updating Schedule 2 of the 2019 Regulations, as detailed in Regulation 2.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Authorities decided not to create a formal impact assessment document for this measure.

This decision was based on the prediction that the changes would have no, or only a negligible, effect on businesses (private sector), charities (voluntary sector), or government bodies (public sector).

An Explanatory Memorandum has been published alongside this instrument at wwwGLYPH<c=0,font=/GFEDCB+TimesNewRomanPSMT> .legislation.gov.uk.

A supplementary Explanatory Memorandum, providing further detail about the instrument, is available on the official legislation website.

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