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To: Interested Parties
Date: 4 November 2008 Reference: CPD/0091
PUBLIC WRITTEN CONSULTATION
Consultation on the setting of nutrient profiles under
European Regulation (EC) No 1924/2006 on nutrition and
health claims made on foods
Dear Sir/Madam
Executive Summary
1. This letter seeks your views and comments on the European
Commission’s working documents on the setting of nutrient profiles
under Regulation (EC) No 1924/2006 on nutrition and health claims
made on foods, and the associated draft Impact Assessment for the
UK. The European Commission are also in the process of drafting a
legal Regulation based on the proposals in this working document,
in preparation for a vote by Member States in December or January.
A stakeholder meeting has been planned for 14 November (see
paragraph 16).
2. The key documents are:
• European Commission working document on the setting of
nutrient profiles, dated 22 October
• Limited food basket to test options – This is a tool developed by
EFSA to allow stakeholders to test how products, including those in
the EU food basket, perform against various nutrient profile options
• Draft Impact Assessment
Please note that these documents are not enclosed with this letter (see
paragraph 21 for further details). The full consultation package can be
downloaded from the Food Standards Agency website at the following
address: food.gov.uk/consultations/consulteng/2008/nphealthclaim
3. Responses are required by 28 November 2008. However, we would
appreciate responses in advance of the Commission Working Group
meeting on 21 November to inform our negotiating position in this
If you have received this consultation as a paper copy and would prefer to receive consultations on
this subject by e-mail in future, please include a request to that effect in your e-mailed response,
otherwise you will still receive paper copies of consultations on this subject.
If you no longer wish to receive information on this subject please contact the person named above.
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meeting. When responding, please state whether you are responding as
a private individual or on behalf of an organisation/company (with a brief
summary of the people it represents).
All comments and views should be sent to:
Tim Marshall
Fortification and Claims Team
FOOD STANDARDS AGENCY
Room 6B
Aviation House
125 Kingsway
London
WC2B 6NH
Tel: 020 7276 8171
Or by email to: nutritionandhealthclaims@foodstandards.gsi.gov.uk
Background
4. Regulation 1924/2006 of the European Parliament and of the Council on
nutrition and health claims made on foods was published in its corrected form
on 18 January 2007 (OJ No. L12, 18.1.2007, p.3) and applied from 1 July
2007. This is the first piece of specific legislation to deal with nutrition and
health claims and aims to provide a higher level of consumer protection as
well as harmonise legislation across the EU to facilitate intra-Community
trade. EU regulations are directly applicable in Member States, and a copy of
this Regulation can be found at the following website address:
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2007/l_012/l_01220070118en00030018.pdf
This has been amended by Regulation (EC) 107/2008:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:039:0008:0010:EN:PDF
5. The Regulation controls nutrition and health claims by means of positive
lists of authorised claims that can be made on food together with the criteria a
product must meet to use them. It also requires the European Commission to
establish nutrient profiles, as part of the criteria that foods must meet to make
claims. The establishment of nutrient profiles aims to prevent claims masking
the true nature of foods, and so misleading consumers when trying to make
healthy dietary choices.
Details of Consultation
6. In order to help avoid consumers being misled in this way, nutrient profiles
are to be established to categorise foods on the basis of their nutrient
composition. On 22 October the European Commission issued a working
If you have received this consultation as a paper copy and would prefer to receive consultations on
this subject by e-mail in future, please include a request to that effect in your e-mailed response.
Please note that you will still receive paper copies of consultations on this subject area unless you let us
know.
If you no longer wish to receive information on this subject please contact the person named at paragraph 3
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document on the setting of nutrient profiles based on saturated fat, salt and
sugar.
7. Regulation 1924/2006 required the European Food Safety Authority
(EFSA) to advise on the establishment of nutrient profiles, taking into account:
• the quantities of certain nutrients, such as fat, salt and sugar, and other
substances in the food;
• the role, importance and contribution of the food in the diet;
• the overall composition of the food including any nutrients that have been
scientifically recognised as having an effect on health.
8. EFSA published its opinion on 31 January 2008. This is available on their
website at:
http://www.efsa.europa.eu/EFSA/efsa_locale-1178620753812_1178689506673.htm
9. The aim of the nutrient profiles is to protect consumers from being misled
where foods high in saturated fats, sugars and salt may be made to seem
healthier choices when accompanied by a nutrition or health claim. For
example, a food with the claim “low in fat” may appear to be a healthy choice,
but it could also be high in salt and a less healthy choice. Under Regulation
1924/2006, if a product fails the profile on one nutrient then no health claim
can be made and a nutrition claim can only be made if the statement “high
[name of the nutrient that fails the profile] content” is also made. If the product
fails on two or more nutrients then no claim can be made. The only exception
to this is a “reduced” claim, where the nutrient about which the claim is made
does not count toward calculating the effect of the nutrient profile. For
example, to make a “reduced saturated fat” claim the product does not need
to comply with the threshold set for saturated fat. However, if the product is
also high in salt then the statement “high salt content” would need to be
made.
10. Once nutrient profiles have been established, and following a two-year
transition period to allow food business operators time to adjust to the new
requirements, foods that are high in saturated fat, sugar or salt will face
restrictions on making claims.
European Commission working document
11. Following publication of EFSA’s opinion, the European Commission
produced a draft working paper (dated 2 June 2008) and the draft food
database/test basket, which have been used as a basis for discussions at
Commission working group meetings. The Agency circulated these
documents to stakeholders and has provided regular e-mail updates on the
progression of these discussions. A revised version of this working paper and
the draft food basket with the thresholds values inserted are now available at:
food.gov.uk/consultations/consulteng/2008/nphealthclaim
12. You can comment on any aspect of the working paper, but we have
included some structured questions below on the main areas for
consideration.
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EXEMPTIONS FROM THE PROFILES
(a) Total exemptions from any profiles
Q1 Are the categories that have been suggested for total exemption from the
nutrient profiles appropriate?
Q2 Are there too many or too few categories that are considered for a total
exemption? Please give full reasoning and evidence.
(b) Exemptions within categories/subcategories – application of adapted
profiles
Q3 Are the number and type of categories/subcategories that have been
suggested here appropriate?
Q4 Are there any other categories/subcategories that should be considered
under an adapted profile? Please give full reasoning and evidence if
suggesting further categories/subcategories.
Q5 Are you content with the proposed method for defining categories and
subcategories and how products will fall within these? If commenting on the
minimum content for inclusion, please give data on product composition to
illustrate any issues you wish to raise.
Q6 How easy do you find it to categorise products using the proposed
system?
Q7 Some Member States have raised concerns over how to categorise
particular products e.g. whether fromage frais (“fresh cheese”) is a cheese or
a dairy dessert. Are you aware of other products that could be allocated to
more than one of the proposed categories?
STRUCTURE OF THE PROFILES
Q8 The generic profile (which applies to the ‘other foods’ category in the
European Commission working document) will apply to foods not falling within
specific categories, where adapted profiles will apply; are you content with this
proposed category-based approach?
CHOICE OF NUTRIENTS
Q9 Is the choice of nutrients included in the profiles appropriate?
Q10 Do you have any comments on the inclusion of additional nutrients,
either for all categories or specific categories/subcategories? Please give full
reasoning and evidence if suggesting that nutrients should be removed or
further nutrients should be included.
REFERENCE QUANTITY
Q11 There is a growing consensus among Member States that all profiles
should be based on a per 100g basis (of food ready for consumption in
accordance with manufacturer’s instructions). Please give full reasoning and
evidence if suggesting an alternative basis, including whether this should be
across the board or only applied to specific categories or subcategories.
THRESHOLDS
Q12 The European Commission has developed a testing tool which has been
included as part of this consultation package. This can be used to see how
variations in the thresholds for the main profile and adapted profiles would
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affect the claims that can be made on foods in the test basket and
manufacturers’ products.
Q13 We would welcome comments on the proposed thresholds for the main
profile and adapted profiles. Please be as specific as you can about what
foods would be affected by changing the thresholds – information on the
number of foods only is not sufficiently detailed to be of use in negotiations.
Q14 Are there alternative thresholds you would like to suggest for particular
categories? Please give full reasoning and evidence for any suggested
changes.
Draft Impact Assessment
13. Criterion 6 of the Cabinet Office Code of Practice states that a
consultation must follow better regulation best practice, including carrying out
an Impact Assessment (IA). The Agency carried out and consulted on a
Regulatory Impact Assessment for Regulation (EC) No 1924/2006 when
negotiating and implementing the Regulation, which is available on our
website at:
http://www.food.gov.uk/consultations/consulteng/2007/claims2007eng
14. At the time of writing the original impact assessment we did not have a
clear idea of the form and nature of the EU nutrient profiles and so costs and
benefits were calculated at a more general level and included estimates within
those for the Regulation as a whole. The Commission working document now
provides that level of detail to enable stakeholders to see how products might
perform in comparison to the options available and make an analysis of the
direct effect of not being able to continue to make nutrition or health claims, or
not being able to make them in the future without product reformulation.
15. The draft IA for the setting of nutrient profiles can be found at Appendix III.
We welcome comments on any aspect of the IA, but have included some
specific questions within the text to focus your thoughts on the main areas.
When replying please include evidence to substantiate your comments.
Stakeholder Meeting
16. We have arranged to hold a stakeholder meeting for an open discussion
of the key proposals on 14 November 2008 from 2 pm until 4 pm. Please
register with Tim Marshall if you wish to attend; and please note that
allocation of limited spaces shall be on a first come, first served basis, with
priority going to trade associations and consumer NGOs. We will also seek to
limit spaces to one representative per organisation.
Queries
17. Enquiries relating to the contents of this letter can be addressed to Tim
Marshall at the contact address given in paragraph 3.
Publication of personal data and confidentiality of responses
18. In accordance with the FSA principle of openness our Information Centre
at Aviation House will hold a copy of the completed consultation.
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Responses will be open to public access upon request. The FSA will also
publish a summary of responses, which may include personal data, such
as your full name and contact address details. If you do not want this
information to be released, please complete and return the Publication of
Personal Data Form (Annex B). Return of this form does not mean that we
will treat your response to the consultation as confidential, just your
personal data.
19. In accordance with the provisions of Freedom of Information Act
2000/Environmental Information Regulations 2004, all information
contained in your response may be subject to publication or disclosure. If
you consider that some of the information provided in your response
should not be disclosed, you should indicate the information concerned,
request that it is not disclosed and explain what harm you consider would
result from disclosure. The final decision on whether the information
should be withheld rests with the FSA. However, we will take into account
your views when making this decision.
20. Any automatic confidentiality disclaimer generated by your IT system will
not be considered as such a request unless you specifically include a
request, with an explanation, in the main text of your response.
Further information
21. We have tried to avoid printing and sending this consultation package in
hard copy; instead we have followed good sustainable practice by
including links in this letter to our website where the complete consultation
package can be downloaded, including the documents listed in the
annexes and appendices below. If you do not have internet access, or
encounter any other problems, please contact Tim Marshall at the above
address for hard copies.
22. A list of interested parties to whom this letter is being sent appears in
Annex C. Please feel free to pass this document to any other parties with
an interest in the subject matter, or send us their full contact details and
we will arrange for a copy to be sent to them direct.
23. A copy of this consultation letter/package is available on our website at
www.food.gov.uk where a summary of the responses received will be
published.
24. Subject to the matters set out in paragraph 26 below, this consultation has
been prepared in accordance with the Cabinet Office’s Code of Practice
on Consultation, available at:
http://bre.berr.gov.uk/regulation/consultation/code/index.asp
The Consultation Criteria have been reproduced within Annex D.
25. For details about the consultation process (not about the content of the
consultation) please contact: Food Standards Agency Consultation Co-
ordinator, Room 2C, Aviation House, 125 Kingsway, London, WC2B 6NH.
Tel: 0207 276 8630.
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26. Criterion 1 of the Cabinet Office Code of Practice states that a written
consultation must be held for a minimum of 12 weeks for at least once
during the development of the policy. This consultation is not being held
for a full 12 weeks because the European Commission’s timetable for
establishment of nutrient profiles does not allow for the full consultation
period. Regulation (EC) No 1924/2006 requires nutrient profiles to be
established by 19 January 2009. The European Commission has
indicated that there will be a substantial discussion on the attached
working document on nutrient profiles in the Working Group meeting on 21
November. It has also indicated that it will take a proposal for a legal
instrument to the Standing Committee meeting scheduled for 10
December, where it is possible there may be a vote. Consultation
responses are required to inform the UK's voting position, and our
negotiating position in the Commission Working Group meeting on 21
November so we would appreciate early responses in advance of this
date.
Comments on the consultation process itself
27. We are interested in what you thought of this consultation and would
therefore welcome your general feedback on both the consultation
package and overall consultation process. If you would like to assist us to
improve the quality of future consultations, please feel free to share your
thoughts with us by using the Consultation Feedback Questionnaire
which is attached in Annex A.
28. If you would like to be included on future Food Standards Agency
consultations on other topics, please advise us of those subject areas that
you might be specifically interested in by using the Feedback
Questionnaire.
29. If any of the mailing information used to send you this letter has changed,
please advise us direct using the Feedback Questionnaire.
Thank you on behalf of the Food Standards Agency for participating in this
public consultation.
Yours faithfully
Noel Griffin
Nutrition Division
Enclosed
Annex A: Consultation Feedback Questionnaire
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Annex B: Publication of Personal Data Form
Annex C: List of interested parties
Annex D: Cabinet Office Consultation Criteria
Consultation documents:
Appendix I: European Commission working document on the setting of
nutrient profiles
Appendix II: Limited food basket to test options
Appendix III: Draft Impact Assessment on the setting of nutrient profiles under
Regulation (EC) 1924/2006 on nutrition and health claims
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Annex C
List of Interested Parties
4Children
A Camacho UK Ltd
A G Barr
Adams Pork Products
Advertising Association
Advertising Standards Authority
Advisory Body For Social Services Catering
Agriculture And Horticulture Development Board
Algry Quimica
Allchem International
Alliance For Natural Health
Allied Technical Centre
Alpro - A Company Of The Vandemoortele Group
Analyze & Realize Ag
Animal Medicines Inspectorate
Ann Godsell Regulatory
APCO Europe
Arkopharma (UK) Ltd
Ashwell Associates
Associated British Foods Plc
Association Des Amidonniers Et Feculiers
Association Of Cereal Food Manufacturers
Association Of Port Health Authorities (APHA)
Association Of Radical Midwives
Association Of The European Self-Medication Indust
Aviation Health
Baby Milk Action
Barry Atwood
Bath & North-East Somerset Trading Standards
Bayer Plc
BBH
Beachcroft LLP
Bernard Matthews Ltd
Berry Ottawayand Associates Limited
Berwin Leighton Paisner
BIBRA Information Services Ltd
Birmingham Childrens Hospital
Blue Rubicon
Bodycote Lawlabs
Booker Ltd
Boots The Chemist
Brakes
Breakthrough Breast Cancer
Bristol City Council
Britannia Health Products Ltd
British Association For Shooting And Conservation
British Beer & Pub Association
British Cheese Board
British Coffee Association
British Dental Association
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British Dietetic Association
British Egg Industry Council
British Heart Foundation
British Heart Foundation Health Promotion Group
British Hospitality Association
British Meat Processors Association
British Nutrition Foundation
British Retail Consortium
British Soft Drinks Association Ltd
British Sugar Plc
British Veterinary Association
Britvic Soft Drinks Ltd
Burson-Marsteller/Bksh
Business In Sport & Leisure
Danisco-Cultor
California Prune Board
California Prune Board (Europe)
Cambridge Health And Weight Plan
Cambridge Manufacturing Limited
Camedica
Campden & Chorleywood Food Research Association
Cantox Health Sciences International
Catalent Pharma Soloutions
Centre For Food & Heallth Studiesltd
Centre For Public Health Excellence, National Institute For Health And Clinical Excellence
Cereal Partners UK
Changing Business Ltd
Chartered Institute Of Environmental Health
Chemist & Druggist
Chr Hasen (UK) Ltd
Clipper Teas Ltd
Clearspring Ltd
Coca-Cola Company
Coeliac UK
Colloides Naturels (UK) Ltd
Community Foods Ltd
Compassion In World Farming
Confederation Of The Food And Drink Industries Of The EU
Consensus Action On Salt & Health
Consumer Focus
Contract Food Ltd
Coors Brewers Plc
Cosucra
Council For Responsible Nutrition
Covington And Burling LLP
Crop Protection Association
Cumbria County Council
Dabur India Ltd
Dailycer Ltd
Dairy Crest Plc
Dairy UK Ltd
Danone Waters & Dairies UK Ltd
Delamere Dairy Ltd
Department For Business, Enterprise And Regulatory Reform
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Department Of Local Government And The Environment
Divine Juice
Dow Europe GmbH
DPR Nutrition Limited
Dr Willmar Schwabe & Co Kg
EBLEX and BPEX
Eclipse Scientific Group
Effem
Elsoms Seeds Ltd
Eurofins Laboratories Limited
European Advisory Services
European Federation Of Health Product Manufacturers Association
Eversheds
F I Data Services
Fayrefield Foodtec Limited
Food & Health Research
Food Additives And Ingredients Association
Food And Drink Federation
Food And Drink Federation
Food And Environmental Division LGC LTD
Food Commission UK Ltd
Food For Life
Food Labelling Database
Food Solutions Publishing Ltd
Food Standards Australia New Zealand
Foresight
Forum Of Private Business
Forum Products Ltd
Freelance Writer
Fresenius Kabi Ltd
Fresh Produce Consortium
General Dietary Ltd
Giract
Glaxosmithkline
Glutafin
Good4U
Greenwoods Solicitors Llp
Hampstead Tea And Coffee Co Ltd
Harrods Ltd
Hartwell Food Research Ltd
Health Food Manufacturers Association
Heart Of Mersey
Heather Paine Associates
Higher Nature Ltd
Hill & Knowlton (UK) Ltd
Hipp - Werk Georg Hippohg
Holland And Barrett
Honey International Packers' Association
Honeyrose Products Ltd
Howard Foundation Research Group
Hush (Haemolytic Uraemic Syndrome Help)
Hybu Cig Cymru (Meat Promotion Wales)
IBSA
ILS Ltd
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Independent Nutrition Logic
Infant And Dietetic Foods Association Limited
Innocent Ltd
Institute Of Food Science & Technology (IFST)
International Association For The Study Of Obesity
International Chewing Gum Association
J Ralph Blanchfield Consultancy
J Sainsbury Plc
John Russell Associates/FAIA
Julian Graves Ltd
Kalvi Ltd
Kellogg Company (GB) Ltd
Kellogg Europe Trading Limited
Kerry Foods Ltd
Kettle Foods
Kia Ora Healthy Living For Those With Special Need
Kitchen Range Foods Ltd
Kraeber (UK) Ltd
Kraft Foods UK
L Hepner & Associates Ltd
La Leche League (Great Britain)
Lancashire County Council
Law Laboratories Ltd
Leatherhead Food International
Lighterlife UK Ltd
Lipofoods
Local Authorities Co-ordinators Of Regulatory Services
London Food Centre
MacFarlanes
Magna Law Ltd
Manchester Metropolitan University
Mannatech Ltd
Marks & Spencer Plc
Mars UK Limited
Martek Biosciences Corporation
Matthew Clark Ltd
McDonald's Restaurants Ltd
McIntyre Consultants Limited
Midwives Information & Resource Service
MJSR Associates
Motherhem Ltd
MRC
Muller Group UK
National Association Of Health Stores
National Association Of Master Bakers
National Childbirth Trust
National Consumer Federation
National Council Of Hindu Temples
National Edible Oil Distributors Association
National Farmers' Union
National Federation Of Meat & Food Traders
National Federation Of Women's Institutes
National Heart Forum
National Heart Foundation Of Australia
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National Institute For Health And Clinical Excellence (NICE)
National Institute Of Medical Herbalists
NCC
Nestle Confectionery (UK)
Nestle UK
NIFAC
NMB Consulting
Northamptonshire Trading Standards Service
Novartis Pharmaceuticals UK Ltd
Nutralife (UK) Limited
Nutri Ltd
Nutricia Ltd
Nutrifix
Nutrilaw
Nutrilicious
Nutritech & HFMA
Nutrition And Health Claims
Nutrition And Wellbeing
Nutritional Therapy Council
OceanC Ltd
Orangina Group
Orchard House Foods
Organisation Igi Food Consulting
Organisationname
Organix Brands Plc
PepsiCo UK And Ireland
Perrigo UK
Peter Davidson
Pizza Hut (UK)
Platinum Naturals
Potters Herbal Supplies Ltd
Premier Foods Ltd
Procter & Gamble Ltd
Proprietary Association Of Great Britain
Provision Trade Federation
PTF
Quest International
Quest Vitamins Ltd
R Twining And Co Ltd
Reading Scientific Services Ltd
Retail Unit, Berr
RHM Technology Ltd
Rio Trading Company (Health) Ltd
Royal College Of Midwives
Royal College Of Paediatrics And Child Health
Royal College Of Physicians
Royal Institute Of Public Health
Royal Pharmaceutical Society Of Great Britain
Rubicon Drinks Ltd
Seven Seas Ltd
SHS International Limited
SiS (Science In Sport) Ltd
Snack, Nut & Crisps Manufacturers Association
Sodexo
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Soil Association
Somerfield Stores Limited
Somerfield Stores Limited
Sopexa UK
Speechly Bircham Llp
Spring Singapore
St George's University Of London
St Ivel Spreads
Stewartnutrition
Stute Foods Ltd
Surrey County Council
Surrey Trading Standards
Sustain: The Alliance For Better Food And Farming
Tate & Lyle Plc
Tesco Stores Plc
The British Association For Applied Nutrition
The Co-Operative Group
The Dairy Council
The Dairy Council (NI)
The European Consumers' Organisation
The Food Commission
The Nutrition Society
The Sugar Bureau
Thomas Lownes And Co Ltd
Thompson & Capper Ltd
Trading Standards
Transport And General Workers' Union
Typhoo Tea Ltd
UK VLCD Industry Group
Ulster Farmers' Union
Unilever Plc
Unilever UK Food
Unilever UK Legal Department
Uniq
United Business Media Plc
University Of Birmingham
University Of Central Lancashire
University Of Liverpool
University Of Reading
University Of Southampton
Univ-Vibe Export Ltd
VEGA - Vegetarian Economy And Green Agriculture
Vegan Society
Vegetarian & Vegan Foundation
Vegetarian Society Of The United Kingdom
Vinegar Brewers' Federation
Waitrose Ltd
Walsall Metropolitan Borough Council
Weetabix Limited
Wellness Foods Ltd
Westler Foods Ltd
Which?
Whitehouse Consultancy Ltd
Wm Morrison Supermarkets Plc
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Women's Food & Farming Union
Worcestershire Scientific Services
Wyeth Consumer Healthcare
Yakult UK Ltd
Youngs Seafood
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