FSA Letter (CPD/027, CPD/104), 4 February 2009
Commission Regulation concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten
On the 21st January 2009 the EC Regulation 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten was published in the Official Journal of the European Union (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:016:0003:0005:EN:PDF).
In broad terms the main provisions of the new regulation do the following:
- define the terms ‘gluten', ‘wheat' and ‘foodstuffs for people intolerant to gluten';
- set out rules for the use of the terms ‘gluten-free' and ‘very low gluten' in the labelling, advertising and presentation of foodstuffs for people intolerant to gluten, other foods for particular nutritional uses and foodstuffs for normal consumption;
- set a limit on the gluten content of oats contained in foodstuffs for people intolerant to gluten.
Food businesses can now start to use the labelling terms set out in the legislation as long as the products to which they are applied meet the relevant compositional criteria therein. All products carrying the claims ‘gluten-free' or ‘very low gluten' must comply with the provisions of this Regulation from 1st January 2012. The Agency will produce guidance notes to accompany the Regulation and will consult stakeholders on these in due course.
Report from the Commission on the implementation of Article 9 of Council Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses.
Article 9(5) of Directive 89/398/EEC relating to foods for particular nutritional uses, otherwise called dietetic foods, provides that the Commission would report on the implementation and functioning of Article 9 of Council Directive 89/398/EEC. The Commission has recently published such a report covering the period from 2002 to 2006. [A copy of this report, published as a COMDOC, is available on this site. See: COM(2008)393]
The report highlights that certain provisions of Directive 89/398/EEC are not being applied in a harmonised manner throughout the EU. Certain products are accepted as ‘Article 9' products in some Member States but not in others. This is largely because of the lack of agreement between individual Member States on the interpretation of the definition of a food for particular nutritional use.
The report concludes that a revision of the Article 9 of Council Directive 89/398/EEC, together with other relevant articles, is required for more effective and harmonised application of the dietetic foods legislation.
The Agency is aware that the Commission is collating information to inform an impact assessment and as such would welcome any views and comments from stakeholders on the conclusions of this report by 17th April 2009.
Report from the Commission on foods for persons suffering from carbohydrate metabolism disorders (diabetes)
Directive 89/398/EEC relating to foods for particular nutritional uses , otherwise called dietetic foods, provides that the Commission would report on the desirability of special provisions for foods for people with carbohydrate-metabolism disorders (diabetes). This report fulfils that obligation and summarises the dietary recommendations for people with diabetes and the current European Member States' legislation on foods intended for them so that the desirability of special provisions for foods for people with diabetes can be assessed. [A copy of this report, published as a COMDOC, is available on this site. See: COM(2008)392]
The report identifies three possible legislative options for dealing with foods intended for persons with diabetes:
- Adopt a Commission Directive laying down specific compositional requirements for labelling foods products as suitable for diabetics.
- Amend the framework Directive 89/398/EEC so that these products are deleted from Annex I, i.e. they will not be the subject of a specific Directive but may be marketed as suitable for diabetics under the provisions of Article 9.
- Amend the framework Directive 89/398/EEC so that foods intended for persons with diabetes are excluded from the scope of that Directive, i.e. they cannot be marketed as foods for particular nutritional uses.
The report refers to two technical reviews on the evidence for the nutritional management of diabetic patients and, in the light of these reviews, concludes that there are no grounds for developing specific compositional requirements for foods intended for diabetics. The report proposes that Directive 89/398/EC be amended in order that no specific Directive is required for foods intended for diabetics i.e. it rules out the first legislative option described above. Instead, it proposes that solutions for dealing with foods intended for diabetics be elaborated and presented during discussions on the revision of framework Directive 89/398/EC.
The Agency is aware that the Commission is collating information to inform an impact assessment and as such would welcome any views and comments from stakeholders on the conclusions of this report by 17th April 2009.