FSA Consultation Letter, 2 March 2005

PARNUTS / CONTAMINANTS - Tryptophan in Food Regulations

Prohibition of the addition of tryptophan in food, and the sale, offer for sale and exposure for sale of food containing tryptophan, subject to exceptions. Responses are requested by: 25 May 2005

Consultation details

The FSA are seeking views and comments on the proposed Tryptophan in Food ( England ) Regulations (2005) ('the draft Regulations').

The draft Regulations seek to:

(a) allow the addition of a new exemption from the prohibitions of the original Tryptophan in Food Regulations (1990), in respect of laevorotatory tryptophan (L-tryptophan) added to food supplements if certain conditions are met with regard to purity criteria and recommended daily dose;

(b) the insertion of a qualification to the existing exemption in respect of L-tryptophan added to foods for a particular nutritional use in that the added substance must comply with specific purity criteria and not exceed the recommended daily dose.

The regulations are intended to apply to England only. Separate, parallel legislation will be made in Scotland , Wales and Northern Ireland .

Stakeholders' views are sought on the following documents:

(i) The Tryptophan in Foods ( England ) Regulations 2005

Draft Regulations consolidating, with amendments, the Tryptophan in Food Regulations (1990) as amended, in relation to England . [See Draft Tryptophan Regulations]

(ii) Regulatory Impact Assessment

A partial Regulatory Impact Assessment (RIA) containing an assessment of the likely impact of the draft Regulations in terms of costs and benefits. [See Draft Tryptophan Regulations RIA]

Special questions for the consultation

Partial Regulatory Impact Assessment:

• What would be the cost to producers of meeting Option 2, the requirement for European Pharmacopoeia purity criteria for L-tryptophan-containing foods for particular nutritional uses (Table 1, Partial RIA)?
• What would be the cost to producers of meeting Option 3, the requirement for European Pharmacopoeia purity criteria for L-tryptophan-containing foods for particular nutritional uses as well as permitting the addition of L-tryptophan in food supplements, provided that the added tryptophan complies with EP purity criteria and provided that the recommended daily dose does not exceed 22mg (Table 1, Partial RIA)?
• Does the RIA accurately reflect the cost implications for businesses affected by the draft Regulations?
• Are there other implications for consumers, enforcement officers and businesses, which should be taken into account?
• Is there any other information you can provide that would better illustrate the effects of these proposals on consumers, enforcement officers and businesses?

The Food Standards Agency (FSA) offices in Scotland , Wales and Northern Ireland will be issuing a separate consultation document on the above proposals.