Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

Providng access to food law since May 1996

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Last updated: 9 July, 2024

Fortified Foods

Providing access to the EU and UK legislation

On this page:

  • Summary - Brief details of the chronology of developments linked to this topic
  • EU Legislation - Listing of Regulations covering the topic
  • UK Legislation - Listing of Regulations covering the topic

Summary

The topic of Food Supplements is related to this topic but is covered on a separate page. For details, see: Food supplements.

The approach to food fortification and the imposition of legal controls by Member States has historically followed quite different routes. These have varied from strict controls placing significant limits on its use by some Member States to an approach where controls were limited or absent allowing manufacturers much greater freedom but subject to over-riding controls requiring the production of safe products.

These differences made devising a common approach difficult but, for the purposes of helping free movement of goods, it made the need more important. Ultimately limited agreement was reached and Regulation 1925/2006 was adopted. This provides a list of of subatances (Annexes I and II) which are be permitted for use as vitamins and minerals. Although a procedure was included for providing maximum levels for the addition of vitamins and minerals to foods was included (Article 6 and 14(2)), no levels have so far been adopted. Until any Union-wide rules are adopted, Member States have been allowed to maintain their existing limits.

The controls also cover the addition of 'other substances'. These are defined in Article 2 as 'substances other than a vitamin or a mineral that has a nutritional or physiological effect.' A procedure is provided (Article 8) for the assessment of these other substances when their use 'would result in the ingestion of amounts of this substance greatly exceeding those reasonably expected to be ingested under normal conditions of consumption of a balanced and varied diet and/or would otherwise represent a potential risk to consumers.' The Regulation provides (in Annex III) a place for the listing of these substances (whether prohibited, restricted, or under scrutiny).Two substance have been considered for approval under these rules but, due to safety concerns, their use for fortification has been prohibited.

For the Commission's page on this topic, see: Addition of vitamins and minerals. The Commission maintains a register giving details of both the substances approved by the Regulation and the different national provisions imposing national limits (see link below).

EU Law

Framework Regulation:

Supporting Measures:

Guidance:

UK Legislation

Brexit: Prior to the IP Completion Day (31 December 2020), the legal requirements given in the EU Regulations listed above still applied to the UK. Since IP Completion Day, the EU Regulations above have been incorporated into UK legislation but with amendments to correct deficiencies. Information on this is given below. For more details of the process of incorporating EU legislation into UK law, see the separate page: UK Food Law: EU Legislation as Amended for the UK. Provisions for the enforcement of the controls (originally the EU Regulations but now as amended) have been provided in the UK Regulations listed below. For Northern Ireland, EU rules still apply.

Guidance (from Department of Health and Social Care):

EU Legislation amended for application in the UK: with links to legislation.gov.uk

Enforcement

Requirements for implementation and enforcement are provided separately for the four parts of the United Kingdom.

This page was first provided on 8 January 2021
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