14-03
17 December 2003
INITIAL ASSESSMENT REPORT
APPLICATION A479
FORMAT AND LISTING OF NUTRIENTS IN THE NUTRITION INFORMATION PANEL
DEADLINE FOR PUBLIC SUBMISSIONS to FSANZ in relation to this matter:
28 January 2004
(See ‘Invitation for Public Submissions’ for details)
FOOD STANDARDS AUSTRALIA NEW ZEALAND (FSANZ)
FSANZ’s role is to protect the health and safety of people in Australia and New Zealand through the maintenance of a safe food supply. FSANZ is a partnership between ten Governments: the Commonwealth; Australian States and Territories; and New Zealand. It is a statutory authority under Commonwealth law and is an independent, expert body.
FSANZ is responsible for developing, varying and reviewing standards and for developing codes of conduct with industry for food available in Australia and New Zealand covering labelling, composition and contaminants. In Australia, FSANZ also develops food standards for food safety, maximum residue limits, primary production and processing and a range of other functions including the coordination of national food surveillance and recall systems, conducting research and assessing policies about imported food.
The FSANZ Board approves new standards or variations to food standards in accordance with policy guidelines set by the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) made up of Commonwealth, State and Territory and New Zealand Health Ministers as lead Ministers, with representation from other portfolios. Approved standards are then notified to the Ministerial Council. The Ministerial Council may then request that FSANZ review a proposed or existing standard. If the Ministerial Council does not request that FSANZ review the draft standard, or amends a draft standard, the standard is adopted by reference under the food laws of the Commonwealth, States, Territories and New Zealand. The Ministerial Council can, independently of a notification from FSANZ, request that FSANZ review a standard.
The process for amending the Australia New Zealand Food Standards Code is prescribed in the Food Standards Australia New Zealand Act 1991 (FSANZ Act). The diagram below represents the different stages in the process including when periods of public consultation occur. This process varies for matters that are urgent or minor in significance or complexity.
INVITATION FOR PUBLIC SUBMISSIONS
FSANZ has prepared an Initial Assessment Report of Application A479, which includes the identification and discussion of the key issues.
FSANZ invites public comment on this Initial Assessment Report for the purpose of preparing an amendment to the Code for approval by the FSANZ Board.
Written submissions are invited from interested individuals and organisations to assist FSANZ in preparing the Draft Assessment/Final Assessment for this Application. Submissions should, where possible, address the objectives of FSANZ as set out in section 10 of the FSANZ Act. Information providing details of potential costs and benefits of the proposed change to the Code from stakeholders is highly desirable. Claims made in submissions should be supported wherever possible by referencing or including relevant studies, research findings, trials, surveys etc. Technical information should be in sufficient detail to allow independent scientific assessment.
The processes of FSANZ are open to public scrutiny, and any submissions received will ordinarily be placed on the public register of FSANZ and made available for inspection. If you wish any information contained in a submission to remain confidential to FSANZ, you should clearly identify the sensitive information and provide justification for treating it as commercial-in-confidence. Section 39 of the FSANZ Act requires FSANZ to treat in-confidence, trade secrets relating to food and any other information relating to food, the commercial value of which would be, or could reasonably be expected to be, destroyed or diminished by disclosure.
Submissions must be made in writing and should clearly be marked with the word ‘Submission’ and quote the correct project number and name. Submissions may be sent to one of the following addresses:
Food Standards Australia New Zealand Food Standards Australia New Zealand
PO Box 7186 PO Box 10559
Canberra BC ACT 2610 The Terrace WELLINGTON 6036
AUSTRALIA NEW ZEALAND
Tel (02) 6271 2222 Tel (04) 473 9942
www.foodstandards.gov.au www.foodstandards.govt.nz
Submissions should be received by FSANZ by 28 January 2004.
Submissions received after this date may not be considered, unless the Project Manager has given prior agreement for an extension.
While FSANZ accepts submissions in hard copy to our offices, it is more convenient and quicker to receive submissions electronically through the FSANZ website using the Standards Development tab and then through Documents for Public Comment. Questions relating to making submissions or the application process can be directed to the Standards Liaison Officer at the above address or by emailing .
Assessment reports are available for viewing and downloading from the FSANZ website. Alternatively, requests for paper copies of reports or other general inquiries can be directed to FSANZ’s Information Officer at either of the above addresses or by emailing .
Further Information
Further information on this Application and the assessment process should be addressed to the FSANZ Standards Liaison Officer at one of the following addresses:
Food Standards Australia New Zealand Food Standards Australia New Zealand
PO Box 7186 PO Box 10559
Canberra BC ACT 2610 The Terrace WELLINGTON 6036
AUSTRALIA NEW ZEALAND
Tel (02) 6271 2222 Tel (04) 473 9942
www.foodstandards.gov.au www.foodstandards.govt.nz
Assessment reports are available for viewing and downloading from the FSANZ website www.foodstandards.gov.au or alternatively paper copies of reports can be requested from FSANZ’s Information Officer at including other general enquiries and requests for information.
CONTENTS
Executive Summary 6
1. Introduction 8
1.1 Nature of Application 8
2. Regulatory Problem 8
2.1 Current Standard 8
2.2 The Problem 10
3. Objective 10
4. Background 11
4.1 Proposal P167 - Review of Nutrition Labelling 11
4.2 Use of Nutrition Information Panels by Consumers 12
4.3 Use of Nutrition Information Panels by Industry 12
4.4 Issues raised by Government agencies 12
4.5 Work Plan Classification 13
5. Relevant Issues 13
5.1 The need for consistent information for consumers to make informed decisions 13
5.2 International Practice 14
5.3 International Trade 17
6. Regulatory Options 17
7. Impact Analysis 17
7.1 Affected Parties 17
7.2 Data Collection 17
7.3 Impact Analysis 17
8. Consultation 17
8.1 Public consultation 17
8.2 World Trade Organization (WTO) 17
9. Conclusion and Recommendation 17
10. References 17
Executive Summary
Standard 1.2.8 – Nutrition Information Requirements in the Australia New Zealand Food Standards Code (the Code) requires nutrition information on most food labels in the form of a Nutrition Information Panel (NIP). In the NIP, information on the amount of energy, protein, total fat, saturated fat, carbohydrate, sugar and sodium must be displayed. In addition to mandating the information that is required in a NIP, clause 5 in Standard 1.2.8 mandates the format in which the information is to be presented. The intention of prescribing the format is to more readily enable consumers to make an informed choice about the nutritional content of the food they purchase.
Application A479 from the NSW Health Department, seeks to amend Standard 1.2.8 - Nutrition Information Requirements to allow for the format of the NIP to be more flexible than that currently permitted. Specifically, it proposes to allow for the nutrient listing to appear in a different order, using similar terms, as long as the nutrients declared in the NIP are, at a minimum, the same as the nutrients outlined in Standard 1.2.8 of the Code. It also proposes flexibility in the ordering of the ‘per serve’ and ‘per 100g’ columns.
The problem as described by the Applicant is that several imported foods do not comply with the prescribed requirements in clause 5, Standard 1.2.8. The Applicant contends that many non-compliant imports provide similar information to that required by the Code, with slight differences in the presentation of the information. The Applicant considers that such labelling meets the intent ofStandard 1.2.8 and that consumers are able to obtain sufficient information from the label to make informed choices. The Applicant proposes that flexibility in the presentation of the NIP should be applied to both imported and domestic products.
A number of relevant issues need to be considered as part of A479 including:
· the need for consistent information for consumers to make informed food purchasing decisions;
· international practice, where a number of other countries also mandate the content and format of NIPs; and
· Australia/New Zealand WTO obligations and international trade implications of the current Standard 1.2.8.
Two regulatory options have been identified at Initial Assessment:
Option 1: Maintain the current requirements in clause 5, Standard 1.2.8 of the Code, which prescribe the format for the presentation of information in the NIP.
Option 2: Allow flexibility in the presentation of information in the NIP by permitting an alternate format in clause 5, Standard 1.2.8.
The parties affected by the options proposed can be broadly divided into four groups: the food industry, consumers, government and health professionals. The sectors of the food industry that would primarily be affected would be overseas food manufacturers, local importers and distributors, and domestic food manufacturers. A significant number of consumers will be affected by this Application.
The FSANZ quantitative consumer survey indicated that sixty-six percent of consumers use the NIP, even if only occasionally, in making food purchasing decisions (FSANZ 2003). Health professionals are potentially affected given that the NIP is used in consumer education about nutrition and related food purchasing activities.
The New Zealand Government and the Australian State and Territory Governments are responsible for enforcing the Code at the domestic level. The Australian Quarantine and Inspection Service (AQIS) is responsible for enforcing the Code for imported foods in Australia while the New Zealand Food Safety Authority (NZFSA) and the public health units are responsible for enforcement of requirements for imported foods in New Zealand. This Application affects each of these government agencies.
The costs and benefits of the two identified options and their impacts on each stakeholder group are to be determined through response to a range of key questions that have been identified for the purpose of this assessment.
FSANZ is seeking public comment in order to assist in the assessment of this Application. The views of submitters will assist in the development of the Draft Assessment and a preferred regulatory approach for the declaration of information in the NIP.
1. Introduction
Standard 1.2.8 – Nutrition Information Requirements in the Code requires nutrition information on most food labels in the form of a Nutrition Information Panel (NIP). In the NIP, information on the amount of energy, protein, total fat, saturated fat, carbohydrate, sugar and sodium must be displayed. In addition to mandating the information that is required in a NIP, clause 5 in Standard 1.2.8 also mandates the format in which the NIP is presented. The requirements for mandatory nutrition information to be presented in a consistent format as mandated in the Code is to more readily enable consumers to make an informed choice about the nutritional content of the food they purchase.
1.1 Nature of Application
Application A479 from the NSW Health Department, seeks to amend
Standard 1.2.8 - Nutrition Information Requirements to allow the format of the NIP to be more flexible than currently allowed. Specifically, it proposes to allow for the nutrient listing to appear in a different order, using similar terms, as long as the nutrients declared in the NIP are, at a minimum, the same as the nutrients outlined in Standard 1.2.8 of the Code. It also proposes flexibility in the ordering of the ‘per serve’ and ‘per 100 g’ columns.
The proposed variation is being sought in order to accommodate the NIP on a wider range of imported products where the NIP differs in this regard. The example NIP provided by the applicant is that of the UK, where the ‘per serve’ and ‘per 100g’ columns are in a different order, the information on carbohydrates and fats appear in a different order, fibre information appears before sodium and slightly different terms are used (eg in relation to fat ‘of which: - saturates’ in the UK panel vs. ‘saturated’ in the Australia New Zealand panel).
The Applicant contends that imported products should be considered to comply with the requirements in Standard 1.2.8 if they carry at a minimum all of the mandatory information regardless of the order of the nutrients, the nutrient terms or the order of the columns. It is also suggested that although the NIP declared on the labels of several imported products do not comply with the specified format of Standard 1.2.8, they do meet the intent of the Standard. Whilst the Application focuses on imported products, the Applicant proposes that flexibility in the presentation of the NIP be applied to both imported and domestic products.
2. Regulatory Problem
2.1 Current Standard
Standard 1.2.8 – Nutrition Information Requirements defines the nutrition information requirements in relation to food. Amongst other requirements, it specifies the need for most foods to carry a NIP and also outlines the circumstances in which foods may be exempt from these labelling requirements.
Clause 5, Standard 1.2.8 specifically outlines the prescribed components of the NIP and the format in which this information must be presented. Unless the Standard permits a variation in the presentation of the required information, the prescribed format should be followed. This means that the elements of the NIP must appear in the exact order using the exact terminology prescribed; there must be two columns in the NIP – one ‘per serve’ and one ‘per 100 g’ or ‘100 ml’ where the ‘per serve’ column appears to the left hand side of the ‘per
100 g/ml’ column, as outlined below in Figure 1.
Standard 1.2.8 of the Code applies equally to both domestic and imported food products.
Figure 1 Australia/New Zealand Nutrition Information Panel
NUTRITION INFORMATIONServings per package: 3
Serving size: 150 g
Quantity per Serving / Quantity per 100g (or 100mL)
Energy / 608 kJ / 405 kJ
Protein / 4.2 g / 2.8 g
Fat, total
- saturated
- / 7.5 g
4.6 g / 4.9 g
3.0 g
Carbohydrate
sugars / 18.6 g
18.6 g / 12.4 g
12.4 g
Sodium / 90 mg / 60 mg
2.2 The Problem
The Applicant advises that several imported foods do not comply with the labelling requirements of the Code, in that the information presented in the NIP does not comply with the format prescribed in the Code. The labels of many non-compliant imports do provide the same information to that required by the Code but present it with slight differences, such as: different words, different ordering of nutrients, a different set of nutrients, or a different ordering of the ‘per serve’ and ‘per 100 g’ columns of the NIP. The Applicant suggests that such labelling meets the intent of the Code and that consumers are able to obtain the same information from the label to make informed choices. The problem from an enforcement perspective according to the Applicant, is that while these products satisfy the intent of the Code, officers that enforce the Code when requested, must make what is an apparently wrong and illogical ruling and declare the products to be non-compliant.