DR. P. VINCENT HEGARTY MICHIGAN STATE UNIVERSITY SOUTH AFRICA Pretoria February 2016 CONVERTING NUTRITION SCIENCE INTO NUTRITION LAWS AND REGULATIONS DR. P. VINCENT HEGARTY Founding Director and Professor Emeritus INSTITUTE for FOOD LAWS and REGULATIONS MICHIGAN STATE UNIVERSITY vhegarty@msu.edu www.iflr.msu.edu

TAKEAWAY MESSAGES: 1. NATIONAL FOOD / DIETARY / NUTRIENT CONSUMPTION DATA --- Very important: Nutrient deficiencies and excesses Monitoring and Updating: Nutrition labelling Food hygiene Food contaminants Food additives Pesticide residues Veterinary drug residues Allergens Etc. etc. etc. 2. NUTRITION LABELLING --- Constantly evolving internationally 3. IMPROPER LABELLING --- International and national rejection of food

TAKEAWAY MESSAGES (Continued: CODEX ALIMENTARIUS --- Important source of nutrition/health information. For example: General Principles for the Addition of Essential Nutrients to Foods CAC/GL 9-1987 Guidelines for Use of Nutrition and Health Claims CAC/GL 23-1997 Codex Standard for the Labelling of and Claims for Foods for Special Medical Purposes CODEX STAN 180-1991 Advisory Lists of Nutrient Compounds for Use in Foods for Special Dietary Uses Intended for Infants and Young Children CAC/GL 10-1979 Guidelines for Vitamin and Mineral Food Supplements CAC/GL 55-2005 Codex Standard for Formula Foods for Use in Weight Control diets CODEX STAN 181-1991

SOUTH AFRICA: FOOD / DIETARY CONSUMPTION DATA Food Consumption Changes in South Africa Since 1994 Ronquest-Ross, L-C, Vink, N and Sigge, G.O South African Journal of Science, 111, No. 9/10, 2015 “Food consumption patterns in South Africa have changed dramatically over the past decades and likely will continue to change over the coming decades”

CODEX: GUIDELINES on NUTRITION LABELLING CAC/GL 2-1985 www. fao CODEX: GUIDELINES on NUTRITION LABELLING CAC/GL 2-1985 www.fao.org/fao-who-codexalimentarius/download/standards/34/CXG_002e_2015.pdf Adopted: 1985 Revision: 1993 and 2011 Amendment: 2003, 2006, 2009, 2010, 2012 and 2013 ANNEX: Adopted: 2011 Revision: 2013 and 2015

CAC/GL 2-1985 (Continued: PURPOSE of the GUIDELINES PRINCIPLES for NUTRITION LABELLING: Nutrient declaration Supplementary nutrition information Nutrition labelling 1. SCOPE 2. DEFINITIONS 3. NUTRIENT DECLARATIONS 4.PRINCIPLES AND CRITERIA FOR LEGIBILITY OF NUTRITION LABELLING ANNEX: GENERAL PRINCIPLES FOR ESTABLISHING NRVs

OUTSIDER’S VIEW ON SOUTH AFRICA’S AMENDMENTS TO FOOD LABELLING AND ADVERTISING (R429) http://gain.fas.usda.gov August 22, 2014 “……the regulation lacks clarity on a lot of sections, and this could result in negative unintended consequences and would not fulfill the objectives of the regulation” “The consequence of government’s lack of capacity could result in only larger and mainly international food companies complying with the regulation…….” “….. The consequences of small and medium food businesses operating under the radar and not complying with the regulation could result in worse consequences for consumers.”

OUTSIDER’S VIEW (Continued: “Media reports and post contacts raised concerns on whether government has the capacity to implement this regulation equitably.” …..”contacts have raised concern on the scientific validity of some claims made by the regulation, and have also called on the South African government to undertake a scientific study relevant to South Africa before implementing this regulation, especially when the regulation deviates from internationally accepted standards such as CODEX.” “The regulation provides a list of health and nutrition claims that can be used in labelling or adverts, but has no provision for the potential approval or assessment of any new health and nutrition claims in the event that valid and scientific claims are discovered in the future.”

GENETICALLY ENGINEERED (GE) CROPS IN SOUTH AFRICA - LABELLING: AN OUTSIDER’S VIEW http://gain.fas.usda.gov July 14, 2015 “South Africa’s new Consumer Protection Bill came into effect in 2011. The new act requires virtually every product label in South Africa’s food and beverage industry to be changed to comply with mandatory GE labelling requirements. However, strong criticism from stakeholders in the food chains, due to the ambiguity and complexity of the issue, has resulted in the Department of Trade and Industry (DTI) appointing a task team to address the conflicts and confusion of the labeling regulation………However, new GE labelling regulations have not yet been published and the issues is still lingering.”

GENERAL PRINCIPLES FOR THE ADDITION OF ESSENTIAL NUTRIENTS TO FOODS CAC/GL 9-1987 www.fao.org/fap-who-codexalimentarius/download/standards/351/CXG_023e.pdf 1. SCOPE 2. DEFINITIONS 3. GENERAL PRINCIPLES PRINCIPLES FOR SPECIFIC TYPES OF ADDITION OF ESSENTIAL NUTRIENTS Mandatory Addition of Essential Nutrients to Address a Demonstrated Public Health Need Addition of Essential Nutrients for Restoration Addition of Essential Nutrients for Nutritional Equivalence

GUIDELINES FOR USE OF NUTRITION AND HEALTH CLAIMS CAC/GL 23-1997 www GUIDELINES FOR USE OF NUTRITION AND HEALTH CLAIMS CAC/GL 23-1997 www.fao.org/fao-who-codexalimentarius/download/standards/351/CXG_023e.pdf SCOPE 2. DEFINITIONS 3. NUTRITION LABELLING 4. NUTRITION CLAIMS 5. NUTRIENT CONTENT CLAIMS 6. COMPARATIVE CLAIMS 7. NON-ADDITION CLAIMS HEALTH CLAIMS ANNEX: RECOMMENDATIONS ON THE SCIENTIFIC SUBSTANTIATION OF HEALTH CLAIMS SCOPE 2. DEFINITIONS SCIENTIFIC SUBSTANTIATION OF HEALTH CLAIMS SPECIFIC SAFETY CONCERNS RE-EVALUATION

EU HEALTH CLAIMS 222 Health Claims ALLOWED As of December 2012: 222 Health Claims ALLOWED 1500+ Health Claims REJECTED EU Register of Nutrition and Health Claims available at: http://ec.europa.eu

CODEX STANDARD FOR THE LABELLING OF AND CLAIMS FOR FOODS FOR SPECIAL MEDICAL PURPOSES CODEX STAN 180-1991 www.fao.org/fao-who-codexalimentarius/download/standards/294/CXS_180e.pdf SCOPE DESCRIPTION GENERAL PRINCIPLES LABELLING: Nutrition Labelling Date Marking Additional Information Information to be Included in the Labelling

ADVISORY LISTS OF NUTRIENT COMPOUNDS FOR USE IN FOODS FOR SPECIAL DIETARY USES INTENDED FOR INFANTS AND YOUNG CHILDREN CAC/GL 10-1979 www.fao.org/fao-who-codexalimentarius/download/standards/300/CXG_010e_2015.pdf PREAMBLE CRITERIA FOR THE INCLUSION AND DELETION OF NUTRIENT COMPOUNDS FROM THE ADVISORY LISTS OPTIONAL INGREDIENTS ADVISORY LIST OF FOOD ADDITIVES FOR SPECIAL NUTRIENT FORMS

GUIDELINES FOR VITAMIN AND MINERAL FOOD SUPPLEMENTS CAC/GL 55-2005 www GUIDELINES FOR VITAMIN AND MINERAL FOOD SUPPLEMENTS CAC/GL 55-2005 www.fao.org/fao-who-codexalimentarius/download/standards/10206/cxg_055e.pdf PREAMBLE SCOPE 2. DEFINITIONS COMPOSITION Selection of Vitamins and Minerals Contents of Vitamins and Minerals 4. PACKAGING 5. LABELLING

CODEX STANDARD FOR FORMULA FOODS FOR USE IN WEIGHT CONTROL DIETS CODEX STAN 181-1991 www.fao.org/fao-who-codexalimentarius/download/standards/295/CXS_181e.pdf SCOPE DESCRIPTION ESSENTIAL COMPOSITION AND QUALITY FACTORS Energy Content Nutrient Content Protein Fat and linoleate Vitamins and Minerals Ingredients 4. FOOD ADDITIVES

CODEX STAN 181-1991 (Continued: CONTAMINANTS Pesticide Residues Other contaminants 6. HYGIENE 7. PACKAGING 8. FILL OF CONTAINER LABELLING The Name of the Food List of Ingredients Declaration of Nutrient Value Date Marking Storage Instruction Additional Provisions

SCIENTIFIC ACCURACY IN REGULATORY DEFINITIONS --- NOT EASY ‘NATURAL’ December 2015: FDA asked for information and public comment on questions such as: Whether it is appropriate to define the term “natural” If so, how the agency should define “natural,” and How the agency should determine appropriate use of the term on food labels. www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/LabelingNutriti on/ucm456090.htm To-date, the FDA got 3,300 replies --- and the replies are still coming! ‘GLUTEN-FREE’ “‘Gluten-free’ Now Means What It Says’” www.fda.gov/forconsumers/consumerupdates/ucm363069.htm

THANKS GO RAIBH MAITH AGAIBH (Irish) TO: YOU IUFoST SAFFoST