2) the reply from the FSA
Dear Mr Revill
You express concern about the imposition of limitations on the levels of
vitamins and minerals in food supplements by Codex Alimentarius, and the
possibility of genetically modified food being sold without being labelled
as such.
The Food Standards Agency (FSA) is not aware of any plans on the part of
Codex Alimentarius that would make it illegal to recommend food
supplements, or enable genetically modified food to be sold without being
labelled as such. The Agency is also not aware of any plans on the part of
Codex Alimentarius that would place restrictions on common foods such as
garlic or peppermint.
I would begin by clarifying that Codex texts are not legislation. Codex
guidelines are recognised by the World Trade Organisation (WTO) as the
basis of international trade standards and are used by the WTO as a means
of resolving international trade disputes. Such texts are not enshrined in
UK law as a matter of course. Indeed, the area of food supplements is
governed by EU legislation, although it is true to say that Codex
documents, where they exist, are often taken into account during the
development of EU food law. You may find guidance entitled, ‘Understanding
the Codex Alimentarius’ of interest. The guidance document provides
background information about Codex Alimentarius, and explains how the Codex
system works, and is available at:
ftp.fao.org...
Codex Alimentarius have not issued any legislative limitations for vitamins
and minerals in food supplements. However, Codex Guidelines for Vitamin and
Mineral Food Supplements were published in 2005 (copy attached). These
specific guidelines are in line with discussions on food supplements at a
European wide level. Codex Alimentarius are not carrying out any work on
setting dosage levels for nutrients in food supplements. The vitamin and
mineral content of food supplements is covered in Section 3.2 of the text
and suggests (a) 15% of the FAO/WHO recommended daily intake (RDI) as the
minimum level for each vitamin and / or mineral present and (b) an approach
for manufacturers to take when deciding the levels of vitamins and minerals
they put in their food supplements. No dosage levels are suggested.
(See attached file: cxg_055e.pdf)
The EC Food Supplements Directive 2002/46/EC was agreed in 2002, and has
applied in full since 2005. The Directive was implemented in England by
the Food Supplements Regulations 2003. The Directive sets out requirements
for setting maximum levels of vitamins and minerals in food supplements
through scientific risk assessment based on generally accepted scientific
data, taking into account, as appropriate, the varying degrees of
sensitivity of different consumer groups.
As part of the process for setting these maximum levels, the European
Commission issued a discussion document for consultation last year, which
comprised a series of technical questions to ascertain opinions from all
Member States on this issue. A wide range of UK stakeholders were invited
to attend two meetings to discuss the questions raised in the discussion
document and to inform the UK Government response. The discussion document
and Member States responses together with stakeholder responses have been
collated by the Commission and can be found on the Commission food
supplement gateway at:
ec.europa.eu...
The UK response was welcomed by the Commission.
The Commission has said that work carried out in the UK by the Expert Group
on Vitamins and Minerals (recommending safe upper levels for vitamins and
minerals) and the National Diet and Nutrition Survey will be key factors in
the development of future proposals.
As the next step in the process, the Commission published an orientation
paper on setting maximum and minimum levels of vitamins and minerals in
foodstuffs in early August (copy attached). The FSA sent a copy of this
paper to stakeholders inviting their comments and held a meeting with them
to discuss the paper in advance of a Commission working group meeting with
Member States.