Scotland launches consultation on stricter HFSS
restrictions | FSA launch campaign on allergy risks with vegan
labelling | Consultation launched on fairer food
labelling
UK
Scotland launches consultation on stricter HFSS
restrictions
The Scottish government has launched a consultation on the detail of proposed
regulations to restrict the promotions and location restrictions of
foods high in fat, sugar or salt (HFSS). These would be the
equivalent restrictions of the ones that have entered into law in
England (although the promotion restrictions have not yet come into
force).
The proposals differ somewhat to those in England with meal deal
offers and temporary price reductions being included in the
Scottish proposals. However the Scottish government states the
definition for volume price promotions will be consistent with that
set out in the UK government regulations, and that it will use the
same nutrient profiling model definition as in England to define
the products in scope. The consultation closes on 21 May.
If the regulations are implemented as envisaged, this would mean
that businesses would have to comply with a different set of
regulations in Scotland compared to England. This would be
particularly challenging in relation to price promotions offered
online, as it is not yet clear how a trader would determine when to
apply the English rules and when to apply the Scottish rules.
FSA launch campaign on allergy risks with vegan
labelling
Recent research released by the Foods Standards Agency (FSA)
showed that 62% of people who react to animal-based products are
confident that products labelled as “vegan” are safe to
eat. The regulator says such confidence is incorrect and may be
putting these consumers at risk due to cross-contamination. It has
launched the “Vegan Food and Allergens Campaign” to make
people aware that they must also be checking labels for a “may
contain” label.
Emily Miles, CEO of the FSA said: “It’s concerning that
so many people who are allergic to milk, eggs, fish and crustaceans
or molluscs believe food labelled as ‘Vegan’ is safe for
them to eat because they assume it doesn’t contain products of
animal origin. Unfortunately, the reality of food production means
there is still a risk of cross-contamination with animal-based
allergens in vegan and plant-based products if produced in the same
factory as animal-based products.”
Businesses should remember the importance of using precautionary
allergen labelling, for example using the “may contain”
statement, where there is a known risk of cross-contamination to
ensure they are clearly communicating these risks to the
consumer.
Consultation launched on fairer food
labelling
The government has launched a consultation on fairer food labelling to
provide consumers with information on where pork, chicken and eggs
products comes from and how production methods align to welfare
standards. This follows the announcement made by the environment
secretary, Steve Barclay, earlier this year (see our January Regulatory Outlook). The labelling proposals
being put forward are as follows:
- a label with five tiers, underpinning standards that are
primarily based on method of production, differentiating between
products that fall below, meet and exceed relevant baseline UK
welfare regulations; and - this would be required on all domestic and imported unprocessed
pork, chicken and eggs and certain prepacked and loose minimally
processed products with pork, chicken or egg.
The consultation closes on 7 May 2024.
Businesses should read the consultation document and decide
whether they would like to respond.
Sector calls for mandatory food waste
reporting
Campaign group, Too Good To Go, has sent an open letter to Steve
Barclay calling on the government to mandate food waste reporting.
The letter follows the government’s announcement at the end of
last year that it was reconsidering mandatory food waste reporting
after it had initially said it would not implement the rules.
Businesses warned that the cost of food being wasted outweighs
the cost of extra reporting requirements, noting that reporting
requirements would provide them with necessary data to see where
there are inefficiencies within the supply chain.
FSA set out plans for novel food process
At the latest board meeting of the FSA on 20 March, the topic of
discussion was the acceleration of novel food approval
procedures.
One of the key proposals put forward was the elimination of the
requirement for a statutory instrument to be created after the
FSA’s risk assessment in order to approve the decision, which
currently slows down the approval process. Instead, it proposes to
establish a publicly available official register, following
ministerial approval. Additionally, it proposes to remove the need
for 10-year renewals of products, which would put a strain on its
resources. The FSA will still retain the power to reconsider any
product authorisation at any time. These changes are being put
forward using powers under the Retained EU Law (Revocation and
Reform) Act 2023. If implemented, they would significantly speed up
the process of bringing regulated products to market in the UK.
The FSA intends to put forward these legislative changes ahead
of the general election, and will publish the outcome of its
consultation in April, with an aim to lay the statutory instruments
in July. Read more.
EU
European Parliament and Council approve regulation on
geographical indications on products
The European Parliament has approved the reform of EU rules to enhance the
protection of geographical indications (GIs) for wine, spirit
drinks and agricultural products.
Notably, the new regulation require national authorities to take
action against the illegal use of GIs on the internet, including
shutting down domain names or implementing geo-blocking.
Additionally, the regulations codify existing case law to say that
GIs can only be used in the name, labelling or advertising of
related processed products if the GI ingredient is used in
sufficient quantities to confer an essential characteristic and no
comparable product is used.
The Council of the EU formally adopted the regulation on 26 March. It
will now be signed and published in the Official Journal of the EU
and will enter into force on the twentieth day following its
publication.
Feedback period open on plastic food contact
materials
The European Commission has, on 13 March, opened a feedback period on the draft amending
regulation on recycled plastic materials and articles intended to
come into contact with food, and also the amending regulation on
good manufacturing practice and quality control for materials and
articles intended to come into contact with food.
The amending regulation will require that these materials and
articles comply with restrictions of certain substances, have been
subject to a risk assessment and have been subject to an individual
toxicological assessment. The feedback period is open until 10
April 2024.
Businesses should review the proposed changes and decide whether
they wish to provide feedback on the amending regulations.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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