Nutrition

Nutrition In this feature UK Latvia EU Pepper, an expensive spice, was subjected to extensive adulteration Food law: a history From 1200 to the present day, Paul Allen takes us on a journey through food law down the ages F For more than six centuries, adulteration of food and drink was rife in the UK rom the year 1200, guilds or trade associations were responsible for maintaining the purity of the foods with which their members dealt. Bread was rst controlled by law in 1202, mainly for quantity, not quality; it was not until the Bakers Company was established in 1307 that there was any attempt at quality control. In 1429, the Grocers Company was established to deal with grocers, confectioners and tobacconists. Their inspectors tested by appearance, taste or smell, rather than by chemical or scientic means. Between 1700 and 1875, various statutes were passed by parliament to try to deal with the adulteration of specic foods or drugs, but to little effect because there was no independent enforcement. Pepper, an expensive spice, was the subject of extensive adulteration, as were sugar, other spices, beeswax, butter, milk, tea and coffee. Acts of Parliament in 1730 and 1777 prohibited the adulteration of tea, while acts of 1718, 1724 and 1803 did the same for coffee. Ale tasters controlled beer quality, but there was no statutory control of this until 1761. The Vintners Company controlled wine from 1437, and acts of 1817 and 1818 controlled spirits but all were largely ineffective. For more than six centuries, adulteration of food and drink was rife in what is now known as the UK. With the increase in scientic expertise and a rise in press interest, however, the government of 1860 was persuaded to pass the Adulteration of the Food and Drink Act. This did not provide for statutory enforcement: it gave local authorities the right, but not a duty, to appoint an analyst. Enforcement was eventually provided for by the Sale of Food and Drugs Act 1875, which required local authorities to appoint public analysts and enforcement ofcers now called environmental health and trading standards ofcers. UK 1875 to 1973 The 1875 Act made it a criminal offence to sell, to the prejudice of the purchaser, any food or drug that was injurious or not of the nature, substance or quality of the article demanded by the purchaser. These words were repeated in the major consolidation Act of 1928 and in the Food and Drugs Act of 1955, and stood the test of time right up until the more modern language of the Food Safety Act 1990. All of these laws set out to prevent the sale of food and drugs that were not t for human consumption and/or not correctly described. They did not provide for statutory information to be given to consumers to help them make informed dietary choices. European Union 1973 to 2011 The UK joined the European Economic Community (EEC) in 1973 and Directive 77/94/ EEC relating to foodstuffs for particular nutritional uses was enacted in 1976, setting out controls on dietary (dietetic) products. In 1978, the EEC passed the rst major law relating to the labelling, presentation and advertising of foodstuffs for sale to consumers (Directive 79/112/EEC). This set out a framework for ensuring food and drink labels do not mislead the buyer to a material degree. In particular, the directive specied that labelling must not attribute to any foodstuff the property of preventing, treating or curing a human disease. In 1989, Directive 89/398/EEC claried and updated the law relating to foodstuffs intended for particular nutritional uses. It also set out a number of groups of foods for particular nutritional uses for future legislative controls. The following year, the council approved Directive 90/496/EEC on nutrition labelling of foodstuffs, but it was optional. The rules only became mandatory where a nutrition claim appeared on a label. Ale tasters controlled beer standards AT A GL ANCE This paper focuses on trends and the main legislative events in nutritional law. United Kingdom: 1200 to 1973 For more than six centuries, adulteration of food and drink was rife in the UK. Not until the Sale of Food and Drugs Act 1875 were local authorities empowered to appoint public analysts and food safety enforcement officers. The UK became a member of the EU in 1973. Latvia: 1640 to 2004 In Imperial Russia, recommendations about how to protect people and animals from zoonosis [diseases that are transmissible from animals to humans] were issued in 1640. The first government order on food control was issued in 1892. Latvia became a member of the EU in 2004. (For more on Latvias food-law history, see the Summer 2015 edition (Issue 69) of the College of Fellows newsletter). European Union: 1973 to 2016 The EU first became involved in regulating foodstuffs for particular nutritional uses in 1976. Nutritional labelling was applied to all foodstuffs in 1990, with rules only mandatory in relation to claims. European consumers must wait until 13 December Infant formulae 2016 for mandatory nutrition labelling. The next step on the EECs journey towards mandatory nutrition labelling came when Directive 91/321/EEC on infant formulae and follow-on formulae came into force. Three further directives in 1996 addressed specic provisions applicable to groups of foods for particular nutritional uses. The rst (Directive 96/5/EC) dealt with cereal-based foods and foods for infants and young children, while the second (Directive 96/8/ EC) dealt with foods intended for use in energy-restricted diets for weight reduction. The third (Directive 96/84/EC) amended 89/398/EEC on foods intended for particular nutritional uses and allowed foods resulting from technical innovations to be placed on the market on a temporary basis, subject to consultation with the scientic committee. On 20 March 2000, the rules relating to the labelling, presentation and advertising of foodstuffs were consolidated by Directive 2000/13/EC. This did not make any changes for food labels bearing nutrition claims to comply with the mandatory requirements of 90/496/EEC. The next big change to European food law was Regulation EC/178/2002, which came into force on 28 January 2002. This general food law established general principles and responsibilities governing food and food safety. In particular, it introduced the requirement that food law should be based on risk analysis. The regulation also established the vitally important European Food Safety Authority. The next big leap forward in terms of nutrition was the passing of Regulation EC/1924/2006, which supplemented the provisions of Directives 89/398/EEC, 90/496/EEC and 2000/13/EC, and Regulation EC/178/2002. Mandatory for all member states, it applies to nutrition and health claims on commercial communications relating to the labelling, presentation or advertising of foods to consumers. In addition to repeating the requirement that R ADICAL REGUL ATION nutrition and health claims shall not be false, On 12 June 2013, Regulation EU/609/2013 came ambiguous or misleading, Article 3 states that into force. This radical regulation had the effect such claims shall not encourage or condone of streamlining and rationalising the law on excess consumption of a food, or state, suggest nutrition. In particular, the concept of foodstuffs or imply that a balanced and varied diet cannot for particular nutritional uses was abolished and provide appropriate quantities of nutrients. Directive 2009/39/EC (dietetic or dietary products) There are many other requirements covering was repealed. In addition, the following directives and nutrition claims in Regulation EC/1924/2006 regulations were repealed: 92/52/EEC (infant but, in particular, Article 5(2) states: The use formula); 96/8/EC (weight control); 1999/21/EC of nutrition and health claims shall only be (dietary foods for special medical purposes); permitted if the average consumer can be 2006/125/EC (cereal-based foods for infants and expected to understand the benecial effects young children); 2009/39/EC (ParNuts), EC/41/2009 as expressed in the claim. The European (gluten intolerance) and EC/953/2009 (vitamins). Court has issued a number of judgments on The Regulation specifies nutritional requirements what is meant by an average consumer. Of for: infant formula; processed cereal-based fundamental importance to the effectiveness food and baby food; food for special medical of this Regulation is Article 6, which states: purposes; and total diet replacement for weight Nutrition and health claims shall be based control. It further requires that such products shall not contain any substances in such quantity as to on and substantiated by generally accepted endanger the health of the persons for whom it is scientic data intended, and provides a list of substances that A food business operator making a nutrition may be added to those products. or health claim shall justify the use of the The Commission was required to report to claim parliament on the necessity, if any, of provisions for The competent authorities of the member food intended for sportspeople by 20 July 2015. states may request a food business operator, or a person placing a product on the market, to produce all relevant elements and data establishing compliance with this Regulation The Annex sets out the conditions applying to the use of nutrition claims, including low energy, low fat, low sugar and low salt. The Commission reported to the European parliament and the council [COM (2008) 392 nal] that the scientic basis for setting specic compositional requirements on foods for people suffering from carbohydrate metabolism disorders (diabetes) is lacking and, therefore, Directive 89/398/EEC should be amended accordingly. On 6 May 2009, Directive 2009/39/EC came into force on foodstuffs intended for particular nutritional uses. It repealed Directive 89/398/EEC, but basically repeated the requirements of the 1989 directive. On 25 October 2011, Regulation EU/1169/2011 on the provision of food information to consumers came into force. It amended Regulation EC/1924/2006 (mandatory nutrition claims) and repealed Directives 90/496/ EEC (voluntary nutrition requirements) and 2000/13/EC (food labelling) but, in effect, it re-enacted all three. It made nutrition declarations/labelling mandatory from 13 December 2016 (See Articles 9(1)(l); 30 (1) and 55). Annex V lists 19 exemptions to this mandatory requirement, including avourings, food additives and processing aids. In 2002, a regulation introducing the requirement that food law should be based on risk analysis also established the vitally important European Food Safety Authority This is a condensed version of Paul Allens paper, A history of food law in the UK, Latvia and the EU as it relates to nutrition, presented at the 8th World Congress on Diabetes and Obesity in Riga, Latvia. The paper is published in full in the summer 2015 edition (Issue 69) of the College of Fellows newsletter. C ONCLUS IONS directive on nutrition labelling but, in This paper has not attempted to cover The particular nutrition (ParNut) all the laws relating to nutrition, but to directives of the 80s and 90s began to the main, the requirements were voluntary, focus on the trend, and on the main address the nutritional requirements of not mandatory. legislative events. What can be concluded particular groups, mainly babies and is that, up until the 1970s, EU legislators young children. The first tentative steps 2016 before European consumers are paid almost no attention to the needs of towards a comprehensive nutrition- entitled to mandatory nutrition labelling by consumers requiring nutrition information. labelling law came in 1990 with the virtue of Regulation EU/609/2013. Credits Published Paul Allen OBE is vice-president of CTSI. Tuesday 25 August, 2015 Images: R_Szatkowski / Robyn Mackenzie / Shutterstock We will have to wait until 13 December To share this page, click on in the toolbar