HL Deb 30 June 2003 vol 650 cc65-8WA
Earl Howe

asked Her Majesty's Government:

What recent meetings Ministers have had with representatives of the Health Food Manufacturers' Association to discuss the Food Supplements Directive: what issues were discussed at any such meetings; and what action they intend to take as a result; and [HL3373]

Whether it remains their policy that food supplements should not be banned if they are safe and appropriately labelled; and whether they will identify the precise actions they intend to take to ensure that their policy objectives for the regulation of food supplements are met within the European Union regulatory framework; and [HL3378]

Whether they have plans for officials of the Department of Health or the Food Standards Agency to meet the European Commission and the European Food Safety Authority to discuss any problems for United Kingdom industry of the omission from Annex 1 and Annex 2 of the Food Supplements Directive of many of the nutrients currently permitted for use in the United Kingdom. [HL3377]

The Parliamentary Under-Secretary of State, Department of Health (Lord Warner)

Most recently, the then Parliamentary Under-Secretary of State (Public Health) at the Department of Health (Ms Hazel Blears) met representatives of the Health Food Manufacturers' Association to discuss the Food Supplements Directive on 9 June 2003. Issues covered in discussion fell under four main headings: nutrients and nutrient sources missing from Annex I and II in the Food Supplements Directive and requirements for safety dossiers; the recently-published report of the Expert Group on Vitamins and Minerals and advice on safe upper levels therein; future setting of maximum permitted levels of vitamins and minerals in food supplements at European Union level; and plans for future action on chromium picolinate.

The Government are firmly committed to the view that, in the interests of consumer choice, the law should allow food supplements that are safe and properly labelled to be freely marketed.

The Government, represented by the Food Standards Agency, are pressing the European Food Safety Authority for an urgent, substantive meeting with relevant parties to discuss dossier requirements; the objectives of such a meeting would include outlining the problems faced by the United Kingdom food supplements industry resulting from the omission of nutrients and nutrient sources from the annexes in the Food Supplements Directive, finding out whether dossier requirements could be simplified and discussing to what extent there is crossover with dossiers required for other directives.

Further, to ensure that the Government's policy objectives for regulation of food supplements in the European Union are met, the Government continue to press their view that the setting of maximum limits for nutrients in food supplements should be based on thorough risk assessment and set at levels which protect public health, but which neither unnecessarily limit consumer choice nor unduly restrict trade. The Government continue to press this view strongly in Brussels at every opportunity.

Earl Howe

asked Her Majesty's Government:

Which minerals currently permitted for sale in the United Kingdom are omitted from the list of nutrients permitted for use in food supplements under the provisions of Annex 1 of the Food Supplements Directive. [HL3374]

Lord Warner

Food supplements, like other foods, are not required to demonstrate their efficacy before marketing, nor are they subject to prior approval unless they are genetically modified or are "novel". Therefore, the Food Standards Agency does not hold detailed information about food supplements on the United Kingdom market.

According to information provided by industry, Annex I of the Food Supplements Directive currently omits six minerals (boron, nickel, silicon, cobalt, tin, vanadium) currently used in food supplements on the UK market.

Earl Howe

asked Her Majesty's Government:

Which chemical sources of vitamins and minerals currently permitted for sale in the United Kingdom are omitted from the list of nutrients permitted for use in food supplements under the provisions of Annex 2 of the Food Supplements Directive. [HL3375]

Lord Warner

Food supplements, like other foods, are not required to demonstrate their efficacy before marketing, nor are they subject to prior approval unless they are genetically modified or are "novel". Therefore, the Food Standards Agency does not hold detailed information about food supplements on the United Kingdom market.

According to information provided by industry, Annex II of the Food Supplements Directive presently omits many chemical sources of vitamins and minerals currently used in food supplements on the UK market. The list of these missing substances is available in the Library.

Lord Clement-Jones

asked Her Majesty's Government:

What plans they have to consider further the reasons why the Report of the Expert Group on Vitamins and Minerals produced recommendations in relation to several key nutrients which are substantially different from the conclusions of other internationally respected regulatory bodies. [HL3412]

Lord Warner

The Expert Group on Vitamins and Minerals (EVM) consulted widely on a draft of its report in 2002. It carefully considered all responses before finalising its report. Although the Government have no plans to review the report of the EVM at this stage, the evidence base on issues relating to vitamin and mineral supplements will be monitored closely as it develops.

Lord Clement-Jones

asked Her Majesty's Government:

What specific actions they intend to take to promote to the European Commission, other European Union Member States and the European Food Standards Agency their policy objectives for the setting of maximum permitted levels for nutrients in food supplements; and what those policy objectives are. [HL3413]

Lord Warner

The Government's view is that these maximum limits should be based on consideration of safety rather than supposed nutritional need so as to not unnecessarily limit consumer choice or unduly restrict trade.

The Food Standards Agency (FSA), which is responsible for negotiations on this issue, takes every opportunity to press this case bilaterally with member states and with other interested parties. In May, the FSA wrote to European Union Member States as well as to the European Commission and the European Food Safety Authority to advise them of the conclusions of the United Kingdom Expert Group on Vitamins and Minerals (EVM) on safe intakes of vitamins and minerals. The EVM's advice will form the basis of the UK's position when substantive discussions at EU level take place in due course.

Lord Clement-Jones

asked Her Majesty's Government:

What steps they are taking to ensure that Article 5 of the Food Supplements Directive is interpreted in such a way as to ensure that maximum permitted levels for nutrients in food supplements are set on the basis of safety, not nutritional need or other political considerations. [HL3414]

Lord Warner

Article 5 of the Food Supplements Directive sets out principles for setting maximum permitted levels for vitamins and minerals in food supplements. The Government's view is that these should be based on consideration of safety rather than supposed need or other considerations, so as to neither unnecessarily limit consumer choice nor unduly restrict trade.

The Food Standards Agency, which is responsible for negotiations on this issue, takes every opportunity to press this case bilaterally with member states. In May, the Food Standards Agency wrote to European Union member states to advise them of the conclusions of the United Kingdom Expert Group on Vitamins and Minerals (EVM) on safe intakes of vitamins and minerals. The EVM's advice will form the basis of the United Kingdom's position when substantive discussions at European Union level take place in due course.

Lord Clement-Jones

asked Her Majesty's Government:

What consideration was given by the Food Standards Agency to the submission of Consumers for Health Choice on the Draft Food Supplements (England) Regulations; and why the final regulatory impact assessment on these regulations identifies only one submission having been received from a consumer group and that that submission supported the principle of the regulations. [HL3415]

Lord Warner

The Food Standards Agency formally consulted on the draft Food Supplements (England) Regulations 2003 from 23 October 2002 to 15 January 2003. A summary of responses received is on the Food Standards Agency's website with all comments clearly attributed. In amending the draft regulations, the Food Standards Agency carefully considered all responses received, including the comments from Consumers for Health Choice. The one consumer group referred to in the regulatory impact assessment is Foodaware.

Lord Clement-Jones

asked Her Majesty's Government:

Whether they share the view of Food Standards Agency officials expressed at a meeting with industry representatives and the Minister for Public Health on 9 June that the European Union is now likely to set maximum permitted levels for nutrients in food supplements on the basis of nutritional need, not safety. [HL3445]

Lord Warner

The Government are firmly committed to the view that, in the interests of consumer choice, the law should allow food supplements that are safe and properly labelled to be freely marketed. The European Commission has not yet proposed maximum limits for nutrients in food supplements.

The view expressed at this meeting was that many European Union member states would prefer a more restrictive approach to setting of maximum limits based on supposed nutritional need, rather than the safety-based approach the United Kingdom is pressing for. The Government recognise that there is a risk that these member states will argue for limits that are lower than levels currently in the UK market place.