§ Earl Howeasked Her Majesty's Government:
What penalties exist for those manufacturers and retailers of food supplements found guilty of placing on the market after July 2005 products which contain ingredients which are currently legal but which are omitted from the lists of permitted ingredients established by the Food Supplements (England) Regulations 2003 (S.1. 2003/1387); and [HL130]
Whether the meetings with manufacturers, retailers and consumers of food supplements recently arranged by the Parliamentary Under-Secretary of State for Health have resulted in any further additions of nutrients and nutrient sources to the lists of permitted ingredients set out in the annexes to the Food Supplements Directive and the appendices to the Food Supplements (England) Regulations 2003 (SI 2003/1387); and what action they now intend to take to extend further those lists prior to their coming into force in July 2005; and [HL131]
What was the outcome of the meeting on 15 October with officials of the European Commission initiated by the Food Standards Agency to discuss the Food Supplements Directive; whether that meeting led to the addition of any nutrients or nutrient sources to the annexes of the Food Supplements Directive; and whether any assurances were received from the Commission about how it intends to interpret Article 5 of the directive in relation to the setting of maximum permitted levels for nutrients permitted in food supplement s. [HL132]
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§ Lord WarnerThe penalty in the Food Supplements (England) Regulations 2003 for manufacturers and retailers found guilty of placing on the market after July 2005 products containing ingredients omitted from the lists in the regulations is a fine not exceeding level 5 on the standard scale. This equates to £5,000. This is the maximum penalty and it will be for a court to decide ultimately on the exact penalty on a case by case basis.
The Parliamentary Under-Secretary of State for Public Health (Miss Melanie Johnson) met with manufacturers, retailers and consumers of food supplements in July and September 2004. Following those meetings the Health Food Manufacturers Association and Food Standards Agency officials have met with officials from the European Food Safety Authority and the European Commission to discuss the implications of the Food Supplements Directive. It was made clear at those meetings that before further ingredients may be added to the lists in the Food Supplements Directive they must be assessed for safety through submission of a dossier and have received a positive opinion from the EFSA. The European Commission explained that a member state would be in breach of the directive if it allows ingredients and sources not listed in the directive to remain on the market without a dossier being submitted.
The United Kingdom Government have nevertheless made clear that providing an ingredient was on the market before July 2002 and a dossier has been submitted to a member state that ingredient can remain on sale in the UK pending an opinion by EFSA following its safety evaluation.
The EFSA will publish its recommendations for maximum permitted levels for nutrients allowed in food supplements in early 2005. The European Commission has indicated that it will bring forward its proposals, based on EFSA's advice, after the summer of 2005.
§ Lord Clement-Jonesasked Her Majesty's Government:
What benefits will result from the removal from the market, after July 2005, of food supplements which are accepted as safe by United Kingdom regulatory authorities but which do not meet the requirements of the Food Supplements Directive and the Food Supplements (England) Regulations 2003 (S.I. 2003/1387); and [HL295]
How many food supplement products which are accepted as safe by United Kingdom regulatory authorities but which do not meet the requirements of the Food Supplements Directive and the Food Supplements (England) Regulations 2003 (S.I. 2003/ 1387) will be removed from the market after July 2005; and what assessment they have made of the 130WA impact which the removal of these products will have on the manufacturers and retailers of such products and consumers. [HL296]
§ Lord WarnerVitamins and minerals not permitted for sale after July 2005 are those which do not meet the requirements of the legislation. The purpose of the Food Supplements Directive is to ensure the safety of food supplements for the benefit of consumers and for supplements to be freely traded across the European Union, which will benefit the food supplements industry.
The EU directive came into force in July 2002 and the United Kingdom Government were required by UK and EU law to implement it by the end of July 2003. Food supplement regulations for England were approved by the House of Commons on 3 July 2003. A regulatory impact assessment on the Food Supplements Directive which assessed the impact of the directive on businesses and consumer choice was laid in Parliament.
The number of products which may be removed from the market after July 2005 will depend on the number of dossiers submitted by companies to the Food Standards Agency or to other member states, and those not already covered by the positive lists in the directive and regulations. The UK will give derogation for products to remain on the market where dossiers have either been submitted to the UK or to another member state pending a positive opinion from the European Food Safety Authority.