§ Earl Howeasked Her Majesty's Government:
What recent representations they have received from the National Association of Health Stores in relation to the provisions of the Food Supplements Directive and the Food Supplements (England) Regulations; and what response they have made to those representations. [HL3481]
§ Lord WarnerMinisters have received a number of recent written representations from, and on behalf of, the National Association of Health Stores (NAHS) expressing NAHS's concerns over the impact of the Food Supplements Directive and the implementing regulations. In particular, NAHS voice particular concerns over the current composition of the lists of permitted substances in the annexes to the directive and asked that the United Kingdom seek an amendment to the directive.
Ministers have responded recognising those concerns and setting out the Government's view that there was no possibility of negotiations on the directive being reopened. Many member states wanted a much more restrictive regime.
No aspect of the directive needs to be implemented by the industry until 1 August 2005 and the Food Supplements (England) Regulations 2003 make use of flexibility in the directive that means marketing of some products may not be affected until 1 January 2010.
Food supplements containing vitamins and minerals and their sources missing from the positive lists that were on the market when the directive came into force may continue to be marketed beyond 1 August 2005 provided that dossiers to support their addition to the positive lists have been submitted to the European Commission before 12 July 2005 and provided that the European Food Safety Authority has not given a negative opinion on such use.
§ Earl Howeasked Her Majesty's Government:
What assessment they have made of the impact upon consumer choice and the United Kingdom food supplements industry of the possible setting by the European Union of maximum permitted levels for nutrients in food supplements at levels substantially lower than those which are currently permitted in the United Kingdom. [HL3484]
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§ Lord WarnerThe Government's firm position is that safety should be the primary concern, and that maximum limits should be set at levels that are based on scientific risk assessments and not limited by considerations of nutritional need, thus protecting public health without unnecessarily limiting consumer choice or unduly restricting trade.
Article 5 of Directive 2002/46/EC on food supplements sets out principles for setting EU maximum limits for vitamins and minerals in food supplements, although no specific figures have yet been set. Discussion on maximum limits at EU level will follow publication of advice from the European Food Safety Authority. We do not expect the European Commission to issue its proposal on maximum limits before the end of this year.