The development of a European legislative framework on the addition of vitamins and minerals to foods is a precondition for the creation of a Single Market for foods. At the present time, differing national regulations limit access to these foods in several Member States. Yet, in a survey conducted in May 1999, among nearly 3,000 household shoppers in five Member States (France, Germany, Italy, the Netherlands and the UK), 78% of respondents said that consumers should have the right to choose foods with added nutrients. Nearly 50% do, in fact, already consume such foods (Capibus Europe - IPSOS, April/May 1999).

It is sometimes argued that the liberalisation of regulations on addition of nutrients to foods would lead to its widespread practice by the food industry, resulting in market uniformity and a restriction of consumer choice. Yet even today, in markets such as the UK and Germany, foods with added nutrients represent only 1% to 6% of the total market.

Nutrition and Health Benefits : The arguments for the creation of a legislative framework to ensure a harmonised policy on the addition of nutrients to foods throughout the EU are considerable. Recent research has shown that, due to changes in lifestyles and food intake patterns including reduction of energy intakes, the risk of inadequate vitamin and mineral intakes and micro-nutrient deficiencies is very real. Studies in the UK and France show that foods with added nutrients allow more consumers to meet nutritional requirements in a safe and effective way.

The addition of nutrients to foods can, moreover, contribute directly to minimising certain health risks. One example is the need of women of childbearing age to achieve adequate intakes of folic acid in order to prevent the occurrence of neural tube defects in babies (there is also growing evidence that folic acid can help reduce the risk of coronary heart disease as well). Dietary calcium plays an important role in bone health; it is important to meet nutritional intake requirements in childhood and adolescence to reduce the risk of osteoporosis in later life which, today, costs Member State treasuries over 3,500 million euro annually in hospital health care alone.

Consumer choice :Consumers request the right to choose fortified foods and wish to see legislation that allows them to make such a choice (Capibus Europe - IPSOS, April/May 1999). In Member States with liberal legislation on the addition of nutrients to foods, consumer choice is not only maintained but enhanced by allowing consumers to select - within their usual diet and according to local consumption habits and preferences - a broader range of foods with higher nutrient content. A harmonised European legislation will allow consumers the possibility of purchasing foods with added nutrients in markets where access to such products is currently limited.

Labelling and education : CIAA recognises that freedom of consumer choice is an essential component of any attempt to develop a legislative framework. Product information featured on labels and by other means can assist consumers in making informed decisions. Nutrition educational programmes are also essential to the process, providing guidance to consumers in making wise food choices that contribute to a healthy diet and lifestyle. Such programmes should be developed by governments and public health institutions with the involvement of all stakeholders, including the food industry.

Safety : CIAA maintains that safety should be the cornerstone of public policy regarding the addition of nutrients to foods. In countries with a longstanding liberal approach to the addition of nutrients to foods, the safety of the population has been ensured with no evidence of excessive vitamin or mineral intakes. In the UK, for example, where products such as breakfast cereals have been fortified for the past 40 years, major government nutrition surveys show that intakes of all vitamins and minerals are well within safety limits.

An evaluation of the safety of the addition of nutrients to foods has also been carried out in France, a country that has traditionally followed a very conservative approach towards food fortification by limiting the addition of nutrients to dietetic foods. A simulation exercise was conducted to evaluate the potential risks associated with broadening the addition of nutrients to other product categories. Results of this study, which included different hypotheses as to fortification levels and relative market shares for foods with added nutrients, have confirmed the safety of food fortification. Indeed, actual and projected intake levels are safe and far below the upper safe limits for vitamins and minerals.

Ensuring a Single Market for Fortified Foods : : CIAA believes that a European Directive on the addition of nutrients to foods should be based on mutual recognition, reinforced by harmonised legislation limited to, and focused on essential public health considerations in order to ensure the highest level of consumer health protection. Any potential restrictions imposed by the Directive should be determined on the basis of safety considerations.

The alternative of a Directive based on nutritional grounds - as is the case in certain Member States where the addition of nutrients to foods is only permitted where addressing a demonstrated nutritional need - is incompatible with the principles of a Single Market. Nutritional needs vary frequently between one population group and another, and such an approach would effectively limit consumer choice.

In developing a regulatory framework on the addition of nutrients to foods, harmonisation should be defined on safety grounds and address those areas of divergence existing in current legislation in the Member States. In doing so, it should be recognised that there is a longstanding practice of safe food fortification in Europe and other parts of the world.

In addition to the above, an EU Directive on the addition of nutrients to foods should:
• provide basic definitions (e.g. restoration, substitution, standardisation, fortification, etc) to reflect the rationale for the addition of nutrients to foods;

• propose the concept of nutritional enhancement of foods in order to address the need to increase the nutrient density of the diet;

• recognise that restoration, standardisation and substitution seek to maintain normal dietary levels, whilst enrichment/nutritional enhancement meets the need to increase the nutrient density of the diet;

• recognise that a regulatory framework can be proposed which ensures a high level of consumer protection with the possibility of defining maximum limits for certain vitamins and minerals, if required, in accordance with the findings of the Scientific Committee for Food;

  establish a positive list of authorised vitamins and minerals which should be as broad as possible to reflect current fortification practices, including chemical forms and purity criteria;

• require that all products with added vitamins and minerals carry nutrition labelling to assist consumers in understanding the nutritional composition of foods and relate them to a balanced diet;

• establish minimum levels for the addition of nutrients to foods to ensure that claims are made only where nutritionally significant, taking into account criteria set down in the EC Nutrition Labelling Directive;

• determine a framework for monitoring nutrient intakes, setting out a methodology for such monitoring to allow comparisons of nutrient intakes across Europe, as well as intake simulations;

• include a mechanism that allows a rapid updating of any specific measures laid down in a European regulatory framework (e.g. a list of authorised micronutrients). It is essential that, while the Directive establish guidelines for the marketing of fortified foods based on safety, it also be flexible enough to allow industry and consumers to take advantage of rapid advances in food technology and science.

Conclusion

The addition of nutrients to foods is safe and, together with nutrition education, can play an important role in helping consumers meet their dietary requirements in the context of a balance diet. It is urgent that a Single Market be established in order to give consumers the right to choose foods with added nutrients in all Member States, i.e. foods that are safe and nutritious and can make an important contribution to the consumer's diet.

This summary is an extract of the CIAA document MIN/071/00E - Final.