24. LABELLING OF INGREDIENTS
IN FOODSTUFFS
| (22636)
11834/01
COM(01) 433
| Draft Council Directive amending Directive 2000/13/EC on the indication of the ingredients present in foodstuffs.
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| Legal base: | Article 95 EC; consultation; qualified majority voting
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| Department: | Food Standards Agency
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| Basis of consideration: | SEM of 13 November 2002
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| Previous Committee Report: | HC 152-xxxiv (2001-02), paragraph 11 (26 June 2002)
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| To be discussed in Council: | 14-15 November 2002
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| Committee's assessment: | Politically important
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| Committee's decision: | Cleared (decision reported on 26 June 2002)
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Background
24.1
In addition to laying down a number of more general principles,
Community legislation on the labelling of foodstuffs, recently
consolidated in Directive 2001/13/EC[67],
contains detailed provisions regarding the listing of ingredients.
These in turn are subject to a number of derogations —
for example, for fresh fruit and vegetables which have not been
treated — and, although a compound ingredient (such as jam
in another product) may be included under a list of ingredients
under its own designation, provided it is immediately followed
by a list of its own ingredients, the latter condition is not
usually necessary where the compound accounts for less than 25%
of the finished product.
24.2
According to the Commission, these rules, which were introduced
at a time when food production was less complex and people ate
far fewer processed foods, often mean that consumers are badly
informed about the exact composition of purchased foodstuffs.
It also says that, even though this would inevitably make ingredient
lists longer, consumers have consistently expressed the wish for
better information about foodstuffs, particularly in the light
of recent food scares, including problems arising with allergies,
which are often caused by such common foods as milk, fruits, eggs,
shellfish, and so on. It therefore proposed in September 2001
a number of amendments.
24.3
These would:
— abolish the 25% rule, thus making it compulsory to
list the components of compound ingredients;
— make it compulsory to list certain specified allergens[68]
whenever they are used in foods, including alcoholic drinks.
24.4
At the same time, the proposal would introduce new derogations
intended to prevent the ingredient list becoming too unwieldy
(though these would not apply to the allergens listed above).
Thus:
— compound ingredients making up less than 5% of the
finished product would not have to have their ingredients listed
(other than certain additives) if their composition is defined
in Community law;
— a similar exclusion would apply in the case of prepared
sauces and mustards;
— herbs and spices in mixtures of herbs and spices making
up less than 2% of the finished product would not have to be listed;
— ingredients making up less than 5% of the finished
product, and listed on the label after all the other ingredients,
would not need to be in descending order of weight;
— where similar ingredients are likely to be substituted
for those making up less than 5% of the finished product, the
ingredients list could refer to their presence in more general
terms;
— it would not be necessary to declare the presence
of an ingredient in a compound if the ingredient was already mentioned
elsewhere in the list on the label, provided a suitable declaration
to that effect was made near the ingredients list.
Supplementary Explanatory Memorandum of 13 November 2002
24.5
In the light of information supplied by the Government on 10 October
2001 and 10 June 2002, we cleared the proposal on 26 June 2002.
However, we have now received a Supplementary Explanatory Memorandum
of 13 November 2002 from the Parliamentary Under-Secretary of
State for Public Health at the Department of Health (Ms Hazel
Blears). She says that the proposal has been considered by the
European Parliament, and that the progress made under the Danish
Presidency means that the Council on 14-15 November is likely
to be asked to agree a Common Position. The Minister adds that
this is expected to differ from the original proposal in a number
of respects. In particular:
— celery and mustard have been added to the list of
specified allergens;
— the derogations relating to ingredients of sauces
and mustards and compound ingredients already mentioned elsewhere
on the ingredient list have been dropped;
— the other derogations listed in paragraph 24.4 above
have been retained, but the maximum level at which they would
apply has been reduced from 5% to 2%.
24.6
The Minister comments that the proposed changes reduce the circumstances
when ingredients might be hidden from consumers, and thus promote
informed choice. Her main concern relates to the requirement
for the product of an allergen to be indicated on the label with
an appropriate reference, where she says that the Commission has
asked the Scientific Committee for Food to advise on the possibility
that the allergenicity of certain derived ingredients could have
been removed during the production process, and on whether those
ingredients could in that event be removed from the list. The
Minister points out that, if the Scientific Committee does not
advise on such exclusions before the proposal comes into effect,
consumers could be faced with information which incorrectly flags
up ingredients as potentially allergenic. She comments that this
could result in costly label changes which would ultimately prove
to be unnecessary, and would be confusing for consumers.
Conclusion
24.7
We have noted these developments, which we are drawing to the
attention of the House, but which we do not think need affect
our earlier clearance of this proposal.
67 OJ No. L.109, 6.5.00, p.29. Back
68
Cereals containing gluten, crustaceans, eggs, fish, peanuts, soyabeans,
milk and dairy products, nuts and sesame seeds (and any resultant
products), and sulphite at concentrations of at least 10mg/kg. Back
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