Memorandum by the Food Standards Agency
INTRODUCTION
The role of the Food Standards Agency.
Responses to questions posed by the Committee
that are relevant to the work of the Food Standards Agency.
A. The Need for a Regulation (questions 1 and
2):
FSA Role in enforcement of the Regulations.
Wider role in protecting the consumer, labelling
and consumer information.
C. Structural Measures (questions 7, 8 and 9):
Illicit planting in the UK.
Crisis distillation and outlets for excess production.
D. Marketing (question 12, and 14):
Current labelling and quality issues.
E. Wine Making Practices (questions 15 and 16):
Current regulations and controls.
Regulation of enrichment of wine.
F. Environmental and Social Impact (question
17):
Current data on UK vineyards.
INTRODUCTION
The role of the Food Standards Agency
1. The statutory objective of the Food
Standards Agency (the Agency) is to protect the health of the
public and the other interests of consumers in relation to food
and drink.[1]
The Agency was set up in April 2000 as a separate Government department,
at arm's length from the political process (although accountable
to the Westminster Parliament and to devolved equivalents through
Health Ministers) and with a clear objective. The independence
of the Agency is given effect both by its formal status as a non-Ministerial
UK Government Department, led by a Board appointed by UK Ministers
to act in the public interest and by its powers to publish the
information and advice that it issues, including advice to Ministers.
2. We have responsibility for food policy
and consumer safety, and therefore this submission concentrates
on the enforcement of wine standards legislation and labelling
matters.
3. The Food Standards Agency's role in
relation to labelling is to protect consumer interests in relation
to the information on food labels. The Agency's primary objective
is to ensure that all food labels are clear and easily understandable
in order to help consumers make informed choices, protect public
health and enable free trade within the European Union.
4. Food labelling is an area of EU competence
and therefore national legislation in this area implements the
relevant EU legislation. We negotiate on behalf of the UK to ensure
that EU legislation in this area addresses the needs of UK consumers
and industry.
5. The Wine Standards Board (WSB), an
executive Non-Departmental Public Body was set up to implement
the UK legal obligations under the EU wine regime. As a company,
it was sponsored by Defra and the Vintners Company. Following
recommendations of the Hampton Report, the work of the WSB transferred
to the Food Standards Agency on 1 July 2006.
6. The Agency is now responsible for
the enforcement of legislation on quality, labelling and standards
of wine sold in the UK, whilst the policy functions on industry
remain with Defra. The Agency also provides technical advice to
Defra on wine making practices and labelling in support of their
policy on wine.
7. The Food Standards Agency employs
a team of wine standards inspectors who are responsible for carrying
out enforcement of EU wine labelling rules at bonded warehouses,
bottling operations and wholesalers across the UK. Their work
also includes maintenance of a register of UK vineyards and recording
and checking wine volumes produced, as well as advising vineyards
on composition and labelling issues.
8. Wines imported into the UK from non-EU
countries are subject to import documentation controls giving
analytical details and a description of the origin. These are
checked by wine standards inspectors for conformity with labelling
information.
9. Enforcement of wine standards is primarily
aimed at protecting consumers through the advice the Agency provides
to the wine industry on labelling and composition, and the routine
checks carried out by wine standards inspectors. Their work not
only has synergy with the Agency's wider food safety standards
and labelling activity, but is enhanced by the strong networks
with local authority Environmental Health Officers and Trading
Standards Officers and wider food labelling and sampling expertise.
10. Enforcement of wine labelling at
retail level is carried out by local authority Environmental Health
Officers and Trading Standards Officers.
11. In addition, since consumers need
to have confidence that the products they buy are what they claim
to be, the Agency is developing expertise on sampling and checking
the authenticity and composition of wines with wine standards
inspectors in order to protect consumers.
Responses to questions posed by the Committee
12. The Agency welcomes the opportunity
to provide evidence to this inquiry. We have structured the main
part of our evidence around those questions posed by the Committee
in its call for evidence that are relevant to our remit.
A. The Need for a
Regulation
Committee Q. 1. What is the nature of the case
for having a wine regime at all—ie as distinct from allowing
the industry to adjust itself to competitive pressures (eg via
increased efficiency, rationalisation, diversification, etc)?
13. The Food Standards Agency interest
in the wine regime is to ensure that producers meet regulatory
requirements, and do not sell unsafe wine or engage in illegal
trade practices, and that labelling and compositional standards
are met. This will ensure the appropriate level of consumer protection.
Committee Q. 2. Why should wine quality—eg
relating to Geographical Indication—be regulated? Why cannot
consumers choose between wines as they do between other products—eg
on the basis of brand names or other information which might provide
a guide to quality?
14. The current legislation for labelling
of wine within the EU is complex, from both trader compliance
and enforcement perspectives. Additionally it may not assist consumers
in making an informed choice. Given the diverse market within
the EU and the different scales of production, regulation should
ensure minimum standards are set for wine quality in order to
protect consumers. Consumers want to buy wine in the knowledge
that they meet minimum standards for quality, composition and
labelling.
15. Within the EU there are quality classification
systems that give some guidance; a Country Wine (Vin de Pays)
ought to be better quality than Table Wine (Vin de Table) because
of the wine production laws in place. Wines produced outside the
EU are not governed by the same regulation.
16. The use of geographical indications
in the wine sector is widespread and can certainly represent an
asset in an overall food and drink market place in which consumers
are increasingly interested in provenance and quality and in information
to inform their choice.
17. At international level, the International
Organisation of Vine and Wine (OIV) set quality and compositional
standards in order to facilitate global trade. The Agency believes
that EU wine making practices should reflect more closely those
approved by the OIV, thereby establishing a baseline that meets
international standards. This will allow producers in the EU the
maximum opportunity and flexibility to adjust production to meet
changing consumer demands.
C. Structural Measures
Committee Q. 7. How significant an issue is illicit
planting for the supply situation?
18. Wine standards inspectors have not
identified illegal plantings in the UK.
Committee Q. 8. Is there a case for the continuance
of remedial measures ("crisis distillation") to deal
with exceptional market conditions?
19. The UK market is not in surplus and
therefore there is no need for crisis distillation in the UK,
and hence this is not an enforcement issue. However, other Member
States can apply for crisis distillation to the European Commission
where market circumstances dictate.
Committee Q. 9. What alternative outlets (ie other
than wine sales) exist for excess production?
20. The potential outlets for excess
production include distillation and sale of industrial alcohol,
grape juice and vinegar. But this is not common practice within
the UK. Consumer protection is provided through UK legislation
(Food Safety Act 1990[2]
and Food Labelling Regulations 1996)[3]
to ensure that products from excess production (including from
other member states) used in food are subject to appropriate controls.
D. Marketing
Committee Q. 12. Given continuance of an EU wine
regime, what are your views on labelling and quality issues? Are
current arrangements conducive to consumers understanding of what
they are buying? Is there scope for rationalisation and simplification?
21. The EU wine legislation (which is
the responsibility of Defra) specifies the mandatory information
required for labelling of wine from within the EU, and for wine
imported from outside the EU. This is additional to the requirements
of general food labelling legislation. This information includes
alcohol content, quality term approved for the Member State or
third country of origin and the region of production.
22. In addition wine labels should include
statutory declarations relating to allergens. New rules on allergen
labelling came into effect in November 2005 and require indications
of the allergenic ingredients in foodstuffs, including wine, where
sulphur dioxide is required to be declared.
23. General food labelling legislation
requires food to be marked or labelled with certain requirements
such as the name of the food, a list of ingredients, the amount
of an ingredient which is named or associated with the food, instructions
for use where appropriate and the name of business and manufacturer.
Full ingredient listing is not currently required for drinks of
more than 1.2% alcohol by volume, so this requirement does not
currently apply to wine.
24. The European Commission is currently
carrying out a review of labelling legislation, and published
a consultation document in February 2006. Discussions will cover
ingredient listing for alcoholic drinks as well as health warnings
on drinks. The UK response in July 2006 to the review supported,
in principle, ingredient listing on all alcoholic drinks, but
recognised that there are difficulties in the detailed application
which need to be worked through (eg for distilled alcohol products)
to ensure that requirements are kept simple and proportionate.
25. Aspects to be considered in the review
include the need for health warnings, which may be relevant to
wine labelling (this is a Department of Health lead). This will
need to be discussed further with stakeholders, in particular
industry and consumers.
26. The Commission is now looking at
responses from Member States and a wide range of other stakeholders.
The earliest a new proposal is expected from the Commission is
late 2007.
27. The review of the EU Wine Sector
may provide an opportunity to streamline the wine regulations
and ensure that they facilitate consumer choice and are consistent
with the approach proposed to be taken on food labelling generally.
Committee Q. 14. What lessons might be learned
from the penetration of non-EU wines into the EU market?
28. The UK imports a large quantity and
diverse types of wine, making it an unusual market compared with
its EU neighbours. Australia is now the major supplier of wine
to the UK market, recently overtaking France. Other southern hemisphere
producers are also increasing their penetration in northern European
countries.
29. Wine standards inspectors are carrying
out an increasing number of checks on wine imported into the UK
from countries outside the EU. New exporting non-EU countries
are often unsure of the statutory requirements relating to the
import of wine into the EU, and the imports may be rejected. This
compares to imports from established wine producers in non-EU
countries, where levels of imports reflect better systems for
controls on vineyards, wine production and labelling.
E. Wine Making Practices
(WMP)
Committee Q. 15. How suited are current regulations
on WMP to a competitive global market in wine? What changes would
you like to see?
30. Different climates necessitate different
wine making practices, and it would not be appropriate to designate
one method only.
31. Outside the EU wine making practices
have become highly developed and very technical (eg ion exchange).
These novel processes are not currently permitted in the EU.
32. Detecting non-compliant practice
is complex, expensive and time consuming. The FSA is aware of
new analytical methods to determine authenticity, and other tests
are currently under development. However, the constant challenge
is to keep up with trade developments and possible fraudulent
practices.
33. In order to address the competitive
challenges being faced by EU producers, there is a case for relaxing
some of the present requirements, and allowing a wider use of
different methods where there is no detriment to the quality of
the wine, or any disadvantage to consumers. Further, it would
be a desirable aim for EU member states to press for greater global
harmonisation of technical standards via this route.
Committee Q. 16. How should enrichment (with sugar
or must) be regulated?
34. Enrichment of wines with sugar or
grape must (juice) is important in the northern EU countries,
which do not receive as much sunshine during the ripening period
as countries in the south of the Community. Wine makers therefore
need the possibility of enrichment in order for their wines to
achieve the necessary alcohol levels. Indeed the opposite happens
in the south of the Community where the possibility exists of
acidifying wines when sugar levels are too high.
35. Wineries are required to notify the
Agency before enrichment takes place. Enrichment is used regularly
in the UK. There are strict limits on this and Wine Standards
Inspectors carry out checks to ensure correct procedures are followed
and consumers are not misled.
F. Environmental and
Social Impact
Committee Q. 17. To what extent does the wine
sector have an impact—favourable and unfavourable—on
the EU environment? Are measures needed to support good environmental
impact? Should they be selective?
36. Currently there are 362 vineyards
registered by the Agency in the UK, with an area under vine of
923 hectares. (This compares to Bordeaux with 120,000 hectares.
13 UK vineyards are over 10 hectares each. Denbies (near Dorking)
is the UK's largest producer. Much of the wine produced is sold
at the vineyard.
37. In the South West in particular,
viticulture is closely linked to tourism, with vineyards open
for tours, restaurants and shops. In some cases wine is only sold
from the farm gate, and not widely marketed outside the local
community.
6 February 2007
1 Section 1(2), Food Standards Act 1999. Back
2
Food Safety Act 1990. Back
3
Statutory Instrument 1996 No 1499. Back
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