The UK government has recently released a consultation on proposed legislative reforms regarding nutrition and health claims on food and drink products. The consultation consists of two amendments to the Nutrition and Health Claims (England) regulations of 2007.
The first proposed amendment aims to improve the enforcement process for nutrition and health claims by introducing an improvement notices regime. This approach allows companies time to make improvements before authorities take action, ensuring a more proportionate approach to enforcement.
The second proposal suggests removing 60 pieces of redundant tertiary legislation. These legislative updates are essential to ensure that nutrition and health claims made about food and drink products are accurate and do not mislead consumers. The goal is to enable consumers to make informed choices that meet their lifestyle and nutritional needs.
It is important to note that claims should only be made about food and drink products following their authorization with relevant supporting scientific evidence and when they meet the conditions of use outlined in the NLCS legislation.
These proposed legislative reforms will have an impact on food manufacturers, importers, and retailers. The consultation period will remain open until 31st October 2023.
The first proposal aims to align the enforcement process for nutrition and health claims with other food labeling enforcement. Presently, this enforcement involves immediate criminal prosecution with fines or imprisonment. However, the proposal suggests introducing an improvement notice regime following an initial breach, creating a more proportionate and less bureaucratic approach. This would be based on powers from the Food Safety Act 1990.
Similarly, Food Standards Scotland (FSS) has launched a similar consultation, soon to be presented to the Scottish Parliament. The Welsh Government also plans to launch a separate consultation alongside England.
The second proposal focuses on removing redundant tertiary legislation. Previously, authorized and rejected nutrition or health claims were made into regulations by the EU commission. With 60 of these claims serving no legal purpose, the proposal suggests removing the corresponding tertiary legislation. However, this revocation would have no legal impact, as the relevant claims are already retained in the annex to Commission Regulation EU (No) 432/2012.
In summary, the consultation on legislative reform for UK nutrition and health claims aims to streamline and improve the enforcement process and remove redundant legislation to ensure accurate and non-misleading claims on food and drink products. These proposed reforms will have implications for various stakeholders in the food and beverage industry.
