Australian food manufacturers are now required to follow new regulations established by the Australia New Zealand Food Standards Code (FSANZ) that develops new policy for the food industry.
The Food Standards Code states that all food labels must:
• Name and/or description of the food item
• Production information such as batch or lot numbers provided in case of food recalls
• Name and Australian address of the manufacturer, supplier, packer or importer of the product
• List of ingredients
• Date marking with a best before or use by date
• Nutrition Information Panel (NIP)
• Country of origin of food
• Warning & advisory statements
Although new regulations are researched and enacted by FSANZ, the Code is enforced in a more manageable way by state and territory health departments and respective food agencies.
Although there were weak food guidelines addressing health food claims in the past, FSANZ began to revise the text and structure of the regulation to improve clarity and enforceability. The New Zealand Commerce Commission believed that this oversight was providing misleading information that could possibly jeopardise the safety of consumers. In 2003, it set out to gather the proof it needed before any action could be taken. They had to show that certain health claims made by producers were misleading and posed a potential threat to the safety of the public.
If a company claimed that a food had certain health benefits that were later found to be incorrect, this misleading information could actually cause harm. Consumers have a right to know the truth which will help them make informed choices that may impact their long term health and well being.
Some companies may claim that their products improve arthritis, osteoporosis or menopausal symptoms, but how about others that claim health benefits to pregnant women and their unborn child. In these cases, this law is particularly poignant and requires full, complete and factual disclosure to ensure safety.
After four rounds of public consultation, the new law was signed into order by the government of New Zealand on May 9, 2013. The clock is now ticking for other food companies in Australia who now have three years to legitimize their claims or face hefty penalties.
New Zealand food companies that make claims on acceptable benefits covered under the act will be able to make these claims without repercussion. These 200 pre-approved general health claims, such as the claim stating the benefits of folic acid for pregnant women, uses substantiated research in proven food-health relationships that are undisputed. Those claims outside of the pre-approved list must go through their own approval process with the government. This will be a costly undertaking for many companies and will have a large impact on the bottom line of food manufacturers. All food products making health benefit claims, whether imported or not, will be required to show evidence that their product lives up to their claim. Those that don’t show enough evidence will not be allowed to display the claim on their labeling. Many will have to begin lengthy analyses of their products to legitimize their claims and ultimately be faced with adjusting their labels and packaging.
The ultimate goal is to offer consumers dependable information on both the packaging and the labels of products they have come to depend on — and if something is labeled as healthy then it should be.
The process for businesses that wish to self-substantiate a food-health relationship must notify FSANZ of the relationship prior to making a general health claim on food labels or in public advertisements. FSANZ will keep a public record of businesses that have chosen this approach.
Claims made by the research of one company will not set a precedent for others wishing to make the same claim. They must undertake their own systematic review and notify FSANZ of the relationship also.
Businesses that make high level health claims (those which refer to a nutrient or substance in a food and its relationship to a serious disease) must base these on one of 13 pre-approved food-health relationships.
Under the rules, even if a company provides scientific evidence to support health claims, such claims will not be permitted on foods that do not meet the nutrition profiling criterion. For example, health benefit claims will not be allowed on foods that have proven to be high in saturated fat, sugar or salt.
This new law asserts the rights of the consumer by allowing them to make informed choices that could impact their long term well being. It also sends a zero tolerance message to food producers who have over-exaggerated their health benefit claims in the past for profits sake. Accuracy on food labels is a value added benefit that Australian consumers will come to rely on and perhaps set a precedent for other countries to follow.
For more information about Australia’s new rules on health benefit food labeling, please visit these links:
http://www.foodstandards.govt.nz/industry/claims/Pages/default.aspx
http://www.foodstandards.gov.au/Search/pages/results.aspx?k=health%20claim%20label
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