1 connect to the world of dairy EDA (European Dairy Association) +32 2 549 50 40 Av. d’Auderghem 22-28 www.euromilk.org/eda 1040 Brussels [email protected]Belgium @EDA_Dairy 2014/105/FEP/ma Minutes EDA Claims & Labelling WG Meeting | 8 October 2014 | 14:00-17:00 | Regina Palace Hotel, Stresa Draft Minutes 1. Opening and welcome › Approval of the agenda : The agenda was approved with the addition of two points: › Point 4.2 : addition of an information on the Codex working document about trans fatty acid (TFA) free claim › AOB: addition of a point on portion size/sustainability › Anti-Trust Statement: Participants were reminded of the conditions laid down in the anti-trust statement. Officially recorded start /end time of the meeting 14:00- 18:30 › Approval of the minutes of the last meeting on 5 June 2014 (M-C_L-14-3004) The minutes of the last meeting on 5 June 2014 were approved with a minor change requested by BE on point 3.4: the information session was organised by the BE authorities rather than the BE Federation. Action: › EDA to make the modification and to send the approved version of the minutes. 2. Food Schemes and Nutrient Profiles 2.1. UK hybrid front-of-pack nutrition labelling scheme 2.1.1. For information: member consultation feedback on possible lodging of EDA formal complaint to the Commission EDA members were informed that the European Commission launched an infringement procedure against the UK for its front-of-pack ‘traffic light’ nutrition labelling scheme. The UK has two months to respond to the Commission (COM). It is known that the COM attacked the UK mainly on the free movement of goods (article 34 from the TFEU). However, it is also known that the arguments are weak on this side because the system is voluntary. Therefore, it will still be opportune to lodge an EDA complaint focusing more on INCO article 35. As was no more opposition from NL (it was discussed during the EDA Special Committee on 15 September 2015) it was decided that EDA should work on a formal complaint, helped by Italian and French delegation. Action: › EDA secretariat to prepare and send the formal complaint helped by French and Italian delegation. › EDA secretariat to prepare a letter to inform members of EDA action when the complaint has been issued › EDA members to circulate this letter to their authorities 2.1.2. For information: FR experience with traffic light nutrition labelling system The Chair highlighted the current situation in France where there are a lot of discussions around additional nutrition information. A proposal of a colour coded labelling system was made to the health ministry by a well-known scientist, in the context of the discussion about Public Health Law. This system was fortunately avoided but French government that is now planning to work on an article 35 system. In this context the retailer Carrefour also proposed a new system based on frequency of consumption calculated through the Ofcom score. The French Industry (ANIA) is planning to work on a concrete proposal. 3. Food Information Regulation 1169/2011 3.1.1. For approval: Lactose statements: EDA draft argumentation paper against ‘lactose-free’ on soy products ~ AdG (D-C_L-14-4472). The revised final draft EDA legal evaluation of lactose statement on soy products was presented for approval. This version takes into account the changes proposed at the last Claims and Labelling WG meeting, as follows: › Paragraph 2: addition of conscious choice and reference to being vegetarian; › Deletion of the reference to the Q&A at the end.
EDA Claims & Labelling WG Meeting | 8 October 2014 | 14:00-17:00 | Regina Palace Hotel, Stresa Draft Minutes 1. Opening and welcome › Approval of the agenda :
The agenda was approved with the addition of two points:
› Point 4.2 : addition of an information on the Codex working document about trans fatty acid (TFA) free claim
› AOB: addition of a point on portion size/sustainability
› Anti-Trust Statement:
Participants were reminded of the conditions laid down in the anti-trust statement. Officially recorded start /end time of the meeting 14:00- 18:30
› Approval of the minutes of the last meeting on 5 June 2014 (M-C_L-14-3004)
The minutes of the last meeting on 5 June 2014 were approved with a minor change requested by BE on point 3.4: the information session was organised by the BE authorities rather than the BE Federation.
Action:
› EDA to make the modification and to send the approved version of the minutes.
2. Food Schemes and Nutrient Profiles 2.1. UK hybrid front-of-pack nutrition labelling scheme 2.1.1. For information: member consultation feedback on possible lodging of EDA formal complaint to the
Commission
EDA members were informed that the European Commission launched an infringement procedure against the UK for its front-of-pack ‘traffic light’ nutrition labelling scheme. The UK has two months to respond to the Commission (COM). It is known that the COM attacked the UK mainly on the free movement of goods (article 34 from the TFEU). However, it is also known that the arguments are weak on this side because the system is voluntary. Therefore, it will still be opportune to lodge an EDA complaint focusing more on INCO article 35. As was no more opposition from NL (it was discussed during the EDA Special Committee on 15 September 2015) it was decided that EDA should work on a formal complaint, helped by Italian and French delegation.
Action:
› EDA secretariat to prepare and send the formal complaint helped by French and Italian delegation.
› EDA secretariat to prepare a letter to inform members of EDA action when the complaint has been issued
› EDA members to circulate this letter to their authorities
2.1.2. For information: FR experience with traffic light nutrition labelling system The Chair highlighted the current situation in France where there are a lot of discussions around additional nutrition information. A proposal of a colour coded labelling system was made to the health ministry by a well-known scientist, in the context of the discussion about Public Health Law. This system was fortunately avoided but French government that is now planning to work on an article 35 system. In this context the retailer Carrefour also proposed a new system based on frequency of consumption calculated through the Ofcom score. The French Industry (ANIA) is planning to work on a concrete proposal.
3. Food Information Regulation 1169/2011 3.1.1. For approval: Lactose statements: EDA draft argumentation paper against ‘lactose-free’ on soy products ~ AdG (D-C_L-14-4472). The revised final draft EDA legal evaluation of lactose statement on soy products was presented for approval. This version takes into account the changes proposed at the last Claims and Labelling WG meeting, as follows:
› Paragraph 2: addition of conscious choice and reference to being vegetarian;
› Deletion of the reference to the Q&A at the end.
However the approval was not achieved due to a number of additional modifications proposed. Some EDA members had reservations as to whether the first argument was a valid one as lactose is not specifically mentioned as a protected dairy terms. The second argument was considered stronger according to the members but should be changed a little in order to make reference to the “raw material” or ingredients instead of the end product. One member mentioned that unfortunately the new regulation on gluten free claim allows (recital 10) gluten statement on products that naturally do not contain gluten. This does not go in our direction.
Action:
› Task force to redraft point 2
3.2. Interpretation issues 3.2.1. For information: New Commission Q&A items on general and nutrition labelling issues related to
food information to consumers For the nutritional part it is almost finalised but we do not have the latest version. For the general labelling, not all the questions have been discussed at the last meeting between MS and COM on 27 June. The Q&Aa are due to be published in October. 3.2.2. Tour de table: Other outstanding interpretation (and harmonisation) issues related to the FIC
Regulation (EU) 1169/2011 About “Mozzarella” with starch Assolatte informed the members that a position was sent to Paola Testori and the reaction seems to be positive. 3.2.3. For information and discussion: Interpretation of Article 8.1 & Article 9.1(h) on Responsibilities (D-
C_L-14-4470)
The discussion paper prepared by the Belgian authorities on responsibilities (Article 8.1 & Article 9.1(h)) was shared with the Commission on the meeting of 27 of June and the document circulated to EDA members includes comments from the Commission. However, the discussions remain informal at this stage. An official conclusion by the Commission may be of interest to avoid pressure from retailers that are trying to put all the responsibilities on producers. Answer to question seven is also crucial for certain companies that are importing from Switzerland or third
countries. FDE wants to come with argument to the Commission on this document; EDA could give input on this matter.
Action
› Members: to inform EDA secretariat of the retailer’s actions concerning responsibilities.
› EDA secretariat to continue monitoring this topic especially on EDA level
3.2.4. For information and discussion: Commission letter and draft EDA positioning on list of ingredients
(D-C_L-14-3007, D-C_L-14-4482) DE informs the participants of the Commission answer requesting to label all the ingredients not under class name in the case of addition of other ingredients such as herbs. DE insists on the fact that we need to define a common practice because there is unfair competition if some producer label all the ingredients whereas others chose to label “milk” including all dairy ingredients under this denomination. One member insisted on the fact that, as “milk” is a protected term that we always defend it is problematic to use it as a generic term for all dairy ingredients. Member suggested using term “milk ingredients” instead of “milk”.
Action:
› EDA secretariat to informally ask question to the Commission based on the document prepared by DE and proposing different levels for the labeling (eg « cheese », « milk », « milk ingredients/components » )
3.3. Trans fats - COM report due to be published by December 2014 3.3.1 For information and discussion – EDA positioning update and next steps (D-C_L-14-3009)
Joint Research centre collected data in the form of a questionnaire on TFA intake and TFA content of foods over summer 2014. EDA provided input to this consultation and created a 1-pager positioning on TFA in preparation of the COM WG of 27 July on FIR. COM issued a working document on TFA following consultation with the members of the
Advisory Group on the Food Chain and Animal and Plant Health. This document was circulated to the C&L WG. Comments received requested that EDA be active quickly in order to have a greater influence on the report. It was agreed that EDA should lobby the Commission on the differentiation between rTFA and iTFA. Two documents are needed:
› General position on trans fat
› One position that is a specific position on the Commission document.
Actions:
› EDA sec to make an appointment with the commission about this matter
› EDA sec to work on the two above mentioned documents
› EDA Members to lobby their national authorities
3.4. For information: Allergen labelling 3.4.1 Revision of EU Guidance on allergen labelling Participants were informed that the EU is working on revising the guidance on allergen labelling. In principle they do not want to make substantial changes. Draft has been prepared and discussed with the MS. It is planned to be published on the SANCO website in November. There are national measures for non-pre-packed food. The MS had an informal meeting on this earlier this year and have agreed on the same lines. The COM has given the information that lacking national laws this information should also be provided for non pre-packed foods. 3.4.2 Implementing Regulation on the provision of information on the absence or reduced presence of gluten
in food (D-C_L-14-3011)
Document was presented to the participants for information. This has been published over the summer and will apply from 20 July 2016. 3.4.3 EFSA draft Opinion on the evaluation of allergenic foods and food ingredients for labelling purposes (D-
C_L-14-3012) (D-C_L-14-3013) EFSA published scientific opinion on 23 May. In this opinion it was highlighted that EFSA was unable to determine safe allergen threshold levels for allergens. EFSA says that the current data would not allow the determination of thresholds. FDE sent an answer to the EFSA consultation were a main point relevant for the dairy sector was included 3.4.4 For approval: Final Draft EDA position on repetition and emphasis dairy allergens in list of ingredients
(D-C_L-14-4471) The document is approved with two minor changes asked by a member of the French delegation and NL.
Action:
› EDA sec to circulate the adopted document
3.5. For information: FDE work on COM guidance on tolerances & rounding rules
French delegation informed the participants that FDE workshop was held on the 7 October 2014. The workshop was a technical one with very few participants (S. Bodenbach from the Commission, MS, some FDE members – Profel, Unilever…). The aim was to reopen the discussion on the Commission guidance on tolerances and rounding rules. BE informed participants that Belgium authorities participate to the workshop. They have difficulty to apply the document of the Commission. 3.6. For information and discussion: EDA Positioning on Young-Child Formulae
(D-C_L-14-4475) (D-C_L-14-4476) 3.6.1 Protection of dairy denominations for young-child formulae (please see mail of 25 Sept)
EDA launched a survey on the 3 options proposed, but the consultation was not conclusive (2 members are in favour of option A, 3 for B, one for C but could evolve in B). The point was also discussed at FEP meeting 3.6.2 SNE views on the use of the term milk for Young-child formulae (please see mail of 30 Sept) SNE is in favour of option B.
3.7. For information: Origin labelling status 3.7.1 vOL : state of art of the draft regulation
Nothing new on this topic 3.7.2 mOL : impact assessment and next steps (cf. also FEPC Agenda) (D-C_L-14-4477) COM had a first overview of the report of the consultancy but we have no feedback on what they think. The action plan of the commission is not known yet. EDA position has been circulated. NL: Environmental impact of the origin labelling should have been incorporated in the consultant report. This topic was more thoroughly discussed during the FEP meeting. 3.8. For discussion: “Nano” labelling - update on discussions (cf. also FEPC Agenda)
This topic was discussed during the FEP meeting.
4. Other labelling items 4.1. For information: TRIS notification Finnish draft Decree on ‘high salt content’ labelling for certain foods – update(D-C_L-14-4478)
The standstill period has been prolonged until 21 November 2014 (detailed opinions were sent by several MS on reaction to this topic) 4.2. For information and discussion: Codex matters 4.2.1 Regional standard for non-fermented soybean products: soybean “milk”( D-C_L-14-3015 )
Commission shares EDA’s concerns on the use of the term "soybean milk”. The Commission contact also informed EDA that they will be attending the next session of CCASIA where this Draft Regional Standard will be discussed and will stress this issue to CCASIA members. 4.2.2 Processed cheese – CODEX eWG ( D-C_L-14-4474 ,D-C_L-14-4479) Electronic WG was created in July. IDF is part of this group. The aim is to propose to the codex committee an answer to the request of some countries to have a standard whereas some other members are opposed. A paper was sent by NZ and Uruguay and comments are requested. 4.2.3 Whey Protein Powder definition (D-C_L-14-3016, D-C_L-14-4483) A document was prepared by Denmark and New Zealand. A common definition would help to export, especially in Asia. EWPA has a position on this work. It is important that EDA also follow this matter because we are user of whey protein powder.
Action:
› EDA to follow the dossier
› 4.2.4 Date marking – ongoing discussion at the CCFL, possible revision of the Codex rules (D-C_L-
14-4473 D-C_L-14-3014)
5. AOB 5.1 Free of trans fatty acid claim – to be discussed at CCNFSDU
Participants were informed that Canada drafted a discussion paper on claim for “free” of trans fatty acids to be considered at up-coming CCNFSDU session in Bali, Indonesia, 24-28 November 2014. The discussion paper proposes following conditions for a “free” of TFAs claim: in order to carry a trans-fat free claim, the food should contain no more than 0.1 g trans fat per 100 g or per 100 mL and must meet the conditions set for “low” in saturated fat. The discussion paper does not await the outcome of the WHO NUGAG subgroup. This document is not open for comments however IDF is working on a possible answer.
Action
› EDA to monitor this dossier and inform EDA members, also check that FDE does not take position without our sector on this topic.
