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• Proposal P255 - Folate Health Claim - Extension of Timeframe

PROPOSAL P255 - FOLATE/NEURAL TUBE DEFECT HEALTH CLAIM -EXTENSION OF TIMEFRAME

Initial / Draft Assessment Report (Prepare a New Proposal / Full Assessment - SS.21 / 23) - s.36

Full Report [ PDf format 45 kb ]

EXECUTIVE SUMMARY

Problem

The temporary provision allowing folate/neural tube defect (NTD) health claims under certain circumstances is due to expire on 13 August 2002.   There is no final position on the overall review of health and related claims, such as folate/NTD claims, at this time.

Objective

To minimise avoidable disruption to current practice until such time as the final decision on the proposal on health and related claims is known.  

Options

1. Do nothing, with the effect that no folate/NTD claims would be able to be made after 13 August 2002.
   
2. Extend permission to make folate/NTD health claims until 13 February 2004 or upon commencement of Standard 1.1.A.2 Transitional Standard - Health Claims (see P252), whichever occurs sooner.

Consultation

ANZFA is satisfied that this matter raises issues of minor significance or complexity only and has therefore decided to combine the Initial Assessment (Prepare a new Proposal) and Draft Assessment (Full assessment).   After one round of public consultation, ANZFA will conduct a Final Assessment (Inquiry).

Conclusion and Statement of Reasons

The preferred approach is to continue the temporary provision permitting folate/NTD health claims under certain conditions until 13 February 2004 or until the Transitional Standard - Health Claims (Standard 1.1.A.2) commences, whichever occurs sooner.   This approach is preferred in order to avoid consumer confusion, to minimise disruption to products on the marketplace currently approved to carry the folate/NTD health claim, and to avoid the cost to government of avoidable enforcement measures and public education.

In short, Standard A1 of   theFood Standards Code (Volume 1) should be amended to remove the expiry date of 13 August 2002 in respect of subclauses (19)(e), (f), (g), (h) and (i), so that these clauses (permitting folate/NTD health claims) continue in force until the repeal of Volume 1 of the Food Standards Code; and

Standard 1.1.3 of the Food Standards Code (Volume 2) should be amended as follows: the expiry date of 13 August 2002 should be removed in respect of subclauses 1(5), (6) ,(7), (8) and (9), and a new expiry clause inserted so that the subclauses cease to have effect on 13 February 2004 or upon commencement of Standard 1.1.A.2, whichever occurs sooner.

Full Report [ PDf format 45 kb ]