PROPOSAL P255 - FOLATE/NEURAL TUBE DEFECT HEALTH CLAIM EXTENSION OF TIMEFRAME
8 May 2002
Final Assessment Report
Full Report [ pdf 179kb ]
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
- Do nothing, with the effect that no folate/NTD claims would be able to be made after 13 August 2002.
- Extend permission to make folate/NTD health claims until 13 February 2004 or upon commencement of Standard 1.1A.2 Transitional Standard - Health Claims (see P252), whichever occurs sooner.
Consultation
Pursuant to section 36 of the Australia New Zealand Food Authority Act 1991, ANZFA conducted one round of public consultation on this Proposal, from 13 to 29 March 2002. A total of six submissions were received. Five were one-page submissions supporting Option 2, to extend the expiry date of the folate/NTD health claim. The sixth submitter did not comment on the problem addressed by the proposal, but submitted comment beyond the scope of P255 relating to the deleterious effects of alcohol for pregnant women. No submitter indicated any concern about extending the expiry of the folate/NTD health claim,
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 1.1A.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 the Food 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 1.1A.2, whichever occurs sooner.
Full Report [ pdf 179kb ]