ICGMA SUMMARY of the REPORT of the 40TH SESSION, CODEX COMMITTEE on FOOD LABELLING(CCFL Report)

ICGMA SUMMARY OF THE REPORT OF THE 40TH SESSION, CODEX COMMITTEE ON FOOD LABELLING(CCFL Report)

May 15 – 18th, 2012, Ottawa, ON Canada

1.0 Points and Actions / Decisions Taken onagenda items

2.0 Appendices Appendix I CCFL Terms of Reference Appendix II Provisional Agenda for 40th Session

Mr. Paul Mayers, Associate Vice-President Policy and Programs Branch, Canadian Food Inspection Agency chaired the 40th Session of CCFL. 220 delegates representing 63 Member countries, 1 Member Organization and 20 International Organizations attended. The Terms of Reference for the CCFL are outlined in Appendix I The provisional agenda for the meeting is outlined in Appendix II.

1.0 Points and Actions/Decision Taken On Agenda Items

Agenda Item 4.0: Implementation of the WHO Global Strategy on Diet, Physical Activity and Health

(a) Proposed draft revision of the Guidelines for Use of Nutrition and Health Claims (CAC/GL 23-1997): Additional conditions for nutrient content claims and comparative claims.

At the 39th Session (CCFL) a working group was established to: 1. Develop proposed text for inclusion in the Guidelines for Use of Nutrition and Health Claims for non-addition claims for sugars and salt consistent with principles established in the 39th session 2. To propose an amendment to the text of Section 6.3 to clarify that sodium would be captured in the claims that would require a change of 25% in order to be made 3. To review para 6.3 and 6.4 of the current Guidelines for Use of Nutrition and Health Claims and consider adding an additional paragraph in order to have separate paragraphs for conditions for each of the three types of comparative claims, namely: a. Claims related to reducing the energy or nutrient content (e.g. reduced/lower) b. “light” claims; and c. Claims related to having more of a nutrient (e.g. more) 4. To develop claims and conditions for use related to trans-fatty acids for inclusion in the Guidelines for Use of Nutrition and Health Claims 2

The actions/decisions taken by the Committee during the 40th session of CCFL relative to the working group’s proposals in support of their mandate.

1. Text for non-addition of sugars and non-addition of salt Non-addition of sugars Under a new Section 7, Non-addition Claims, 7.1 provides text for non-addition of sugars, as agreed to by the Committee: “Claims regarding the non-addition of sugars to a food may be made provided the following conditions are met: a/ No sugars of any type have been added to the food (examples: sucrose, glucose, honey, molasses, corn syrup, etc.) b/ The food contains no ingredients that contain sugars as an ingredient (examples: jams, jellies, sweetened chocolate, sweetened fruit pieces, etc.) c/ The food contains no ingredients containing sugars that substitute for added sugars (examples: non-reconstituted concentrated fruit juice, dried fruit paste, etc.) d/ The sugars content of the food itself has not been increased above the amount contributed by the ingredients by some other means (example: the use of enzymes to hydrolyse starches to release sugars)” (from Appendix II of CCFL Report)

Advanced to Codex Alimentarius Commission (CAC)at Step 5/8 [Step 5/8 is the five step accelerated procedure where the draft standard, along with any written proposals from member countries and INGOs are advanced to CAC for adoption as a Codex Standard]

Non-addition of salt Under a new Section 7, Non-addition Claims, 7.2 provides text for non-addition of sodium salts as agreed to by the Committee: “Claims regarding the non-addition of sodium salts to a food, including “no added salt”, may be made provided the following conditions are met* a/ the food contains no added sodium salts (examples: sodium chloride, sodium tripolyphosphate, etc.) b/ the food contains no ingredients that contain added sodium salts (examples: Worcestershire sauce, pickles, pepperoni, soya sauce, etc.); and c/ the food contains no ingredients that contain sodium salts that are used to substitute for added salt (examples: seaweed, depending on how it is used)  *National authorities may permit the addition for technological purposes of sodium salts other than sodium chloride where such addition would not result in the food not meeting the conditions for “low in sodium” claims as described in the Table to these Guidelines (from Appendix III of CCFL Report)

Advanced to CAC at Step 5 [Step 5 (of a non-accelerated step procedure) is when the draft standard is advanced to CAC and adopted as such. Steps 6 – 8 must be completed before the draft standard is adopted by CAC as a Codex standard] 3

Additional decisions/actions taken related discussions on text for non-addition of sugars and non-addition of salt The Committee agreed to include a definition of non-addition claims in the Guidelines under 2.1.3: “Non-addition claim means any claim that an ingredient has not been added to a food, either directly or indirectly. The ingredient is one whose presence or addition is permitted in the food and which consumers would normally expect to find in the food.” (from Appendix II of CCFL Report)

Advanced to CAC at Step 5/8

The Committee agreed to add a new section, Section 5.2 to allow claims that a food is free of salt provided that the food meets the conditions for free of sodium, as listed in the Guidelines Section 5.2 reads: “A claim to the effect that a food is free of salt can be made, provided that the food meets the conditions for free of sodium listed in the Table to these Guidelines.” (from Appendix II of CCFL Report)

Advanced to CAC at Step 5/8

The Committee agreed to the following additional conditions statement under Section 7.3 Additional Conditions: “Additional conditions and/or disclaimer statement may be used with non-addition claims to assist consumer understanding of the claims within countries. Disclaimer statements should appear in close proximity to, on the same side and in the same prominence as the claim. These may be developed based on evidence of consumer use and understanding.” (from Appendix II of CCFL Report)

Advanced to CAC at Step 5/8

2 Amendment to Section 6.3 to clarify required 25% change in sodium levels to make a claim

The Committee agreed to amend the existing 6.3 to the following: Section 6.3: “The comparison should be based on a relative difference of at least 25% in the energy value or nutrient content including sodium, except for micronutrients where a 10% difference in the NRV would be acceptable, between the compared foods and minimum absolute difference in the energy value or nutrient content equivalent to the figure defined as “low” or as a “source” in the Table to these Guidelines.” (from Appendix II of CCFL Report)

Advanced to CAC at Step 5/8

Note: The Committee agreed to ask the Codex Committee on Nutrition and Foods for Special Dietary Uses (CCNFSDU) to: a/ give advice on whether the condition for 10% of the NRV for comparative claims for micronutrients as noted in Section 6.3 is still in line with current evidence based guidance on micronutrients, particularly in light of the work being undertaken on Nutrient Reference Values 4

3 Review/propose revisions to Section 6.3 and 6.4 of Comparative Claims in the Guidelinesfor claims related to reduction; to “light” and to increased/more

Amendments to 6.3 as listed above relate to reduction and increased/more claims. In addition, the Committee agreed to include a new section related to use of the term “light” Section 6.5: “The use of the word “light” or a synonymous claim should follow the criteria listed in Section 6.3 of these Guidelines and include an indication of the characteristics which make the food “light” (from Appendix II of CCFL Report)

Advanced to CAC at Step 5/8

4 Develop claims and conditions related to trans fatty acids

The Committee agreed to the following amendment to Section 6.4 Section 6.4: “In addition to the conditions set out in Section 6.3, the content of trans fatty acids should not increase for foods carrying a comparison claim for decreased saturated fatty acids content.” (from Appendix II of CCFL Report)

Advanced to CAC at Step 5/8

Note: Another referral to CCNFSDU is being made asking CCFNSDU to: b/ give advice on the establishment of conditions for claims for “free” of trans fatty acids. If the advice is positive, advise whether the claims should be made per 100 ml or 100 g or per serving. c/ consider requesting the Codex Committee on Methods of Analysis and Sampling (CCMAS) to review methods used in analysis of trans fatty acids in foods.

(b) Draft definition for nutrient reference values for inclusion in the Guidelines for Nutrition Labelling (CAC/GL 2-1985)

The Committee agreed to advance the following definition of Nutrient Reference Values to the CAC Section 2.4: “Nutrient Reference Values (NRVs)* are a set of numerical values that are based on scientific data for purposes of nutrition labelling and relevant claims. NRVs are based on levels of nutrients associated with nutrient requirements, or with the reduction in the risk of diet-related noncommunicable diseases”  *See also the Annex to the Guidelines for Nutrition Labelling for the the General Principles for the Establishment of NRVs. (from Appendix IV of CCFL Report)

Advanced to CAC at Step 8 [Step 8 is the final step in the procedure. Draft standard is submitted to CAC for adoption as a Codex Standard] 5 6

The Committee agreed to advance the proposed draft amendment to Sections 3.1.1 and 3.1.2 of the Guidelines on Nutrition Labelling specific to mandatory nutrition labelling to the CAC Section 3.1.1: “Nutrient declaration should be mandatory for all prepackaged foods for which nutrition or health claims, as defined in the Guidelines for Use of Nutrition and Health Claims (CAC/GL 23- 1997), Section 3.1.2: “Nutrient declaration should be mandatory for all other prepackaged foods except where national circumstances would not support such declarations. Certain foods may be exempted, for example, on the basis of nutritional or dietary insignificance or small packaging.” (from Appendix V of the CCFL Report)

Advanced to CAC at Step 5/8

5.0 Guidelines for the Production, Processing, Labelling and Marketing of Organically Produced Foods The following decisions/ actions were determined by the Committee

(a) Inclusion of ethylene for Other Products – Use of Ethylene for the ripening of fruit

Draft amendment advanced to CAC on ethylene: Annex 1 – Principles of Organic Production C. Handling, Storage, Transportation, Processing and Packaging 82. The integrity of the organic product must be maintained throughout the processing phase. This is achieved by the use of techniques appropriate to the specifics of the ingredients with careful processing methods limiting refining and the use of additives and processing aids. Ionizing radiation should not be used on organic products for the purpose of pest control, food preservation, elimination of pathogens or sanitation.

Ethylene may be used for ripening of kiwi fruit and bananas. (from Appendix VI of the CCFL Report)

Advanced to CAC at Step 8*  * Confirmation of the current text without amendment

(b) Other uses of ethylene 1. Use of ethylene as a sprouting inhibitor for onions and potatoes A working group was established co-chaired by the US and Cameroon to continue work on this item.

2. Use of ethylene as a flowering agent for pineapples and for degreening of citrus for the purpose of fruit fly prevention Draft amendment forwarded to CAC on inclusion of new substances “Annex 2, Table 2 Plant 7

“Spinosad” Spinosad should only be used where measures are taken to minimize the risk to non-target species and to minimize the risk of development of resistance”

Mineral “Potassium hydrogen carbonate” “Copper octanoate” ( to be included with other copper products and with the same conditions)

Other “Ethylene” For greening of citrus for fruit fly prevention and as a flowering agent for pineapples (from Appendix VII of the CCFL Report)

Advanced to CAC at Step 5/8

(c) Inclusion of spinosad, copper octanoate and potassium bicarbonate Draft amendment forwarded to CAC on inclusion of new substances Draft amendment forwarded to CAC on inclusion of new substances “Annex 2, Table 2 Plant “Spinosad” Spinosad should only be used where measures are taken to minimize the risk to non-target species and to minimize the risk of development of resistance”

Mineral “Potassium hydrogen carbonate” “Copper octanoate” ( to be included with other copper products and with the same conditions)

Other “Ethylene” For greening of citrus for fruit fly prevention and as a flowering agent for pineapples (from Appendix VII of the CCFL Report)

Advanced to CAC at Step 5/8

(d) Organic aquaculture An electronic working group and a physical working group, both chaired by the EU will revise the Guidelines for the Production, Processing, Labelling and Marketing of Organically Produced Foods to include Aquaculture Animals and Seaweed. To be circulated to the physical working group at Step 3 and to the full committee at next session at Step 4

(e) Structured Approach and Template The Committee agreed to attach the Structured Approach and Template document as an appendix to the report of the 40th Session of CCFL. The document includes an overview of the approach and procedures to follow for a two-year review cycle of proposals for amendments to the guidelines for the production, processing, labelling and marketing of organically produced foods.

Appendix VIII to the report on the 40th Session of CCFL 8 9

6.0 Modified Standardized Common Names of Foods for the Purposes of Nutritional Modification

A paper, developed by a working group led by Canada and Hungary, provides an inventory of existing Codex texts related to modified standardized common names for the purposes of nutritional modification. The Committee received the paper and decided that because there was no consensus to start new work on this topic the item would be removed from the agenda.

7.0 Other Business Future Work and Date and Place of Next Session

Provisions on Date Marking

New Zealand is to prepare a discussion paper (and possibly a proposal for new work) for the next session, outlining potential issues associated with date marking of prepackaged foods.

Labelling of Foods Derived from crops biofortified by natural selection International Food Policy Research Institute (IFPRI) is to prepare a discussion paper for the next session of CCFL on the labelling of foods derived from crops biofortified by natural selection. Any delegations wishing to give input are to contact IFPRI directly

Next Session: May 13-17, 2013, Prince Edward Island, Canada 10

APPENDICES TO ICGMA SUMMARY REPORT ON THE 40TH SESSION, CODEX COMMITTEE ON FOOD LABELLING (CCFL Report)

APPENDIX I: Codex Committee on Food Labelling Terms of Reference

(a) To draft provisions on labelling applicable to all foods; (b) To consider, amend if necessary and endorse draft specific provisions on labelling prepared by the Codex Committee drafting standards, codes of practice and guidelines; (c) To study specific labelling problems assigned to it by the Commission; and (d) To study problems associated with the advertisement of food with particular reference to claims and misleading descriptions

APPENDIX II: Provisional Agenda for 40th Session Opening of Session 1. Adoption of agenda 2. Matters referred to Committee 3. Consideration of labelling provisions in draft Codex standards 4. Implementation of WHO Global Strategy on Diet, Physical Activity and Health a. Proposed draft revision of the Guidelines for Use of Nutrition and Health Claims: Additional conditions for nutrient content claims and comparative claims b. Draft definition for nutrient reference values for inclusion in the Guidelines for Nutrition Labelling c. Requirements for mandatory nutrition labelling 5. Guidelines for the Production, Processing, Labelling and Marketing of Organically Produced Foods a. Inclusion of ethylene for Other Products Use of ethylene for ripening of fruit b. Other uses of ethylene Use of ethylene as a sprouting inhibitor for onions and potatoes Use of ethylene as a flowering agent for pineapples and for degreening of citrus for the purpose of fruit fly prevention c. Inclusion of spinosad, copper octanoate and potassium bicarbonate d. Organic aquaculture e. Structured approach and template 6. Modified Standardized Common Names of Foods for the purposes of nutritional modification 7. Other Business, Future Work and Date and Place of Next Session 8. Adoption of Report