FrieslandCampina submission to Centre for Food Safety (Consultation on formula products and foods for infants and young children)

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~ FrieslandCampina submission to Centre for Food Sciefy t"Consultation on fonnufa products and foods for infants and young children).pdf

Centre for Food Safety (Attn: Consultation on formula products and foods for infants and young children) Food and Environmental Hygiene Department 43/F, Queensway Government Offices 66 Queensway, Hong Kong

BY EMAIL (formulafoods consultation@fehd.gov.hk)

SUBMISSIONS IN RESPONSE TO CONSULTATION OF

LEGISLATIVE PROPOSALS RELATING TO FORMULA PRODUCTS AND FOODS INTENDED FOR

INFANTS AND YOUNG CHILDREN UNDER THE AGE OF 36 MONTHS IN HONG KONG,

NOVEMBER 2012 (" Proposals")

FrieslandCampina has had a presence in Hong Kong for some 75 years and we are proud to be a responsible member of the Hong Kong business community and an active member of the Hong Kong Infant and Young Child Nutrition Association. The purpose of our submission is to both endorse the position of the Association on the draft Hong Kong Code and to provide some additional perspective based on our experience in the more than 45 countries around the world in which our company operates.

FrieslandCampina supports in princip le the Proposals relating to nutritional composition and nutrition labeling requirements for infant formula, follow-up formula and foods intended fo r infants and young ch ildren under the age of 36 months. The Proposals should take reference to international standards and localized to suit the local market and balance the interests of all stakeholders, including those of the industry. We also wish to highlight the following points for t he Admin istration's consideration.

I. Relationship with the Hong Kong Code of Marketing and Quality of Formula Milk and Related Products, and Food Products for Infants & Young Children ("Hone Kone Code"}

tt is noted that the Hong Kong Code proposed by the Department of Health also provides guidelines on nutritional composition and nutrition labeling, including the use of nutrition and health claims, and that the Hong Kong Code is intended to serve as guidelines to the relevant manufacturers and distributors before the Proposals come into effect as law.

However, given that the Hong Kong Code is voluntary in nature, consumers will not be able to know whether the nutritional composition and labeling of a certain product are in compl iance with the Hong Kong Code. Hence there will be market confus ion and the very

m problem that the Proposals mentioned regarding inconsistent and possibly misleading information provided to consumers will remain unsolved.

FrieslandCampina supports the view that nutritional composition and nutrition labeling requirements should be governed by law, instead of a voluntary code, given the importance of such requirements. Provisions on nutritional composition and nutrition labeling requirements should therefore not be included in the Hong Kong Code, as they are neither appropriate in a code relating to marketing practices, nor necessary, as legislative efforts are already underway. The situation may be worsened if the legislat ion passed is ultimately different from the Hong Kong Code in form or substance.

II. Nutritional Composition Requirements (paragraphs 4.3 - 4.4) Guidance Upper levels ("GUL")

iCampina strongly supports the adoption of the Codex Alimentarius ("Codex ") Standard for Infant Formula and Formulas for Special Med ical Purposes Intended for Infants ("Codex STAN 72 -1981"), including the concept of GU Ls.

It is to emphasize that GULs should not be treated as maximum values for nutrients, as they are distinct and separate concepts. With reference to CODEX STAN 72-1981, GULs are established for nutrients where there is insufficient in formation for scientific risk assessment, and are based on va lues that show a history of apparent safe use. Maximum values, on the other hand, are established using well documented scientific data regarding adverse effects from excessive intake of a particular nutrient. GULs may be adjusted according to improvements in our scient ific understanding of the relevant nutrients, and should therefore not be interpreted as goal values.

B. Exemptions - Formulas for Special Medical Purpose ("FSMP") It is suggested that FSMPs should either be exempt from, or be allowed to deviate from the nutritional composition requirements set for normal infant formula. This

concept is an intrinsic part of the revised Codex Standard for Infant Formula Codex

STAN 72-1981 and laid down in Section B.

Section B defines the nutritional composition of FSMPs and defines that it is permitted to deviate from Section A of Codex STAN 72 - 1981 if the composit ion

must be modified to meet the special nutritional requirements arising from the relevant diseases, disorders or medical conditions. If FSMPs fall within the scope of the Proposals, we would strongly encourage this mechanism to be incorporated.

Ill. Nutrition Labeling Requirements (paragraphs 4.5 - 4.9) A. Label Declaration Tolerance Limits ("LO Tolerance Limits")

It is proposed that LD Tolerance Limits should be set in relation to public health concerns, shelf-life, accuracy of analysis, processing variability and variability of the nutrient in the product, and whether a nutrient has been added or is naturally occurring in a product.

The LO Tolerance Limits for formula for infants and young children vary among different countries and unfortunately, they are not uniformly defined by regulations. As most of the relevant products sold in Hong Kong are imported from other countries, we propose that manufacturers be allowed to follow the LO Tolerance Limits of the country where the products are produced.

B. Ordering of Nutrients on Labels Whilst the Association agrees that labeling requirements should reflect the Codex standards and include the various nutrients covered therein, and that a suggested ordering of the nutrients on the labels would be welcomed, we believe it would be more practical to allow manufacturers to determine the order in which the nutrients should appear on the labels.

C. Exemptions - FSMPs It is suggested that FSMPs be exempt from nutrition labeling requirements, in addition to nutritional composition requirements. There are FSMP products (e.g. premature formula, metabolic products, human milk fortifier etc.) that are not sold in retail and the volume supplied is often very low occupying less than 0.5% of the

ill market of infant formula and follow-up formula in Hong Kong . These products are mostly service items used under medical supervision. Accordingly, the same formula used for these FSMPs are used in a number of countries with labels in English as widely accepted language, to ensure the proper use of these products around the world in accordance with the LD tolerance and nutrition labeling requirement of the several destination country{s). Reformulation of the formula or relabeling of these products may not be necessary, given the small quantity of supply in the Hong Kong market.

D. Exemptions - Ready-to-feed Infant Formula Ready-to-feed infant formulas should also be exempted from nutrition labeling requirements. These products are provided to hospitals only and are not available in retail channels. Lack of printing surface available on these products makes it impractical to list all 1+33 nutrients on the packaging. Composition requirements, however, should still apply to these products where appropriate.

IV. Requirements

Testing Methods for Nutritional Composition and Labeling

Different levels of variation in test resu lts often occur as the inevitable resu lt of the use of different laboratories, equipment, test ing methods, operators and even the nat ure of the nutrients themselves. In order to ensure the safety of the public and proper management of risk communication, it is critical to minimize such variation, and achieve comparable and reliable test results between government laboratories and manufacturers' laboratories. We therefore suggest that the Centre for Food Safety shares a comprehensive list of testing methods to be used when testing infant formula or follow-up formula as reference for the industry. We further propose that the Centre for Food Safety engages manufacturers in technical meetings to provide a platform for mutual understanding and collaboration with manufacturers in this regard.

V. Timeframe of Implementation - Grace Period (paragraph 4.11) A minimum grace period of 24 months is needed to allow time for manufacturers to review and adapt to the new requi rements as necessary. Various internal product assessment and data analysis efforts w il l be required in different manufacturing sites, and reformulation of products, revision of labeling artwork, adaptation and calibration of testing methods may also be necessary.

Vl. Labeling Requirement of Sodium Content in all Non-Cereal Based Food (paragraphs 5.1 - 5.3}

FrieslandCampina supports the view that sodium content should not form part of the mandatory labeling requirements, as the Codex does not have such a requi rement.

VII. Regulation of Claims (paragraphs 5.4 - 5.9) It is noted that the regulation of claims falls outside t he scope of the Proposals. We agree with the concerns expressed by the Administration regarding this topic, and are of the view that the Hong Kong Code should not attempt to regulate claims, as there is no international consensus yet and the issues should be approached with caution.

We do, however, believe that the idea of establishing a list of permitted cla ims with a mechanism to evaluate new claims is a step in the right direction.

VIII . Conclusion FrieslandCampina agrees that nutrit ional composition and nutrition labeling are crucial in protecting consumers. These requirements should be ensconced as law as soon as possible. We welcome any opportunity to work with the Administration in formulating the detailed provisions of the legislation.

111 Paragraph 3.3, Chapter 3 of t he Proposals

' Nielsen Retail Audit Report Full Y~ar 2012

FrieslandCampina (Hong Kong) limited January 21, 2013

L!J Paragraph 3.3, Chapter 3 of the Proposals

Ll! Nielsen Retail Audit Report Full Year 2012

Disclaimer:The information in this e-mail {including any attachments) Is strictly confidential and may be legally privileged. If you are not t he intended recipient of this message, please delete it including any attachments and immediately notify the sender. Any disclosure, copying, distribut ion or use either whole or partial or its contents is strictly prohibited except with formal approval. FrieslandCampina cannot guarantee that e-mail commu nicat ions are secured and error-free and does not accept any liability for damages resulting from the use of e-mail. The general terms and conditions of ourchase respectively sale and delivery of Royal FrieslandCampina N.V., are applicable to all transactions and undertakings resulting therefrom.

De informatie In deze e-mail (inclusief bij lagen) is strlkt persoonlijk en vertrouwelijk en mogelijk j uridisch geprivilegieerd. Indien u niet de bedoelde ontvanger van dit bericht bent verzoeken wij u het bericht inclusief bijlagen te vern1etigen en ons hiervan onmiddellijk op de hoogte te stellen. Openbaarmaking, vermenigvuldiging of verspreiding van (een gedeelte van) dit bericht is, zonder formele toestemming, strikt verboden. FrieslandCampina kan niet garanderen date-mail communicatie veilig en fout loos is en accepteert geen enkele aansprakelijkheid voor schade voortvloeiende uit het gebruik hiervan. Op alle transact ies en daaruit voortvloe i~11d~ verbintenlssen zijn de algemene inkoopvoorwaarden respectievelijk

verkoopvoorw~!Qgn van Koninklijke FrieslandCampina N.V. van toepassing.

i~ ~eslandCam:>ma ain

Centre for Food Safety

FrieslandCam pina (Hones !(ones} Ltd. J/. fl~Nl ;.!'!li'!;~ (111!~·: •I

(Attn: Consultation on formula products and foods for infants and young children)

Food and Environmental Hygiene Department

43/ F, Queensway Government Oc es

66 Queensway, Hong Kong

BY EMAIL (formulafoods consultation@fehd.gov.hk)

SUBMISSIONS IN RESPONSE TO CONSULTATION OF

LEGISLATIVE PROPOSALS RELATING TO FORMULA PRODUCTS AND FOODS

INTENDED FOR INFANTS AND YOUNG CHILDREN UNDER THE AGE OF 36 MONTHS

IN HONG KONG, NOVEMBER 2012 ("Proposals")

FrieslandCampina has had a presence in Hong Kong for some 75 years and

we are proud t o be a responsible member of the Hong Kong business community

and an active member of the Hong Kong Infant and Young Child Nutrition Association.

The purpose of our submission is to both endorse the position of the Association on

the draft Hong Kong Code and to provide some additional perspective based on our

experience in the more than 45 countries around t he world in which our company

operates.

FrieslandCampina supports in principle the Proposals relating to nutritional

composition and nutrition label ing requirements for infant formula, follow-up

formula and foods intended for infants and young children under the age of 36

months. The Proposals should take reference to intPrn;it ional standards and

localized to suit the local market and balance the interests of all stakeholders,

including those of the industry. We also wish to highlight the following points for

the Administration' s consideration.

":: R

~]' -!= ~eslondCompino ain FrieslandCampma (Hon'$ Kon'$) Ltd

.:~, f t ~~i: J!i :1~. {rii.! i i"IU ~~ ··J

I. Relationship with the Hong Kong Code of Marketing and Quality of Formula

M ilk and Related Products, and Food Products for Infants & Young Children

("Hong Kong Code")

It is noted that the Hong Kong Code proposed by the Department of Health

also provides guidelines on nutritional composition and nutrit ion labeling, including

the use of nutrition and health claims, and that the Hong Kong Code is intended to

serve as guidelines to the relevant manufacturers and distributors before the

Proposals come into effect as law.

However, given that the Hong Kong Code is voluntary in nature, consumers

will not be able to know whether the nutritional composition and labeling of a

certa in product are in compliance with the Hong Kong Code. Hence there will be

market confusion and the very problem that the Proposals mentioned1 regarding

inconsistent and possibly misleading information provided to consumers will remain

unsolved.

FrieslandCampina supports the view that nutritiona l composit ion and

nutrition labeling requirements should be governed by law, instead of a voluntary

code, given the importance of such requirements. Provisions on nutritional

composition and nutrition label ing requirements should therefore not be included in

the Hong Kong Code, as they are neither appropriate in a code relating to marketing

practices, nor necessary, as legislative efforts are already underway. The situation

may be worsened if the legislation passed is ultimately different from the Hong Kong

Code in form or substance.

1 Paragraph 3.3, Chapter 3 of the Proposals

FrieslandCampma (Hong l<o nq-J Ltd . . lf: 11:111);.).: !~ :~'! lif: fil · (1 ll! /~ :o )

II. Nutritional Composition Requirements (paragraphs 4.3 - 4.4)

A. Guidance Upper Levels ("GUL")

FrieslandCampina strongly supports the adoption of the Codex

Alimentarius ("Codex") Standard for Infant Formula and Formulas for Special

Medical Purposes Intended for Infants ("Codex STAN 72 -1981"), including

the concept of GU Ls.

It is to emphasize that GULs should not be treated as maximum values

for nutrients, as they are dist inct and separate concepts. With reference to

CODEX STAN 72-1981, GULs are established for nutrients where there is

insufficient information for scientific risk assessment, and are based on

values that show a history of apparent safe use. Maximum values, on the

other hand, are established using well documented scientific data regarding

adverse effects from excessive intake of a particular nutrient. GULs may be

adjusted according to improvements in our scientific understanding of the

relevant nutrients, and should therefore not be interpreted as goal values.

B. Exemptions - Formulas for Special Medical Purpose (" FSMP" )

It is suggested that FSMPs should either be exempt from, or be

allowed to deviate from the nutritional composition requ irements set for

normal infant formula. This concept is an intrinsic part of the revised Codex

Standard for Infant Formula Codex STAN 72-1981 and laid down in Section B.

Section B defines the nutritional composition of FSMPs and defines

that it is permitted to deviate from Section A of Codex STAN 72 - 1981 if the

composition must be modified to meet the special nutritional requirements

arising from the relevant diseases, disorders or medical conditions. If FSMPs

fall within the scope of the Proposals, we would strongly encourage this

mechanism to be incorporated.

r l~eslandCampma oin Fri<.>slandCampina (Honit J<on'!I Ltd . .licfl.1~1 ;};1\( :lil\~· it! iJ 11! ;.1 iJ

Ill . Nutrition Labeling Requirements (paragraphs 4.5 - 4.9)

A. Label Declaration Tolerance Limits ("LO Tolerance Limits")

It is proposed that LO Tolerance Limits should be set in relation to

public health concerns, shelf-life, accuracy of analysis, processing variability

and variability of the nutrient in the product, and whether a nutrient has

been added or is naturally occurring in a product.

The LO Tolerance Limits for formula for infants and young children

vary among different countries and unfortunately, they are not uniformly

defined by regulations. As most of the relevant products sold in Hong Kong

are imported from other countries, we propose that manufacturers be

allowed to follow the LD Tolerance Limits of the country where the products

are produced.

B. Ordering of Nutrients on Labels

Whi lst the Association agrees that labeling requirements should

reflect the Codex standards and include the various nutrients covered therein,

and that a suggested ordering of the nutrients on the labels would be

welcomed, we believe it would be more practical to allow manufacturers to

determine the order in which the nutrients should appear on the labels.

C. Exemptions - FSMPs

It is suggested that FSM Ps be exempt from nutrition labeling

requ irements, in addition to nutr it ional composition requi rements. There are

FSMP products (e.g. premature formula, metabolic products, human milk

fortifier etc.) that are not sold in retail and the volume supplied is often very

low occupying less than 0.5% of the market of infant formula and follow-up

formula in Hong Kong2• These products are mostly service items used under

medical supervision. Accordingly, the same formula used for these FSMPs

2 Nielsen Ret ail Audit Report Full Year 2012

j>': ~

· r l~eslondCompino nin frieslandCampina (Hong Kon'$) Ltd.

Ji ii.1~PX l ~:';Mi·iil f1 ll!l1 .1/

are used in a number of countries with labels in English as widely accepted

language, to ensure the proper use of these products around the world in

accordance with the LO tolerance and nutrition labeling requirement of the

several destination country(s). Reformulation of the formula or relabeling of

these products may not be necessary, given the small quantity of supply in

the Hong Kong market.

D. Exemptions - Ready-to-feed Infant Formula

Ready-to-feed infant formulas should also be exempted from

nutrition labeling requirements. These products are provided to hospitals

only and are not available in retail channels. Lack of printing surface

available on these products makes it impractical to list all 1+33 nutrients on

the packaging. Composition requirements, however, should still apply to

these products where appropriate.

IV. Testing Methods for Nutritional Composition and Labeling Requirements

Different levels of variation in test results often occur as the inevitable result

of the use of different laboratories, equipment, testing methods, operators and even

the nature of the nutrients themselves. In order to ensure the safety of the public

and proper management of risk communication, it is critical to minimize such

variation, and achieve comparable and reliable test results between government

laboratories and manufacturers' laboratories. We therefore suggest that the

Centre for Food Safety shares a comprehensive list of testing methods to be used

when testing infant formu la or follow-up formula as reference for the industry. We

further propose that the Centre for Food Safety engages manufacturers in technical

meetings to provide a platform for mutual understanding and collaboration with

manufacturers in this regard .

V. Timeframe of.Implementation - Grace Period (paragraph 4.11)

A minimum grace period of 24 months is needed to allow time for

manufacturers to review and adapt to the new requirements as necessary. Various

internal product assessment and data analysis efforts will be required in different

FrieslandCamp1na (Hon<J Kon<J} Ltd. :··11 :ll1!S.:•}: ·H1fr:1.d1IW·~ 'I

manufacturing sites, and reformulation of products, revision of labeling artwork,

adaptation and calibration of testing methods may also be necessary.

VI. Labeling Requirement of Sodium Content in all Non-Cereal Based Food

(paragraphs 5.1 - 5.3)

FrieslandCampina supports the view that sodium content should not form

part of the mandatory labeling requirements, as the Codex does not have such a

requirement.

VII. Regulation of Claims (paragraphs 5.4 - 5.9)

It is noted that the regulation of claims falls outside the scope of the

Proposals. We agree with the concerns expressed by the Administration regarding

this topic, and are of the view that the Hong Kong Code should not attempt to

regulate claims, as there is no international consensus yet and the issues should be

approached with caution.

We do, however, believe that the idea of establishing a list of permitted

claims with a mechanism to evaluate new claims is a step in the right direction.

VIII. Conclusion

FrieslandCampina agrees that nutritional composition and nutrition labeling

are crucial in protecting consumers. These requirements should be ensconced as

law as soon as possible. We welcome any opportunity to work with the

Administration in formulating the detailed provisions of the legislation.

FrieslandCampina (Hong Kong) Limited

January 21, 2013