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For Information DOCUMENT NUMBER/S: SCM-038-09, NUT-110-09 TO: SFDF Members’ Forum, Nutrition Committee FROM: Greg McCracken SUBJECT CATEGORIES: Food Safety & Science; Health & Wellbeing; Scottish Government KEY DOCUMENT Copyright FDF Private and confidential To be circulated ONLY to FDF members and authorised recipients 05/10/09 SFDF Submission to Limit on Trans Fats (Scotland) Bill Summary SFDF have submitted an industry response to Dr Richard Simpson MSP’s consultation on his proposed Limit on Trans Fat (Scotland) Bill in the Scottish Parliament. A full copy of the submission is available below. Greg McCracken SFDF Policy Executive Scottish Food and Drink Federation ■ 4a Torphichen Street ■ Edinburgh EH3 8JQ ■ Tel: +44 (0)131 229 9415 ■ Fax: +44 (0)131 229 9407 ■ Web: www.sfdf.org.uk SFDF is a devolved division of the Food and Drink Federation (FDF), 6 Catherine Street, London WC2B 5JJ. Registered in London with limited liability. Certificate of Incorporation no. 210572. VAT number: 761253541. FDF seeks to ensure that information and guidance it provides are correct but accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice. 30 September 2009 Dr Richard Simpson MSP Room M2.19 The Scottish Parliament Edinburgh EH99 1SP Dear Dr Simpson SFDF SUBMISSION ON PROPOSAL FOR A LIMIT ON TRANS FATS (SCOTLAND) BILL On behalf of the Scottish Food and Drink Federation (SFDF), I would like to thank you for the opportunity to contribute to this consultation process. In our view, a successful food and drink manufacturing industry is a vital component of a healthy Scottish economy, not least because it generates annual sales of £7.57 billion and exports worth £3.57 billion. It also provides employment for around 50,000 people, that is, one in five of the total Scottish manufacturing workforce. Across the UK, the food and drink manufacturing industry generates annual sales of £70 billion and exports worth £9.23bn. The industry is the largest of the manufacturing sectors accounting for 15% of manufacturing overall, and employs almost 440,000 people, roughly 13% of the UK manufacturing workforce. SFDF is a devolved division of the Food and Drink Federation (FDF). Enabling Healthier Consumer Choices SFDF is of the view that the proposed Bill, and the Trans Fatty Acids (TFA) limit it would establish, is unnecessary given the progress already delivered by industry on a voluntary basis. The food and drink manufacturing industry recognises it has a responsibility to play its part in helping to find solutions to the complex issues at the heart of the diet and health challenge we are facing. Our long-standing commitments in this area have seen us working constructively with Government and regulators, including in relation to reducing the level of TFA present in food products. The industry is committed to reducing TFA levels further where this does not cause a resultant increase in saturated fat levels. Scottish Food and Drink Federation (SFDF) Page 2 Key points to note The current Government recommended intake level: In 1994, the Committee on Medical Aspects (COMA) on Food Policy, predecessors to the Scientific Advisory Committee on Nutrition (SACN), recommended that average intakes of TFA should not exceed 2% of food energy (E%).1 No Need for Regulation: In 2003, SACN endorsed COMA’s earlier recommendation, and as recently as July 2009 the FSA Board agreed that a limit on TFA levels was unnecessary due to voluntary measures taken by the UK food industry. The UK and Scottish Governments have noted that they accept the FSA’s advice that legislation is not required in this area2. Monitoring Intake Levels: FSA subsequently established a programme to monitor TFA intake levels. Progress delivered – An Industry Success Story: These voluntary measures have resulted in UK TFA intakes falling to only 1% of food energy – just half of the recommended maximum average TFA intake. This represents a real industry success story. The industry is committed to reducing TFA levels further where this does not cause a resultant increase in saturated fat levels. Understanding intake – the balanced picture: SFDF is not aware of any evidence that intakes of TFA in Scotland are considerably different from the rest of the UK and Europe. This being so, the FSA and European Food Safety Authority (EFSA) positions would indicate there was no need to legislate and to do so would be a disproportionate response when compared to any potential health benefit to consumers. Impact of Proposal – Diminishing Returns and Potential for Unintended Consequences: Bearing in mind the current levels of TFA intakes, the imposition of a 1% limit at ingredient level would present, at the very least, an insurmountable barrier to the use of most oils and fats in the food industry. This would be completely disproportionate given the negligible additional health benefit that might be derived. The proposed Bill would therefore have the unintended consequence of removing a huge range of products from shelves. The UK Manufacturing Industry & TFA – A Real Success Story Since the COMA report in 1994, industry has taken effective steps to limit levels of TFA in manufactured foods. While the proposed Bill recognises the significant work which has already been undertaken by food manufacturers to reduce TFA on a voluntary basis, we feel that it would not deliver any additional gains from those already being achieved through industry’s actions in this area. This is supported by the fact that the FSA has, as a direct consequence of the activities of the 1 2 www.food.gov.uk/multimedia/pdfs/board/fsa071207.pdf, P4 – FSA Paper 07/12/07, 13 Dec 07. www.food.gov.uk/multimedia/pdfs/ajtransfatlett080110.pdf Scottish Food and Drink Federation (SFDF) Page 3 food manufacturing industry, not thought it necessary to go down the regulatory route to secure reductions in TFA. Average intake levels below current Government recommended levels In October 2007, and at the behest of Health Ministers across the UK, the FSA reviewed the latest evidence in relation to the health impacts and effects of TFA. In drawing conclusions and making their recommendations, SACN made use of food consumption data from the FSA’s National Diet and Nutrition Survey (NDNS), Low Income Diet and Nutrition Survey (LIDNS) and took into account the 2007 re-estimates of TFA intakes across the UK3. SACN’s conclusions endorsed COMA’s original 1994 recommendation that the average TFA intake should not exceed 2% of food energy4, and determined that there was currently no firm scientific basis for its revision. In its paper to the FSA Board, SACN noted that the actual average intake was more likely to be closer to 1% rather than the 1.2% as stated in the NDNS survey for the following reason: “assuming no change in food consumption patterns, product reformulation of the foods identified… has reduced the contribution of TFA to 1% of average population food energy intake. This reflects an upper estimate of intake as it does not take into account changes in the TFAs levels in all food groups, and particularly those making up the ‘other foods’ category, which contribute around 18 -19% to intakes”.5 As a result of these findings, the FSA Board advised that legislation was not necessary since the review showed that TFA represented just 1.2% of total energy intake in the UK diet, well below their maximum recommended average intake of 2% of energy6. The Board praised the food industry for its efforts in reducing TFA in products. Their subsequent report noted the findings proved that “In general the methodology tends towards an overestimate of current trans fat intakes rather than an underestimate”.7 The FSA Board’s advice not to legislate was formally accepted in full by the UK Health Minister at this time 8, and SFDF understands that the Scottish Government are also content with the FSA advice. The FSA Board paper sets out recommendations on TFA as part of the above review. This paper provides clear indications of the excellent work of our industry in this area, and outlines the reasons why legislation is not required to limit the use of TFA.9 It is also interesting to note the findings of the 2008 LIDNS. The Scottish Public Health Observatory has previously commented that the LIDNS, with its sample size for Scotland which is larger than the NDNS sample, provides a clearer representation of the low income population in the UK and, as such, is more reliable than the NDNS data for Scotland10. The survey reveals that, while individuals on a low income tend to have poorer diets, some of the age groups identified have slightly lower levels of TFA intakes in Scotland than the NDNS data. This would not support the assertion that the proposed Bill would specifically benefit 3. Re-estimate of trans fat intake in adults using current industry data http://www.food.gov.uk/multimedia/pdfs/reestimatetransfats.pdf 4. Committee on Medical Aspects of Food Policy. Report on health and Social Subjects. No. 46: Nutritional Aspects of Cardiovascular Disease. London: HMSO, 1994. 5 FSA 07/12/07 Agency Trans Fatty Acids paper to FSA Board http://www.food.gov.uk/multimedia/pdfs/board/fsa071207.pdf 6. Minutes of FSA Board meeting, 13 Dec 2007 http://www.food.gov.uk/multimedia/pdfs/board/boardmins13dec07.pdf 7 www.food.gov.uk/multimedia/pdfs/reestimatetransfats.pdf, P3. 8 Letter from Secretary of State for Health to FSA Chair http://www.food.gov.uk/multimedia/pdfs/ajtransfatlett080110.pdf 9 www.food.gov.uk/multimedia/pdfs/board/fsa071207.pdf www.scotpho.org.uk/home/Behaviour/Dietandnutrition/diet_keydatasources.asp 10 Scottish Food and Drink Federation (SFDF) Page 4 people living in deprived areas in Scotland on the basis of their consuming higher levels of TFA.11 As recently as July 2009, the FSA have restated their position on the health impacts of current intakes of TFA in food. This position notes that the FSA Board have concluded they are: “unanimously agreed that mandatory restrictions [on TFA levels] were unnecessary because voluntary measures taken by the UK food industry to reduce levels of TFA in foods had been successful in reducing consumers’ dietary intakes to low levels (half the maximum recommended average intake).” 12 Furthermore the EFSA Panel has stated very recently (August 2009) that: “Dietary TFA are provided by several fats and oils that are also important sources of essential fatty acids and other nutrients. Thus, there is a limit to which the intake of TFA can be lowered without compromising adequacy of intake of essential nutrients. Therefore, the Panel recommends that TFA intake should be as low as possible within the context of a nutritionally adequate diet. The Panel notes that a number of authorities have recommended to keep the intake of TFA below 1-2 E%. Typically, these recommendations reflect a judgement of what maximum level of TFA intake is practically achievable within the context of a nutritionally adequate diet based on known patterns of intake of foods and nutrients in specific populations. The Panel also notes that the average intake of TFA in adults in the EU has decreased considerably over recent years”.13 We hope that these facts provide robust evidence to demonstrate that regulation is not required in this area. Continuing with the Voluntary Approach and Intake Monitoring The consultation states that one purpose of the proposed Bill is to “stop manufacturers from going back to previous methods”. However, in addition to having recognised that the food manufacturing industry has contributed to TFA levels falling significantly below the level recommended by SACN, the FSA will continue to monitor TFA intake levels on a yearly basis. SFDF supports this ongoing monitoring as an alternative to legislation on the basis that it will serve to ensure that TFA levels are kept to a minimum. Later this year, the Agency will also publish the first results of its NDNS rolling programme. Fieldwork around this began in April 2008, and the survey will cover a UK representative sample of 1000 people per year (adults and children aged 1½ years upwards) with sample boosts in Scotland and Northern Ireland for the first two years14. The outcomes of the NDNS rolling programme are the central means by which the FSA will, as part of the much wider dietary review, be able to both monitor intakes of TFA against their 11 www.sacn.gov.uk/pdfs/SACN0827%20%20%20position%20paper%20on%20LIDNS%20report.pdf, P.26 www.food.gov.uk/multimedia/pdfs/consultation/consultsatfat.pdf page 7 13 Draft Opinion on Dietary Reference Values for Fat http://www.efsa.europa.eu/EFSA/efsa_locale1178620753812_1211902774897.htm, (Section 6.5) 12 14 . National Diet and Nutrition Survey (NDNS) Rolling Programme – progress report 2006 http://www.food.gov.uk/multimedia/pdfs/pro061201.pdf Scottish Food and Drink Federation (SFDF) Page 5 recommendation and provide clear evidence of industry’s contribution to achieving our shared ambitions in this area. Food Industry Illustrative Examples We are grateful to our member companies who have granted permission to relate details of their production formulation as a means of providing clear examples of how the implementation of legislation as contained in this proposed Bill would affect them. The examples below present TFA content at product level, and show how these levels are at amounts that will enable consumers to meet the FSA’s recommended TFA intake of 2% of food energy when eaten as part of a sensible, balanced diet. They also make clear the legislation would impose a barrier to the manufacture and sale in Scotland of a huge range of food products. Vegetable oils both as sold and used as an ingredient in a wide range of food items Vegetable oils play an important role in the diet and are typically high in unsaturated fatty acids. In addition, vegetable oils are used as an ingredient in a huge range of food items. The proposed Bill sets a maximum limit on TFA in all ingredients to 1%, however for reasons outlined below all vegetable oils could not be guaranteed to meet this requirement. The result would be that this essential ingredient could not be used and would further result in a huge range of everyday food items sold elsewhere in the UK being banned from sale in Scotland. Due to advancements in processing methods, TFA levels in vegetable oils as a raw ingredient have been reduced substantially in the last 10 years, so that the average level of TFA is now c.1%. This is the lowest level that is technically possible (see below). The final stage “deodorisation” in the refining process for vegetable oils involves the oils being heated to a high temperature for a specified period of time to remove odour and taste compounds and trace components. This process is essential for food safety and compliance reasons. An unavoidable consequence of this essential process is the creation of very low levels of TFA (c. 1%). Significantly, oils that are highly unsaturated i.e. high in mono and poly-unsaturated fats, have a greater propensity to produce these low levels of TFA in the final stages of the refining process. This is due to the higher levels of double-bonds that make these oils “healthy”. All analytical procedures are subject to uncertainty (error) which means that an additional safety margin is required to ensure compliance, i.e. the actual target limit would be even lower than the 1% proposed. For the reasons above it is clear that liquid vegetable oils produced under conditions of good manufacturing practice (GMP) cannot consistently meet the stringent limits proposed in the Bill. Scottish Food and Drink Federation (SFDF) Page 6 Therefore the proposed Bill if adopted would threaten the availability of a vast range of foods that use liquid vegetable oils as ingredients and therefore many food items would be prevented from being produced and/or sold in Scotland. Food Casings One of our members presently uses a hydrogenated vegetable oil as a processing aid in the manufacture of their food (sausage) casings. This particular oil is used to ensure the shelf life of their products, which are distributed worldwide, of up to 2 years. Without hydrogenation, the stability of the oil would be compromised. The level of TFA in the oil itself is about 25%. The amount of oil used is approximately 4% by weight of the casings. In turn, the casings themselves are approximately 0.5% by weight of the sausage. This means for the consumer that the amount of oil by weight of the foodstuff (sausage) is 0.02%. With the level of TFA in the oil at 25% this means that the TFA content of any sausage from the vegetable oil is approximately 0.005% by weight. Despite this extremely low intake, and correspondingly low risk to human health, our member company would be prevented from using this oil as "the limit is applied at the source, not in the final products". The consequent impact on this business would be significant, and would place them at a distinct disadvantage with their competitors. The cost of identifying and introducing a replacement, assuming this was possible, would be expensive and time consuming to ensure compatible shelf life, and not deliver a noticeable improvement to consumers’ health. Shortbread Our members have successfully made significant reductions of TFA in general. It is not clear, however, in the context of this Bill, whether butter would be affected by the legal requirements. It is vital to note that, with regards to dairy and animal fats, it is not possible to alter their composition of TFA. Indeed, the levels of TFA in animal and dairy products are subject to seasonal variation; in the case of butter, this can range between 4% - 8% of content. This is very relevant when considering products which contain dairy fats (including butter) as part of their traditional recipe, and when the presence of these ingredients is an indication of high quality for consumers, for example, shortbread. With Shortbread, our members are not only governed by consumer demand for high quality products, but also by legal constraints. The food industry and enforcement interests on shortbread have a long standing agreement which states that shortbread should contain at least 24% fat, of which at least 70% should be butterfat. Therefore, the minimum level of TFA in shortbread, coming solely from the legally required butter component, can range from 0.7% to 1.4%. This illustrates that although you start with a level well above 1% in one of the ingredients, the level in the final product is much lower. Given that many quality shortbread products would contain higher amounts of butter, and despite the fact that it is a traditional cupboard ingredient, the use of which is legally required in this product, the proposed Bill could result in the banning of shortbread from Scotland. We have other examples from specific food types and sector trade bodies which we would be happy to share as clear indications as to why the approach presented in the proposed Bill is Scottish Food and Drink Federation (SFDF) Page 7 neither logical nor proportionate, would remove from sale in Scotland a wide range of foods with little contribution to the protection of human health. The Current Regulatory Framework As things stand, the food and drink industry continues to face a considerable regulatory burden, which adds significantly to its cost base and affects its ability to compete successfully in domestic and international markets. Indeed, regulation remains one of the biggest perceived threats to the competitiveness of our industry, and represents a significant barrier to our shared ambition of sustainable economic growth.15 On a technical point surrounding the legal definitions presented in the consultation, the Bill proposes that companies would be able to market themselves with the claim of being “freefrom” TFA should they comply with the legislation. Given that the proposed Bill would enable a permissible amount of TFA of 1% to be present in products, it is unclear whether these companies could legally make the claim “free-from” within the context of current EU regulation. FDF are also aware that under existing EU law, nutrition claims which are not contained within the EU nutrition and health claims regulation annex are not permitted to be used.16 Currently, the terms “Trans Fat Free” or “Free from Trans Fats” are not covered in the annex. Consequently, it is unlikely that the proposed Bill would in reality lead to companies being legally entitled to use the terminology “Trans Fat free”, or similar, to indicate reductions or absence of TFA. A Targeted Approach to Achieving Reductions in TFA While the proposal makes reference to the Danish limit on TFA, it is worthwhile noting that no work has been undertaken to verify if this legislation has delivered the kind of health improvements sought through the implementation of this Bill. Therefore, without an evaluation of the impact of the Danish legislation there does not appear to be any evidence that Scotland would benefit from implementing a limit on TFA. You may be aware that other EU states have chosen not to adopt legislation aimed at reducing the intake of TFA. The Dutch and Belgian governments in particular have instead opted to provide strong support to industry initiatives that promote responsible frying techniques at catering establishments which include moving from cooking fats to lower TFA cooking oils. Providing supportive educational guidance to such establishments could deliver more substantive results and encourage the industry to continue its determined efforts to lower TFA levels. SFDF would therefore consider that, a targeted approach, supported by voluntary commitments, would be more achievable and effective than a broad requirement on all ingredients through the implementation of legislation as proposed in this Bill. Resolving many of the health concerns as outlined in the proposed Bill, for example heart disease, strokes and diabetes, would be far better achieved by acting in this way, alongside investment in consumer education and encouraging a healthy, balanced diet. 15 16 www.fdf.org.uk/responses/cabinet%20office%20final%20_3_.pdf http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:012:0003:0018:EN:PDF Scottish Food and Drink Federation (SFDF) Page 8 The Financial Cost of Regulation We feel that the actions of industry to reduce TFA as highlighted above have already virtually achieved the ambitions of this Bill. However, there would still be significant costs in implementing the Bill as it stands. It is important when considering regulation, or indeed going down the voluntary route, to strike the right balance between the perception of regulation and ensuring that this will not lead to unintentionally undermining the competitiveness of businesses. Continuing to adopt a proportionate approach towards achieving reductions in TFA would reflect the commitment of our industry and recognise that a constructive partnership, between industry and regulators, is the best means of achieving our shared ambitions of enabling healthier consumer choices. We feel that this fact needs to be better understood across Government – in the Scottish, UK and EU contexts. Increasing the regulatory burden, particularly in an area in which industry action has already more than satisfied the requirements of the FSA, would be another unnecessary challenge for many companies during this difficult economic climate and introduce additional complexity, without proportional gain for consumers. Conclusions Rather than introducing a Bill to set a legal limit on the level of TFA at source, we would continue to urge working with industry to deliver further progress on a voluntary basis, to ensure we secure greater improvements and progress on the areas in debate without damaging the underlying competitiveness of industry. The recommendation of the FSA, endorsed by the UK and Scottish Governments, that TFA intakes should not exceed the average level of 2% of food energy has been met due to the voluntary measures of food manufacturers, which have resulted in UK TFA intakes falling to only 1% of food energy – a real industry success story. In light of the evidence above, imposing a 1% limit on TFA at ingredient level would remove a huge range of products from shelves, present a disproportionate challenge to many food manufacturing companies and deliver negligible additional health benefits. I trust our comments will be taken into consideration, however, if you require further input please do not hesitate to contact me. Yours sincerely, Flora A McLean Director Scottish Food and Drink Federation (SFDF) Page 9 The Food and Drink Manufacturing Industry The Scottish Food and Drink Federation (SFDF) represents the food and drink manufacturing industry in Scotland. The food and drink manufacturing industry in Scotland has a gross output of around £7.57 billion and exports worth £3.57 billion. SFDF is a devolved division of the Food and Drink Federation (FDF), the voice of the UK food and drink manufacturing industry. As the largest manufacturing sector in the UK, food and drink manufacturers employs around 440,000 people and have a combined annual turnover of £70bn. UK food and drink exports in 2005 were almost £10bn. The following Associations are members of the Food and Drink Federation: ABIM ACFM BCA BOBMA BSIA CIMA EMMA FA FOB FPA GPA MSA SB SMA SNACMA SPA SSA UKAMBY UKHIA UKTC Association of Bakery Ingredient Manufacturers Association of Cereal Food Manufacturers British Coffee Association British Oats and Barley Millers Association British Starch Industry Association Cereal Ingredient Manufacturers’ Association European Malt Product Manufacturers’ Association Food Association Federation of Bakers Food Processors’ Association General Products Association Margarine and Spreads Association Sugar Bureau Salt Manufacturers’ Association Snack, Nut and Crisp Manufacturers’ Association Soya Protein Association Seasoning and Spice Association UK Association of Manufacturers of Bakers’ Yeast UK Herbal Infusions Association UK Tea Council Within FDF there are the following sectoral organisations: BCCC FF MG ORG SG VEG YOG Biscuit, Cake, Chocolate and Confectionery Group Frozen Food Group Meat Group Organic Food and Drink Manufacturers’ Group Seafood Group Vegetarian and Meat Free Industry Group Yoghurt and Chilled Dessert Group Scottish Food and Drink Federation (SFDF) Page 10