Opinion of the Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council amending Directive 2000/13/EC as regards indication of the ingredients present in foodstuffs"

(2002/C 80/07)

On 14 November 2001, the Council decided to consult the Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 4 December 2001. The rapporteur was Mrs Davison.

At its 387th plenary session (meeting of 16 January 2002), the Economic and Social Committee adopted the following opinion by 89 votes to three with three abstentions.

1. Introduction

1.1. This Commission proposal is intended to ensure that all consumers are informed on the full content of the food they are eating and to enable consumers with food allergies to identify any allergenic ingredients that may be present.

1.2. The proposal will abolish the "25 % rule" which currently means that it is not compulsory to label the components of compound ingredients that make up less than 25 % of the final food product. The proposal means that all ingredients intentionally added will have to be included on the label.

1.3. The proposal includes derogations - not applicable to additives or allergens:

a) where the composition of the compound ingredient is defined in current Community legislation (e.g. chocolate, jam), and constitutes less than 5 % of the finished products;

b) preparation of sauces or mustards constituting less than 5 % of the finished product;

c) mixtures of spices and herbs constituting less than 2 % of the finished products;

d) where the compound ingredient is a foodstuff for which a list of ingredients is not required under Community legislation.

1.4. Finally, the proposal includes a list of ingredients liable to cause allergies or intolerances that will have to be listed whenever they are used: cereals containing gluten and products thereof; crustaceans and products thereof; eggs and products thereof; fish and products thereof; peanuts and products thereof; soybeans and products thereof; milk and dairy products (including lactose); nuts and nuts products; sesame seeds and products thereof; sulphite at concentrations of at least 10 mg/kg.

2. General remarks

2.1. The Economic and Social Committee very much welcomes the Commission proposal. It deals with the two important issues of consumer information and protection from allergic reaction to food. A recent survey shows that the list of ingredients is the second most important labelling information identified by consumers(1). Consumers want to know what they eat.

2.2. The Committee is very concerned by food allergies, which are a serious public health problem. The number of people presenting with food allergies is increasing all the time, and scientific knowledge of foods causing allergies is growing. It is estimated that 8 % of children and 3 % of adults are affected. Adverse effects extend from illness and reduced quality of life to life threatening allergic reaction(2). The dose of food allergen required to induce an immunological reaction varies, but in many instances it can be very low. Currently, there is no medication that cures food allergies. Strict avoidance of the allergy-causing food is the only way to avoid a reaction. There are other sources of information, but these individuals rely largely on food labels to keep themselves and their children healthy.

2.3. It is therefore of vital importance that people suffering from food allergies have access to the full composition of food products and can be sure that the product does not contain the components they must not ingest.

2.4. The abolition of the 25 % rule will allow consumers to have the full list of the products contained in the products. Under the existing 25 % rule, components of compound ingredients that make up less than 25 % of the final product (like the sausage topping on a pizza) do not have to be listed.

2.5. The Committee would draw attention to the extremely urgent need for research on this area as a public health issue as well as a labelling one. For example, why is the emergence of allergies increasing? What can we do to alter the trends?

2.6. Nevertheless, there is concern about the exceptions allowed in the proposal. Community legislation defines the composition of the compound ingredients for various products (e.g. chocolate and jam). Also, allergies to spices have been reported, and ingredients included in mixtures of spices constituting less than 2 % of the final product do not have to be listed on the product. Consumers suffering from hypersensibility to products not commonly known as allergens will remain with the handicap of not being informed that the product they are buying contains a component that can provoke an adverse reaction.

2.7. The Committee understands that these exceptions have been included by the Commission with the aim of avoiding excessively complex legislation and taking account of the technical constraints placed on food manufacturers. However, as explained in the previous point, the Committee's reservations arise mainly from the fear that these derogations may not fully achieve the objectives aimed at by the Commission.

2.8. The Committee stresses the fact that risks of food allergies are not limited to pre-packed food and hence the whole range of foodstuffs has to be taken into consideration. Consumers too have to share responsibility if they want to control risk.

2.9. With regard to the list of allergenic ingredients or substances which must always be labelled, the Committee welcomes the introduction of a procedure enabling the quick updating of the list whenever necessary. The Commission will be able to amend the list subject to the opinion of the Standing Committee on Foodstuffs. New allergens are emerging, and it is important that this list is kept up to date.

Brussels, 16 January 2002.

The President

of the Economic and Social Committee

Göke Frerichs

(1) European wide study performed in 1998/1999 by the University of Leuven (B). The study covered the 15 EU Member States, with the participation of more than 13,000 persons.

(2) During a food-allergic reaction, the immune system mistakenly believes that a harmless substance, in this case a food item, is harmful. In its attempt to protect the body, it creates specific IgE antibodies to that food. The next time the individual eats that food, the immune system releases massive amounts of chemicals and histamines in order to protect the body. These chemicals trigger a cascade of allergic symptoms that can affect the respiratory system, gastrointestinal tract, skin, or cardiovascular system.