26 October 2016 [26–16] Supporting document 3 Summary of review submissions – Application A1090 Voluntary Addition of Vitamin D to Breakfast Cereal The following is a summary of issues raised by submitters and, where appropriate, FSANZ’s response to the issue. Some submitters provided fall-back positions if their preferred position was not reflected in the approved draft variation following the review. Applying the NPSC to breakfast cereal fortification with vitamin D Submitter FSANZ response Supports proposed option to limit vitamin D fortification permissions to only breakfast cereal that meets the NPSC. Some jurisdictions (NSW, Victoria, Tasmania, WA) Noted. See Review Report, particularly section 8. Supports the fortification of breakfast cereal with vitamin D – either restricted to cereals that meet the NPSC or all cereals MPI Noted. Supports/ prefers the voluntary addition of vitamin D to all breakfast cereal Industry and one jurisdiction (Nestlé, AFGC, Sanitarium, GLNC, Kellogg, MPI) Noted. Recommend the Application not be approved Public health organisations (Deakin University, PHAA, CCA) Noted. However, FSANZ does not agree. FSANZ has assessed the voluntary fortification according to the FSANZ Act, and considers that it is safe and provides additional choice to consumers who may wish to increase their dietary vitamin D intake. If the voluntary addition of vitamin D to breakfast cereal were permitted, it should be permitted only for those cereals that meet the NPSC. Public Health Organisations (PHAA, CCA, OPC) Noted. See Review Report, particularly section 8. Applying the NPSC to voluntary fortification of breakfast cereal with vitamin D is consistent with the specific policy principles in the Ministerial Policy Guideline. Jurisdictions) (NSW, Vic, Tasmania, WA, Qld, MPI) Noted. See SD2. Breakfast cereals and Dietary Guidelines Submitter FSANZ response
Drafting Submitter FSANZ response If the NPSC is applied to fortification of breakfast cereal with vitamin D, consideration should be given to a draft variation that requires the same relevant additional labelling requirements to be met as outlined in Division 7 of Standard 1.2.7. This will assist enforcement agencies to determine if a given breakfast cereal meets the NPSC as all relevant details will be provided on the label. MPI Noted. See Review Report, particularly section 7 and approved draft variation (as amended) at Attachment A. Future / precedent setting Submitter FSANZ response The application of the NPSC more widely across the food supply to fortification decisions already made, and to proposals in the future raises concerns. There may well be flow on effects as a result affecting a much broader range of applications. Ingredient suppliers will the region as unworthy of investment because: the costs associated with making applications and outcomes can be and are shown to be perverse. This may have a significant and negative impact on food choices, innovation and development and ultimately on the economics of manufacturing for Australia and New Zealand. NZFGC Noted, This review related only to the voluntary fortification of breakfast cereal with vitamin D. However, FSANZ understands that the clarification statement, clarifies the Policy Guideline Fortification of Food with vitamins and minerals more broadly, and will therefore be considered as part of the assessment in future fortification applications or proposals. Noted. It is not clear if proposal A1090 extends to foods already fortified with vitamins and minerals that are not meeting the NPSC. Kellogg Noted. See response above. Concern that fortification of breakfast cereals may be extended similar foods (precedent setting) Tasmania Some of the mentioned foods in this submission are already permitted fortification e.g. breakfast drinks already permitted to contain 5 µg vitamin D per serve. FSANZ assesses each fortification on its merit. See response above. Principles for fortification Submitter FSANZ response Fortification should only be permitted where the demonstrated public health benefit outweighs the risk of increased consumption of foods not in line with ADG. OPC Noted. See Review Report, particularly sections 4, 5 and 6. FSANZ has had regard to the Policy Guideline which aligns with Codex principles: General Principles for the Addition of Essential Nutrients to Foods (CAC/GL 9-1987)
health, foods limited to meet guidelines for weight do not automatically become ‘discretionary’ food items The discretionary sugar targets defined in the AHS study based on the dietary modelling from the AGHE have been taken out of the context under which they were derived. Kellogg Out of scope: extension beyond this Application Submitter The consultation paper fails to identify benefits of applying compositional criteria beyond this Application. Tasmania Food fortification and the nutrition and health claims food standards are contributing to dietary imbalances because the standards are being exploited for the benefit of producing and marketing discretionary foods Deakin University FSANZ needs to do more to use its authority to promote a healthy and sustainable food environment and to help protect public health against non-communicable disease. Deakin University FSANZ has overlooked public health risks associated with dietary imbalances as reflected in Dietary Guideline recommendations and instead limited its analysis to a reductionist paradigm informed by nutrient scoring Deakin University