In England, the FSA’s other functions have been swept up by Defra and the Department of Health. However, the FSA has retained its current responsibilities in respect of formulation of nutrition labelling policies for Scotland, Ireland and Wales, which is bound to cause confusion.
Formulation and execution of nutrition-related policies (including policy-making on the topic of front-of-pack labelling) fall under the remit of the Department of Health, which is also responsible for policy formation on topics including health and nutrition claims, and salt, fat and sugar content in foods. Labelling issues unconnected with nutrition or food safety (eg those relating to country of origin labelling) have been transferred to Defra, which is also responsible for dealing with and imposing vertical composition regulations setting out standards and requirements in respect of specific products (eg coffee and chocolate).
This makes sense.
There had long been a gradual creep of the FSA guidance into pseudo regulation, where the lines between what was required and what was being ‘recommended’ were becoming blurred.
An illustration of this is the ‘voluntary’ schemes where the FSA championed ‘traffic light’ nutritional labelling – generally seen as preferred by consumers for its ease of understanding – over guideline daily allowances (GDAs), generally seen as preferred by industry as providing a more accurate illustration of the food within an average diet.
When the European Parliament voted in favour of GDAs earlier this year, this showed the tinkerings of the FSA for what they were: well meaning but ineffective and divisive for a European-wide market where harmonised labelling requirements are key.
Others may mourn the diminution of powers of what has been a powerful force for reform in the food industry, but this brings the FSA back to its main purpose of creation, namely to bring transparency and trust back into the food industry after the BSE crisis.
The independence of the body from central government and it’s perceived independence remain crucial in this regard, to protect consumer confidence that’s often cynical about industry/government links and motivations.
Jessica Burt is a consultant solicitor for CMS Cameron McKenna LLP, specialising in food product regulatory and product liability issues.
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