Hard times for industrial trans fats: EU upcoming legal limit and FDA moves

The EU Commission recently launched a public consultation on a draft Regulation setting a legal limit for trans fat, other than trans fat naturally occurring in animal fat, in foods intended for the final consumer.

The consultation will be open until 1st November 2018 and anybody can participate.

The draft Regulation is pretty straightforward and it is made of just 2 articles.

Basically it states that, after EFSA opinion suggesting to limit as much as possible the intake of industrial trans fat – and the following assessment of the EU Commission about the viable options to reach this goal – setting a limit was the only realistic option to protect public health.

Therefore art. 1 states that in Part B of Annex III to Regulation (EC) No 1925/2006 (on fortification of food and substances that might add to food and supplements), the following entry is added:

Trans fat

The following conditions shall apply:

a. The content of trans fat, other than trans fat naturally occurring in animal fat, in food which is intended for the final consumer, shall not exceed 2 grams per 100 grams of fat.

b. The definitions of “fat” and of “‘trans fat” set out respectively in points (2) and (4) of Annex I to Regulation (EC) No 1169/2011 shall apply.”

Therefore, the limit would not be applicable to B2B foods, provided that they are used in a way that grants no more that 2 g T-fat/100 g fat on the final products.

A transitional period is given by art. 2: food which does not comply with this draft Regulation may continue to be placed on the market until 1 April 2021.

In the meantime I remember to all our readers that in 2015, US FDA determined that PHOs (partially hydrogenated oils), the major source of artificial trans fat in the food supply, are no longer “Generally Recognized as Safe” (GRAS). For the majority of uses of PHOs, June 18, 2018, remains the date after which manufacturers cannot add PHOs to foods, without filing a specific GRAS petition affirming the safety of use. However, to allow for an orderly transition in the marketplace, FDA is allowing more time for products produced prior to June 18, 2018 to work their way through distribution. FDA is extending the compliance date for these foods to January 1, 2020.

You can find the FDA related resources here.

Food Law in Asia and Food Law in US Conference (Rome 16-17th April 2018)

Also in 2018 I am honored to chair and organize with Lexxion, the II edition of the amazing Food Law in Asia Conference + the Food Law in US, after the 1st successful edition in Amsterdam (2017). It will take place in the full of spring in the beautiful Rome, at Hotel Victoria

For all Foodlawlatest.com reader, there is a 10% discount ready to go (see coupon at the end of the article).

CONFERENCE PRESENTATION

With a growth in free trade agreements and the decline of traditional trade barriers, the Asian countries have emerged into one of the most promising regions for food and beverage companies to find new markets for export, however, the complex regulatory frameworks in many Asian jurisdictions often impose big obstacles.

High-profile lecturers from industry, food associations and private legal practice will provide you with a general overview of Food Law in Asia, update you on the legal frameworks in China, India and South Korea and share with you their knowledge and useful tips.

The conference on Food Law in Asia will be followed by a new event on Food Law in the US, shedding light on topics such as export of food and alcoholic beverages to the US, labelling, food recalls, health claims and reforms implemented through the Food Safety Modernisation Act (FSMA).

Both conferences are aimed at food industry representatives interested in export as well as professionals dealing with US and Asian food law on a regular basis. You can benefit from a discount for double-registration and use the opportunity to meet and discuss with food law experts from Europe, Asia and the US.

The conferences will include also practical workshops about how to draft a label for specific countries (e.g. China, India) and high level networking will be eased by the conference format and the wonderful time that you will spend in Rome.

Between the SPEAKERS we will have:

ASIA

  • Nicola Aporti, Head of Corporate and Food Regulatory, HFG Law & Intellectual Property, Shanghai
  • YiFan Jiang, Head of Science and Regulatory Affairs, Food Industry Asia (FIA), Singapore
  • Harsh Gursahani, Associate at PLR Chambers, Consultant for International Trade Laws, New Delhi
  • Bongchul Kim, Associate Professor Hankuk, University of Foreign Studies, Seoul, South Korea
  • Manuela Beatrisotti, EMEA Technical Regulatory Manager, Barilla, Italy

US

  • Katia Merten-Lentz, Partner at Keller & Heckman, Brussels
  • Jonathan Coleman, Food Law Advisor, Campden BRI Group, Nutfield
  • Maile Gradison Hermida, and Elizabeth B. Fawell, Partners at Hogan Lovells, Washington

From the following links, you can see the updated programs (Asia, US), download the unique brochure and register (Asia, US) .

You can redeem a 10% discount as Foodlawlatest reader, using the following code: EFFLSPEAKERCV