FDA moving down the road of Dietary Fibers definition

On 27th March the U.S. Food and Drug Administration announced today that it intends to propose that “cross-linked phosphorylated RS4” – regardless of source – be added to the definition of dietary fiber. The action was taken in response to a citizen petition from MGP Ingredients Inc.
Dietary fiber that can be declared on the Nutrition and Supplement Facts labels includes certain naturally occurring fibers that are “intrinsic and intact” in plants and added isolated or synthetic non-digestible soluble and insoluble carbohydrates that FDA has determined have beneficial physiological effects to human health.
The FDA established a definition for dietary fiber in its Nutrition Facts label final rule, which was published in the Federal Register on May 27, 2016. Based on available evidence, FDA has determined that the scientific evidence suggests that cross-linked phosphorylated RS4 can help reduce insulin levels following a meal containing a carbohydrate that raises blood glucose levels.
Including this current notification, 16 categories of non-digestible carbohydrates (e.g. mixed plant cell wall fibers, a broad category) are either included in the definition of dietary fiber or are non-digestible carbohydrates that FDA intends to propose to be added to the definition of dietary fiber (see Questions and Answers on Dietary Fiber for a list). Seven of these fibers were identified in the Nutrition Facts label final rule as meeting the dietary fiber definition.
Until FDA completes rulemaking regarding adding additional fibers to the regulatory definition of dietary fiber, the agency intends to exercise enforcement discretion to allow manufacturers to include the amount of these additional fibers in the dietary fiber declaration on the Nutrition and Supplement Facts labels. Firms can submit citizen petitions requesting that additional fibers be added to the definition of dietary fiber. Those petitions will be reviewed on a rolling basis.
(Source: FDA website)
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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.