Comments and Correspondence
ICGMA COMMENTS SUBMITTED TO HEALTH CANADA ON THE GENERAL STANDARD
FOR THE LABELING OF PREPACKAGED FOODS: QUANTITATIVE DECLARATION
OF INGREDIENTS (QUID)
March 7, 2002
Mr. Ron B. Burke
Director, Bureau of Food Regulatory International
and Interagency Affairs
Health Promotion Branch
Health Canada
HPB Bldg., Room 200
Tunney’s Pasture
Ottawa K1A OL2
Canada
Dear Mr. Burke:
The International Council of Grocery Manufacturers Associations
(ICGMA) is pleased to provide input on the “Proposed Draft
Amendment to the General Standard for the Labeling of Prepackaged
Foods: Quantitative Declaration of Ingredients (QUID)” (Alinorm
01/22A).
ICGMA, a recognized INGO before the Codex Alimentarius Commission,
represents the interests of national and regional associations who
collaborate with all sectors of the consumer packaged goods industry.
ICGMA promotes the harmonization of scientific standards and policies
concerned with health, safety, packaging, and labeling of foods,
beverages, and other consumer packaged goods. ICGMA also works to
facilitate international trade in these sectors by eliminating or
preventing artificial barriers to trade.
General Comments:
ICGMA does not support mandatory requirements for quantitative
declarations of ingredients. We continue to oppose all efforts to
impose extraneous food labeling requirements that afford no health
or safety benefit to consumers. Product composition is sufficiently
declared through full ingredient labeling in order of predominance
by weight. Mandatory percentage ingredient labeling as proposed
requires the disclosure of proprietary information, e.g., recipes
protected by trademark, distracts from material information related
to product safety and nutritional content, and has the potential
to confuse and mislead consumers who have no numerical concept of
the appropriate ingredient percentage in packaged food products.
Comments to the “Proposed Draft Amendment to the
General Standard for the Labeling of Prepackaged Foods: Quantitative
Declaration of Ingredients (QUID)” (Alinorm 01/22A):
As stated previously, mandatory percentage ingredient labeling
as proposed requires the disclosure of proprietary information,
distracts from material information related to product safety and
nutritional content, and has the potential to confuse and mislead
consumers. The technical practicalities of accurate representation
impose a significant economic burden on the food industry while
simultaneously imposing onerous implementation and enforcement burdens
on regulatory authorities. These labeling requirements will effectively
reduce selection for consumers and market competition without increasing
safety quality or consumer confidence.
Furthermore, ICGMA believes that the “Proposed Draft Amendment
to the General Standard for the Labeling of Prepackaged Foods: Quantitative
Declaration of Ingredients ” is potentially violative of the
World Trade Organization’s (WTO) trade agreements. Specifically,
Article 2.2 of the Agreement on Technical Barriers to Trade (TBT
Agreement) provides that technical regulations shall not be “prepared,
adopted, or applied with a view to or with the effect of creating
unnecessary obstacles to international trade.” To ensure that
no unnecessary obstacles are erected, the Agreement requires that
any regulations enacted “shall not be more trade-restrictive
than necessary to fulfill a legitimate objective.”
Mandatory percentage ingredient labeling as proposed is an obstacle
to trade because the enormous compliance and regulatory costs will
force many producers, especially those in developing nations, out
of the market. It is unnecessary because it is something that could
be achieved in a less trade-restrictive manner - such as through
the establishment of a voluntary system for labeling. Moreover,
the proposed labeling does not fulfill a legitimate objective because
it does nothing to advance the health and safety of consumers. Mandatory
percentage ingredient labeling requirements do not fulfill Codex’s
mandate of “protecting the health of the consumer and ensuring
fair practices in the food trade.”
Finally, ICGMA remains concerned about the impact of mandatory
percentage ingredient labeling requirements on developing nations
and small businesses. All too often, developing countries are excluded
from the decision-making process even though they are the hardest
hit by the costs imposed by new regulations. Many developing countries
will be severely harmed by the economic burdens imposed by these
new regulations. As a result, they will be forced out of the international
market causing significant economic losses, decreased competition
and reduced consumer choice.
The costs of this labeling scheme will be most onerous for small
processors. With the significant costs associated with the proposed
labeling, smaller companies will no longer be able to compete in
the global marketplace and will be forced out of business, seriously
impairing free trade and consumer choice.
In conclusion, for the reasons outlined above, ICGMA believes that
Codex Committee on Food Labeling (CCFL) should not begin new work
in this area. Instead, CCFL should remain focused on science based
horizontal standards that will achieve Codex mission: to protect
the health of consumers and facilitate fair practices in food trade.
* * *
ICGMA appreciates the opportunity to comment on this very important
issue. Should you have any questions or need additional information
on our comments, please do not hesitate to contact me.
Sincerely,
Mari Stull
Executive Secretariat
International Council of Grocery Manufacturers Associations
cc. FAO Secretariat
C. Taylor-Lewis
FCPMC
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