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The Government published in the Gazette today (June 13) the Food and Drugs (Composition and Labelling) (Amendment) (No.2) Regulation 2014 (the Amendment Regulation). The Amendment Regulation seeks to mandate nutrition labelling of infant formula, follow-up formula and prepackaged food for infants and young children under the age of 36 months as well as regulate the nutritional composition of infant formula, so as to protect the health of infants and young children who consume such products.
A spokesman for the Food and Health Bureau said, "The Government is committed to protecting the health of infants and young children. Infants and young children must obtain optimal nutrition from their diet to grow and stay healthy. The superiority of breastfeeding in ensuring physical and psychosocial health and the well-being of mother and child, as well as the important impacts of early nutrition on long-term health, are widely recognised. Where breastfeeding is not feasible, infant formula is the only processed foodstuff which wholly fulfils the nutritional requirements of infants during the first few months of life until the introduction of appropriate complementary feeding. We must therefore ensure that infant formula is safe and nutritionally adequate.
"Through the Amendment Regulation, the Government hopes to ensure that formula products and prepackaged food for infants and young children under the age of 36 months are properly labelled to reflect the values of important nutrients, and as far as infant formula is concerned, it must be nutritionally adequate, so as to protect the health of infants and young children under the age of 36 months.
"When formulating details of the regulation, the Government has made primary reference to the principles adopted by the Codex Alimentarius Commission (Codex) and relevant international practices, as well as the local market and consumption situation. This will ensure that our legislative proposals pay due regard to international standards and local situation."
On nutrition labelling, the existing Food and Drugs (Composition and Labelling) Regulations stipulate that content including energy value, seven core nutrients and claimed nutrients are required to be listed on the nutrition label. However, the requirement does not cover formula products and prepackaged food for infants and young children under the age of 36 months. Codex has established different standards for these foods.
The Government proposes to mandate the labelling of energy value and 29 nutrients (1+29) for infant formula and the labelling of energy value and 25 nutrients (1+25) for follow-up formula, following the relevant Codex standards.
For prepackaged food for infants and young children, the labelling of energy value and four nutrients, namely protein, fat, carbohydrates and sodium (1+4), as well as vitamin A and vitamin D (if they are added to the food) will be required.
Regarding nutritional composition, the Government mandates that infant formula must contain energy and 33 nutrients (1+33) in accordance with the Codex standards. The level of energy and each nutrient must fall within the range specified in the relevant Codex standards. Also, certain nutrients must follow the relevant proportion requirements.
In addition to the 33 nutrients, the Government proposes to require infant formula composed of taurine and docosahexaenoic acid (DHA) to follow the relevant Codex standards in terms of maximum value and proportion respectively due to the extensive use of these two substances in infant formula available in the Hong Kong market. Since an excessive intake of fluoride may increase the risk of dental fluorosis, the Government will also require infant formula to be labelled with a statement associated with dental fluorosis, if the fluoride content of the product exceeds the level stipulated in the corresponding Codex standard.
The Amendment Regulation exempts formula for special medical purposes for infants and young children (FSMP) from the nutritional composition and nutrition labelling requirements, provided that such products are specifically labelled in accordance with the Regulation. FSMP are formula products specially manufactured to meet the special nutrition requirements or dietary management need of infants and young children with specific disorders, diseases or medical conditions. Formulation of these products is varied to fit different medical purposes arising from diseases, disorders or medical conditions.
"We do not consider that such an exemption will compromise the safe use of FSMP, as such products are used under medical supervision and most of them are not available in the local retail market," the spokesman said.
The Government also proposes to model the Amendment Regulation on the existing Nutrition Labelling Scheme to exempt products with a small package size from the nutrition labelling requirements.
"To allow sufficient time for the trade to prepare for the changes and for the necessary laboratory equipment and techniques on the testing of the relevant nutrients to be in place in Hong Kong, we suggest introducing a grace period of two years for follow-up formula and prepackaged food for infants and young children. Meanwhile, given infant formula is the sole source of nutrition for infants, a shorter grace period of 18 months is therefore proposed for infant formula for protection of infants' health," the spokesman said.
"Anyone in breach of the Amendment Regulation following its implementation will be liable to the maximum penalty of a fine of $50,000 and six months' imprisonment," he added.
The Amendment Regulation will be tabled at the Legislative Council on June 18 for negative vetting.
Ends/Friday, June 13, 2014
Issued at HKT 16:59
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