Product Development and Related Activities

1
Product Development and Related Activities

• The Legal Aspects

2
Session aims

• To provide an overview of the legal requirements
  which must be considered in the packaging of new
  food products and
• To consider in detail the legal controls in
  nutrition and health food claims.

3
General Food Law

• Food Safety Act 1990
• Trade Descriptions Act 1968
• Weights and Measures Act 1985
• Food (Lot Marking) Regulations 1996

4
Food Labelling Regulations 1996

• For 20yrs (1979-1999) Council Directive
  79/112/EEC was the principal food labelling
  legislation of the EU (labelling, presentation
  and advertising)
• In 2000 it and its amendments were consolidated
  into Directive 2000/13/EC

5
Key principles

• To contribute to the smooth functioning of the
  internal market by removing impediments to free
  circulation of products and equal conditions of
  competition
• To inform and protect the consumer
• To prohibit the use of information that might
  mislead the purchaser i.e. all foodstuffs must,
  unless exempted, carry labelling that contains
  certain minimum information and
• Any additional information given either voluntary
  by the supplier of food or in response to
  specific rules laid down by the EU or by the
  member states should not mislead the purchaser.

6
The main requirements for pre-packed foods

• EUs directive 2000/13/EU applies to ALL
  foodstuffs delivered to the consumer, whether at
  the retail stage or in catering establishments.
• There are 2 general rules
• Labelling, presentation and advertising should
  not mislead the purchaser
• Labelling should not carry any medicinal claim
  i.e. a statement that it has the property of
  preventing, treating or curing a human disease or
  a statement with any reference to such properties

7
The directive insists on the following
information

• The name of the food
• List of ingredients
• Quantity of certain ingredients
• The net quantity
• Date of minimum durability
• Any special storage conditions or conditions of
  use
• Name and address of the manufacturer, packager or
  seller
• Place of origin, if omission of such information
  would mislead
• Any necessary instructions for use
• Alcoholic strength by volume for beverages
  containing more than 1.2 by volume

8
Name of food

• If the name of food is laid down in EU
  legislation it must be used. Failing that the
  name prescribed in the member state where the
  product is marketed must be followed.
• If there is no name, the supplier must use a
  customary name or description that is clear
  enough to convey to the purchaser its true
  nature.
• If a food has been treated or its physical
  condition has been changed e.g. dried,
  concentrated, pasteurised, sterilised, frozen it
  must be indicated if omission of such information
  would confuse.

9
List of ingredients

• An ingredient is Any substance that is used in
  the manufacture or preparation of the food and is
  still present in the finished product
• This includes additives but NOT those used as
  processing aids, solvents or media for other
  additives or flavourings nor those that may be
  present in the final product but serve no
  technological function in it
• Ingredients must be listed in descending order of
  weight at the mixing-bowl stage (unless if less
  than 2 of the finished product)
• Specific names must be given

10
Quantitative ingredient declaration (QUID)

• Quid rules
• All ingredients that appear in the legal name or
  label, or which are essential to characterise a
  food and to distinguish it from other products
  which it may be confused, should be quantified
• Ham and mushroom pizza
• Vegetable pasty
• Lancashire hot pot
• Chilli con carne
• Strawberry yoghurt
• Summer pudding
• Pork sausage
• Salmon Mousse

11

• Exemptions
• ingredients used in small quantities for the
  purpose of flavouring
• mixtures of fruit, herbs and spices that do not
  have to be separately identified
• ingredients that while appearing in the name of a
  food are NOT judged to influence consumer choice
  e.g. cream crackers.
• Constituents naturally present in foods which
  have not been added as ingredients e.g. caffeine
  in coffee

12

• Any product that provides a drained and net
  weight on the label is exempt as it can be
  calculated by weight indications given e.g Single
  fruit or vegetable in water/juice tuna in oil
• Quantity must be shown as a (relating to the
  mixing bowl, not the finished product) and appear
  next to the name of the food or name of
  ingredient in ingredients list.

13

• Net quantity
• metric units of weight
• ml/L
• g/Kg.

14
Minimum durability

• Best-before date at which the foodstuff
  retains its specific properties when properly
  stored (day/month/year). Alternatively the
  following are possible
• only the day/month if the date is within 3
  months, or
• 'best before end' and month/year if the date is
  from 3 to 18 months, or
• 'best before end' and month/year or year if date
  is more than 18 months.
• Use-by date foodstuffs which are
  microbiologically highly perishable
• (day/month or day/month/year)

15

• Any food which 'from a microbiological point of
  view, is highly perishable and in consequence
  likely after a short period of time to constitute
  an immediate danger to human health' is required
  to have a 'Use By' date.
• Most chilled foods come into this category.
• 'Cheese and Tomato Quiche'
•                                         

16
Exemptions

• The following foods are exempted from stating an
  appropriate durability indication
• fresh fruit and vegetables (including potatoes
  but not including sprouting seeds, legume sprouts
  and similar products) which have not been peeled
  or cut into pieces
• wine, liqueur wine, sparkling wine, aromatised
  wine and any similar drink obtained from fruit
  other than grapes and certain other drinks made
  from grapes or grape musts
• any drink with an alcoholic strength by volume of
  10 or more

17

• any soft drink, fruit juice or fruit nectar or
  alcoholic drink sold in a container of more than
  5l (intended for catering)
• flour confectionery and bread normally consumed
  within 24 hours of preparation
• vinegar
• cooking and table salt
• solid sugar and products consisting almost solely
  of flavoured or coloured sugars
• chewing gums and similar products
• edible ices in individual portions

18

• Special storage conditions or conditions of use
• If the consumer needs to observe certain
  practices once the packaging of a food has been
  opened e.g. once opened keep refrigerated and
  consume within 3 days
• If certain practices need to be observed before
  consumption e.g. shake well before use
• If various options are available (e.g. suitable
  for home freezing) or
• If foods are not appropriate or suitable for use
  in certain circumstances (e.g. not suitable for
  frying, freezing etc).

19

• Name and address of manufacturer, packager or
  seller
• contact address for customer (in case of
  complaint or query)
• Instructions for use
• cooking or re-heating
• Easy to follow
• MAFF microwave labels
• Alcoholic strength by volume
• for beverages containing more than 1.2 by volume

20
Recent supplementary provisions

• packaged in a protective atmosphere on food
  whose shelf-life has been extended by means of
  packaging gases
• Mention of sweeteners both in the ingredients
  list and in the name of the food
• Aspartame source of phenylalanine

21
Allergens- The Food Labelling (Amendment No. 2)
Regulations (NI) 2004 in operation from 25th
Nov 2005)

• - Any allergens that are present have to be
  stated
• Cereals containing gluten
• Crustaceans
• Eggs
• Fish
• Peanuts
• Soya beans
• Milk
• Nuts
• Celery
• Mustard
• Sesame seeds
• Sulphur dioxide and sulphites at levels above
  10mg/kg or 10mg/L

22
Manner of marking and labelling

• No regulations on size or types of letters to be
  used
• Must be easy to understand, easily visible,
  clearly legible and indelible
• Name, net quantity, date mark and alcoholic
  strength must be in the same field of vision

23
Suggestions for labelling

• Font size ensure its large enough
• Font colour avoid read and green or green and
  blue combinations
• Contrast- Many people with sight problems can see
  small print, even very small print if there is
  good contrast between the background and
  foreground.

24
Nutritional Information

• Increasing interest between diet and health has
  led to a sharper focus on the nutritional aspects
  of the food supply.
• Interest in nutrition in respect to total diet
  and individual foods is the 2nd concern to
  consumers, 1st is food hygiene.

25

• Nutritional information governs food choice
• At point of purchase food label provides
  information that enables consumer to make a
  choice between products
• If diet and health are important to the consumer
  then provision of nutritional info on the pack
  may be a deciding factor between purchasing a
  product

26

• Issues manufacturers need to consider in
• deciding whether or not to include nutritional
• information
• Is it required by legislation/ what are the
  regulatory requirements?
• Can I conform with these?
• Will it be helpful to my customer / do they
  require the info?
• Are my competitors providing nutritional info
• Will it give me an advantage over my competition?
• Is there space on the label?

27
Two important points should be borne in mind

• The provision of nutritional information is
  voluntary unless a claim is made
• Approx 80 of prepared foods manufactured in the
  UK carry nutritional labelling (so not to do so
  is the exception rather than the rule)

28
Nutrition Labelling Directive (90/496/EEC)

• Means of providing consumers with information
  about the nutrient content of the foods they were
  choosing in a standardised format recognisable
  across the EU thereby also promoting freedom of
  movement of goods in the single market.
• Philosophy behind - growing recognition of the
  link between diet and health and the need to
  encourage consumers to make an informed choice
  about the foods they consume.
• Info needs to be simple and easily understood
  with a standardised format to allow comparison
  between products.

29
Provisions of the current legislation

• Format currently voluntary unless a claim is
  made e.g. reduced fat.
• If given must be in one of two formats
• Group 1 the Big 4 en, p, cho, f (in that
  order)
• Group 2 the Big 4 plus little 4 en, p, cho,
  sugars, f, saturates, fibre, sodium (in that
  order)

30

• Quantities must be given /100g or /100ml or /100g
  or /100ml plus per serving
• Info must be given in one place, in tabular form,
  with the numbers aligned if space permits
• Declarations may also be made in respect of vits
  and minerals but must be present in significant
  values 15 of RDA supplied / 100g or /100ml or
  /packet if packet is only 1 serving)

31
Vits and minerals currently listed and their
RDAs

• Vit/mineral RDA Vit/Mineral RDA
• Vit A 800µg Vit B12 1 µg
• Vit D 5 µg Biotin 0.15mg
• Vit E 10mg Pantothenic 6mg
• Vit C 60mg Calcium 800mg
• Thiamin 1.4mg Phosphorus 800mg
• Riboflavin 1.6mg Iron 14mg
• Niacin 18mg Magnesium 300mg
• Vitamin B6 2mg Zinc 15mg
• Folacin 200 µg Iodine 150 µg

32

• A declaration may also be made for
• Starch
• Polyols
• Mono-unsaturates
• Polyunsaturates
• Cholesterol Saturates

33
Calculation of en values

• The directive specifies if en is stated they must
  be calculated by the following conversion
  factors
• CHO (except polyols) 4Kcal/g 17kJ/g
• Polyols 2.4/g 10/g
• Protein 4/g 17/g
• Fat 9/g 37/g
• Alcohol (ethanol) 7/g 29/g
• Organic acid 3/g 13/g

34
Directive also defines average value as composn
of foods is subject to nutritional variation due
to

• For crops
• variations in cultivator
• weather
• growing location
• conditions and practices
• For animal derived materials
• breed
• seasonality
• rearing conditions
• practices

35

• average value means the value which best
  represents the amount of the nutrient which a
  given food contains
• reflects allowances for seasonal variability,
  patterns of consumption and other factors which
  may cause the actual value to vary
• In the UK typical is preferred to average and
  is generally more used

36
Declared values are based on

• the manufacturers analysis of the food
• a calculation from the known or actual values of
  the ingredients used
• a calculation from generally established and
  accepted data e.g. McCance and Widdowson
• The amounts declared must be for the food as
  sold. However, where appropriate they may relate
  to the foodstuff after preparation, provided
  sufficient info for preparation is given e.g. in
  5g oil or after grilling

37
Nutrient Claims

• Info must be given if a claim is made e.g. low
  in fat.
• Group 1 info must be given
• Very often Group 2 info is given but this would
  only be compulsory if a claim was made for one of
  the little 4 e.g. low in saturated fat

38

• A nutrition claim has been defined as
• any representation and any advertising message
  which states, suggests, or implies that a
  foodstuff has particular nutrition properties due
  to the energy it
• provides
• provides at a reduced or increased rate or
• does not provide
• and / or due to the nutrients it
• contains
• contains in reduced or increased proportions or
• does not contain

39

• Only generic advertising is excluded from this
  e.g. producer decided to launch a campaign to
  persuade people to eat more green leafy veg and
  claimed that green veg are low in fat, he/she
  would not have to include the nutrition info
  alongside his/her images of leafy greens.
• UKs implementation of the Nutrition Labelling
  Directive is via the Food Labelling Regulations
  1996 (as amended)

40
Claims

• Low energy no more than 167kJ(40kcal)/100g or
  100ml
• Low Fat no more than 3g/100g for solids or
  /100ml for liquids
• Fat Free no more than 0.15g/100g or 100ml
• Low saturates no more than 1.5g/100g and lt 10
  of total energy
• Saturates free - lt 0.1g/100g or 100ml
• Low sugar no more than 5g/100g or 100ml
• Sugar free no more than 0.2g/100g or 100ml

41
Claims

• Low salt/sodium no more than 40mg sodium/100g
  or 100ml
• Salt free no more than 5mg sodium /100g or
  100ml
• Increased fibre at least 25 more than a
  similar food for which no claim is made or at
  least 3g in the reasonable daily intake of a food
• High fibre at least 6g/100g or 100ml or at
  least 6g in the reasonable expected daily intake
  of the foods

42
Consumer Expectations

• Although nutrition labelling alone cannot educate
  the consumer to select a healthy balanced diet -
  it should provide the cornerstone of any
  nutrition education policy
• Research has shown that relatively few consumers
  actually read the nutrition info provided, and
  even fewer understand it
• However, consumer organisations clamour for more
  and more info to be provided.

43

• The view of food manufacturers is that it is not
  always possible to meet the expectations of
  consumers, either because they are not justified
  or because they are not feasible e.g. packet
  sizes vary.
• Also cost implications in providing nutrition
  info from analytical testing to packaging design
  and manufacturers may not feel costs are
  justified against the likely level of interest
  and consumer benefits in providing such info.

44
Circumstances in which nutrition info panels are
used

• when buying food not bought very often or never
  bought before
• when comparing two different makes or types of
  the same product
• when checking the nutrition claims made on the
  front of the pack
• When on a calorie/fat restricted diet
• When checking for food allergens

45
Identified problems with nutritional labelling

• poor layout e.g. crammed together, jumbled,
  cluttered etc.
• difficult to read / indistinct / small print
• not tabulated
• hard to pick out a particular piece of info
• concept of Kilojoules
• many consumers have little knowledge of how much
  energy (in terms of kcal or kJ) they need per day
• the terms carbohydrate, saturates and sodium

46
Consumer Recommendations

• Additional on-pack info needs to be provided.
  Info should be illustrated independently of the
  nutrition panel in a separate box e.g. per
  serving (A cup) - 67 calories, 3.9g fat
• column order in the nutrition info panel should
  be changed so that per serving info comes
  before the per 100g info
• consumer education programme is required to
  improve consumer understanding about saturates
  and their role in the diet. Companies are
  recommended to use Group 2 nutrient info.
• Legibility - need to assist consumers to read the
  info provided.

47

• format - greater flexibility with Group 2 info
  would encourage more manufacturers to provide it.
  Where label space is at a premium, lists of
  ingredients with 0 against them appears to be a
  waste. So if the figure for the Big 4 is 0, the
  inclusion of the Little 4 appears superfluous
• e.g. Fat 0
• of which saturates 0

48

• Review of the definitions of several of the
  nutrients
• e.g CHO encompasses substances such as
  polydextrose but polydextrose is only partially
  metabolisable and also demonstrates fibre-type
  properties so energy conversion factor (4kcal/g)
  is far in excess of the known 1kcal/g it
  provides.
• Fat replacers e.g. olestra although lipids they
  are not metabolisable. However, would be
  converted using factor 9kcal/g

49
Simplification and flexibility

• Info should be simple and easily understood e.g.
  highlighting, removing unnecessary clutter
• flexibility to respond to consumers requests for
  additional info which often occur on a short-term
  basis following media focus e.g. Sudan 1
• Use of symbols to denote both macro- and
  micronutrients would overcome language problems.
• Simplification of vitamin and mineral
  declarations - common names e.g. folic acid
  rather than folacin, vit B1 instead of thiamin.

50
Voluntary or Mandatory?

• No info comes without a price or trade off.
• Consider the amount of compulsory labelling on
  any food product e.g. name, ingredients, use-by
  date etc.
• info overload can be off-putting
• cost of providing the info e.g. analysis, label
  design and repeating procedure whenever a change
  in the product is made
• finding space may require new packaging design.

51

• Although most people could agree that products
  that contribute a major source of daily food
  intake might usefully provide nutrition info,
  what about those products eaten only
  occasionally
• as a special treat
• or used in small amounts e.g. cake decorations
• or only as an accompaniment e.g condiments,
• food eaten outside of the home e.g. restaurants
  providing info
• or foods sold over the counter.

52
What are the supermarkets doing?

• Sainsburys - wheel of health food labels on the
  front of packs
• The aim is to show, at a glance, how much fat,
  saturated fat, calories, salt and sugar is in
  each serving - green indicates foods that can be
  eaten plentifully amber in moderation and red
  sparingly.
• On the back of the pack you'll also find how
  these amounts compare with men's and womens
  average RDG for healthy eating, as well as all
  other nutritional information such as fibre,
  vitamins and minerals.

53

• Salt/Sodium - Nutritional food labels usually
  show the amount of sodium in food, but Sainsburys
  now show the amount of salt as well

54
5-a-day logo

• On fruit and vegetable labels indicates the
  number of fruit or veg portions a pack or serving
  contains, in accordance with official advice to
  eat at least five portions a day.
• Labels also offer advice, including handy tips on
  what counts as a portion, and why each type of
  fruit or vegetable is good for you.
• The logo is only used on products that are
  limited in fat, salt and sugar.

55
Iceland

• Fruit and veg are labelled with the Department of
  Health's '5 a Day logo
• Nutrition panels which can be found on most
  products, showing calorie, protein, carbohydrate,
  sugar, fat, saturated fat, fibre, sodium and salt
  figures

56
Asda

• 5 A day logos on the front of its packs. In the
  first instance, the logo will only be seen on
  fruit and veg that have no added sugar, fat or
  salt
• 'Great Stuff' a new range that is designed to
  help mums give their children a healthy balanced
  diet.
• Gluten, nut and milk free icons

57
MS

• Eat Well products contain no artificial
  flavourings, colours or sweeteners. They are also
  those products which are naturally healthy such
  as fruit and vegetables or that we should be
  eating more of as part of a healthy, balanced
  diet Some products within the range may also have
  one or more of the following added benefits
• Low fat - less than 5, 3, 2, 1
• High fibre
• 5-a-day
• Source of vitamins and minerals
• Omega-3

58

• You can count on usFat, calories and salt are
  controlled

59
Conclusion

• Consumer information and consumer education are
  NOT the same thing.
• Primary purpose of the label is to INFORM the
  consumer NOT to educate but information is little
  or no use without some pre-existing knowledge.
• Responsibility for providing this information
  lies with government, consumer and health
  organisations, media and trade.
• Lead really needs to come from government e.g.
  food standards agency which has responsibility
  for food labelling and consumer information.

60

• If the provision of nutrition information is to
  assist consumers to choose a more healthy,
  balanced diet, they must first know what the diet
  should consist of, then how to use nutrition
  information to help achieve it.
• Consistency and simplicity in the message would
  be a good start followed by consistency and
  simplicity on the label.
• Growing use of electronic info, including
  in-store, offers opportunities not previously
  dreamt of.
• Perhaps future policy should gravitate towards
  providing only the essential info and giving
  interested consumers quick and easy access to any
  other nutrition info they may wish to know via
  another medium.

61
Future Research

• Signposting

62
Food labelling signposting concepts

• Five food labelling designs
• The aim is to provide at a glance
• information about the nutritional
• content of foods and so make it easier
• for people to make healthier choices
• The Food Standards Agency is
• currently consulting about which
• format will be developed

63
Option A Three Band System Simple Traffic
Light
Chicken wrap - AmberReady salted crisps -
RedChocolate coated cereal Red Frozen peas -
GreenProcessed cheese spread - AmberOrange
juice - Green
64
Option B Five Band system Extended Traffic
Light
Egg salad sandwich - Green/AmberCarbonated soft
drink - RedProcessed cheese - AmberCereal bar -
Amber/RedRoasted peanuts - RedPork sausages -
Amber
65
Option C Healthy logo
Wholegrain cerealRetailer healthy option
chicken ready mealDiet soft drinkDried
apricotsFat free fruit yoghurtPre-packed tuna
salad
66
Option D Key Nutrient
67
Option E GDA key nutrients