Mary Upton (Dublin South Central, Labour)
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Question 278: To ask the Minister for Health and Children her views on the Food Supplements Directive and whether this may limit the access to vitamins which have proven effective in improving health and maintaining well being; and if she will make a statement on the matter. [4211/09]

Mary Wallace (Meath East, Fianna Fail)
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The Food Supplements Directive, 2002/46/EC, has been transposed into Irish law by Statutory Instrument No. 506 of 2007. That legislation is implemented by the Health Service Executive, under a Service Contract Agreement with the Food Safety Authority of Ireland (FSAI). This ensures that consumers in Ireland are protected by the harmonised EU rules on the sale of food supplements, in particular the labelling of food supplements and chemical form of vitamins and minerals they contain. One of the objectives of the Food Supplements Directive (2002/46/EC) was to make provision for the European Commission to determine maximum and minimum levels of vitamins and minerals in food supplements. This matter remains under consideration at European Commission level.

The European Commission published a Discussion Paper on determining maximum and minimum levels of vitamins and minerals in June 2006. The Irish response to this Discussion Paper gave Ireland's view that the Commission should proceed on a cautious basis, setting maximum limits for as many vitamins and minerals as possible. It was considered vital that the safety of the general population and the needs of particular subgroups such as pregnant women, children, older people, those on medications and various specialist diets be taken into account in formulating the position on this issue. A working document on the setting of maximum and minimum levels for vitamins and minerals in food supplements was drawn up as a result of the responses from industry, consumer groups and national governments to the Discussion Paper. The Commission has proposed in the working document that in the case of certain nutrients where studies have indicated there is evidence of no, or low, toxicity even at high level dosage, that it may be possible to waive the setting of maximum levels. The Commission consider this a proportionate approach which is in line with the principle of Better Regulation.

While the Irish position remains one of precaution for the reasons set out above, we will take account of Irish consumers' views and those of industry in adopting a position during those discussions. In this regard the Food Safety Authority of Ireland (FSAI) Consultative Council hosted an open meeting on 27 January 2009 to discuss the issues relating to food supplements. This meeting was attended by a cross section of stakeholders and outlined details of new developments in European legislation, which regulates food supplements and food fortification. The meeting outlined the rationale behind proposed EU regulations to safeguard consumer health in relation to food supplements and an insight into why consumers take food supplements and their understanding of the perceived health benefits.

Officials from both my Department and the FSAI are involved in ongoing discussions at European level on the development of a methodology under which maximum safe levels for vitamins and minerals in food supplements will be set. Those discussions will permit the European Commission and Member States to further develop its thinking on this issue and our final position will be based on these discussions and on the scientific evidence presented to Member States during the discussions.