The UK Government and devolved administrations are seeking views on proposals to update and amend The Bread and Flour Regulations 1998 and The Bread and Flour Regulations (Northern Ireland) 1998 which cover specific rules on the labelling and composition of bread and flour. The regulations primarily mandate the compulsory fortification of milled white and brown non-wholemeal wheat flour that are manufactured and sold in the UK for public health reasons with added calcium, iron, thiamin and niacin to protect against nutrient deficiencies within the UK population.
Calls for a review into the regulations arose due to the legislative changes which were made following the UK’s departure from the EU.[1] Requests for a review were largely due to a disparity between the Bread and Flour Regulations and other pieces of food legislation on the levels and specifications of vitamins and minerals added to foods. While we have set out to ensure the Bread and Flour Regulations are consistent with other food standards legislation, we have also committed to reviewing a range of other issues regarding some of the provisions of the regulations which have been raised by stakeholders. The proposals included in this consultation look at ways to ensure that the regulations lead to improved public health, support UK industry, assist enforcement authorities and protect consumers.
Following a UK-wide public consultation, the UK Government and devolved administrations announced in September 2021 their intention to proceed with arrangements to require the mandatory fortification of non-wholemeal wheat flour with folic acid to help prevent neural tube defects in foetuses. To minimise the impact of this requirement on industry, where possible, multiple changes should be incorporated under one set of amendments. Thus, the addition of folic acid to the list of nutrients which must be added to non-wholemeal wheat flour is being co-ordinated as part of this wider review of the regulations.
Over 99% of British households buy bread and one quarter of all groceries in the four biggest UK supermarkets contain flour. Hence, the proposals to amend the legislation will impact a wide range of stakeholders including flour millers, food manufacturers, wholesalers, retailers, importers, food enforcement authorities, and the majority of consumers within the UK. We would like to hear from anyone with an interest.
The Department for Environment, Food and Rural Affairs (Defra) alongside the Food Standards Agency in Northern Ireland, Food Standards Agency in Wales (FSA) and Food Standards Scotland (FSS) have agreed to work on this review together under the Food Compositional Standards and Labelling provisional common framework in efforts to align UK policy as far as possible. This consultation is also being held in conjunction with the Department of Health and Social Care (DHSC), Welsh Government, Scottish Government and Department of Health Northern Ireland who have responsibility for matters of public health. The addition of folic acid to flour will be considered by officials from across the UK under the Nutrition Labelling and Composition Standards (NLCS) framework as the addition of vitamins and minerals to food fall in scope of this framework.
[1] The Food (Amendment and Transitional Provisions) (England) Regulations 2021; The Food (Withdrawal of Recognition) (Miscellaneous Amendments) (Scotland) Regulations 2021; The Food (Withdrawal of Recognition) (Miscellaneous Amendments and Transitional Provisions) (Wales) (EU Exit) Regulations 2022; ended the mutual recognition arrangements for flour from EU/EEA member states, meaning wheat flour imported from the EU and EEA to GB will need to comply with Bread and Flour Regulations fortification requirements from October 2022. Under the terms of the Protocol on Ireland/Northern Ireland, mutual recognition continues to apply to flour imported from EU member states into Northern Ireland meaning flour imported from EU member states to Northern Ireland is exempt from the requirements of the Bread and Flour Regulations. At the same time changes were made to allow the sale of unfortified flour for export or use in a product destined for export.
Consultation on changes to food law in the UK is required by both The Food Saftey Act 1990 retained EU food law Regulation (EC) 178/2002 and EU food law Regulation (EC) 178/2002 as applied in Northern Ireland. We are seeking views on policy options presented in this consultation which have been developed following discussions with a range of relevant stakeholders.
The purpose of the consultation is to ensure that the Bread and Flour Regulations are fit for purpose and support UK industry, while protecting consumers.
The objectives of the consultation are to:
The consultation has been split into five areas which the proposals aim to address:
The consultation offers stakeholders a chance to share their preferences and views on the policy options presented. This consultation is expected to be of interest to millers, food manufacturers, enforcement authorities, consumers, consumer groups as well as health professionals and public bodies. We are also seeking additional information to further our assessment of the impacts of policy options, ensuring proposals brought forward are suitable for meeting the policy objectives and check against potential unintended consequences. Responses to the consultation will be used to help refine proposals and inform policy decisions on how the UK government and devolved administrations proceed with any subsequent legislative changes.
We will be carefully reviewing all responses to the consultation taking into account views expressed, as well as any additional information provided which will be used to further refine proposals and inform the impact assessment. A summary of responses is due to be published on the gov.uk website within 12 weeks of the consultation closure.
Following the consultation relevant Ministers from each of the (devolved) governments will make the final decision on any legislative changes, taking into account responses received.
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