Food Law News - UK - 2024

DEFRA Consultation, 17 January 2024

FORTIFICATION - Consultation outcome: Amending The Bread and Flour Regulations 1998 and The Bread and Flour (Northern Ireland) Regulations 1998

Detail of outcome

Following careful consideration of responses, the UK government and devolved administrations have agreed to proceed with several of the proposed amendments to the Bread and Flour Regulations 1998, including the mandatory addition of 250 micrograms of folic acid per 100 grams non-wholemeal wheat flour.

We will notify the World Trade Organization (all UK) and the European Commission (for changes in Northern Ireland) in accordance with international obligations, with a view to making the legislative changes later in 2024.

For the previous news item on this topic, see:

• 1 September 2022 FORTIFICATION - Folic acid added to flour to prevent brain and spinal conditions in foetuses

The following is the Executive Summary from the outcome document. For the full consultation outcome, see: Summary of responses and government response

Consultation outcome: Summary of responses and government response

Executive Summary

The Bread and Flour Regulations 1998 and The Bread and Flour (Northern Ireland) Regulations 1998 primarily mandate the compulsory fortification of milled white and brown non-wholemeal wheat flour manufactured and sold in the UK.

Minimum levels are set for calcium carbonate, iron, thiamin and niacin to help protect against nutrient deficiencies within the UK population. The regulations also set labelling requirements for wholemeal bread, which must contain 100% wholemeal flour and wheat germ which must have at least 10% added processed wheat germ.

The UK government committed to review the regulations to ensure they were still fit for purpose following the UK's departure from the EU. This was to:

• ensure alignment between the Bread and Flour Regulations and overlapping pieces of food legislation
• explore exemptions to mitigate regulatory burdens
• update enforcement provisions
• improve clarity

Following a separate UK-wide public consultation in 2019, 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 (NTDs) in foetuses.

To minimise the impact of this requirement on industry this policy was co-ordinated as part of this wider review of the regulations.

The consultation covering the wider review of the regulations in 2022 sought views and further information on proposals to:

• increase the minimum level of added nutrients to non-wholemeal flour and update criteria requirements for calcium carbonate added to flour
• introduce the mandatory addition of folic acid to flour at 250 micrograms per 100 grams of non-wholemeal wheat flour
• clarify that mandatory fortification applies to flour derived from common wheat only
• exempt small-scale mills from the fortification requirements (those producing less than 500 metric tonnes per annum)
• exempt flour used as a minor ingredient in a final product (less than 10% of the final product)
• introduce the use of improvement notices to the enforcement regime

The key aim of any changes is to ensure that the regulations:

• lead to improved public health
• support UK industry
• assist enforcement authorities
• protect consumers.

Within this the policy objectives are to:

• reduce the incidence of NTD-affected pregnancies, by increasing dietary intake of folate, and blood folate concentration, in women who could become pregnant while minimising the number of people who may exceed the guidance level for dietary folic acid intake
• take account of technological developments and developments in overlapping legislation, ensuring consistency with other food standards regulations enabling understanding, compliance, and a consistent approach to enforcement
• minimise regulatory burden for business where positive public health outcomes of the policy aren't compromised
• ensure the enforcement regime is effective and proportionate

After undertaking a joint UK-wide public consultation on the proposals above, the UK government and devolved administrations have carefully considered the responses received and intend to proceed with the proposals as set out in the consultation, with the exception of the proposal to exempt flour used as a minor ingredient (less than 10% of the final product).

It was decided not to proceed with the exemption of flour used as a minor ingredient primarily due to the added complexity this would create which could have the potential to compromise the effectiveness and enforceability of the regulations. The UK government and devolved administrations continue to view the mandatory fortification of non-wholemeal wheat flour as playing an important function in improving public health by increasing the intakes of key micronutrients. The addition of folic acid to non-wholemeal wheat flour has a significant role to play in reducing the number of NTD-affected pregnancies across the UK and will have a wider positive health impact on families and the NHS.

The proposals brought forward will ensure that the regulations are fit for purpose in fulfilling the objectives listed above and implement changes in a way to minimise regulatory burdens were possible.

Further detail on the background, responses received, and the joint UK government and devolved administrations response is provided in the full document.