03/09/2010

• This law can be described as modern, since healthy eating habits are incorporated within the concept of food safety, and timely, since it establishes coordination mechanisms necessary for its effective application, both on a regional level as well as in relations with the European Union.
• The law outlines for the first time a homogenous food safety information system for the exchange of data among professionals, researchers and administrations, as well one which facilitates more advanced knowledge in the field.
• It establishes the creation of a Spanish Network of Laboratories for the Official Control of Food Safety, which will strengthen vigilance in all areas relating to food
• For the first time aspects relating to the promotion of healthy eating habits and the banning of discrimination due to obesity have been introduced by law
• The food industry will have to minimise the trans fat content of their products and the sale of food and beverages which do not comply with a series of nutritional criteria will not be allowed on school premises

The Council of Ministers today approved the Food Safety and Nutrition Bill, put forward by the Ministers for Health and Social Policy, Trinidad Jiménez, and for the Environment and Rural and Marine Affairs, Elena Espinosa. This bill brings together legislation on food and nutrition with the aim of increasing public safety with regard to food.

In this way the Government is fulfilling a commitment made to the public and included in the objectives of the Food Safety Strategy 2008-2012.

The new law, which puts an end to current inconsistencies in regulations and which has widespread backing, is a modern document which not only incorporates aspects relating to food safety (pathogen and contaminant-free food products), but which also includes the promotion of healthy eating habits in the prevention of illness.

At the same time the law is timely, since although a basic framework of rules does exist on a European level through various regulations, coordination mechanisms are necessary in Spain for the effective application of these regulations in the various autonomous regions, which are responsible for the official control of foodstuffs.

FOOD SAFETY MECHANISMS

In the area of food safety, the law includes different measures, including the following:

1. The obligation of autonomous regional governments as well as the Central Administration to provide information with regard to official controls, in order to comply with European legislation. Before today this obligation did not exist, which could lead to significant delays in the transmission of information.
2. The creation of a homogenous food safety information system, coordinated by the Spanish Agency for Food Safety and Nutrition (AESAN). This new system will allow the exchange of data (risk assessment reports, analytical and scientific data, etc.) among professionals, researchers and administrations, and will facilitate the exchange of more advanced knowledge in the field.
3. The creation of a Spanish Network of Laboratories for the Official Control of Food Safety, coordinated by AESAN, which will strengthen vigilance in food safety, will improve quality control and will support research in analytical methodology in food safety, among other things.

NUTRITION

In the area of nutrition, the bill approved today deals with different aspects relating to combating obesity and the prevention of associated chronic illnesses (type II diabetes, cardiovascular disease, etc.).

Specifically, the document establishes the obligation to revise every five years the NAOS Strategy (for nutrition, physical activity and the prevention of obesity), created in 2005, in order to update and move forward with its objectives. To do this, the creation of the nutrition and obesity Observatory is planned, which will regularly analyse the nutritional situation of the population and obesity figures in Spain.

In the section on nutrition, the law also introduces for the first time the banning of discrimination due to obesity. This is especially relevant when we take into account that, according to the National Health Survey, one in two adults are obese or overweight. With regard to children and young people, 9.13% are obese and 18.48% are overweight; in short, one in four Spanish children are overweight.

FOOD COMPOSITION AND SCHOOL MEALS

With regard to food composition and school meals, the law also proposes concrete measures. Regarding trans fats, which are produced during industrial processing and which have been shown to be harmful to health (raising cholesterol levels, etc.), the document establishes the obligation of the food industry to use technologies and ingredients which minimise the content of these substances in the food chain.

To do this, the companies will have to modify processes during which foods acquire these unhealthy substances.

With regard to school meals, the law promotes a healthy choice of foods, which will be adequate to meet the nutritional needs of pupils. For this reason, the following measures are included:

• Those with responsibility for menus must be professionally accredited in diet and nutrition.
• Schools will provide detailed information on menus to parents or tutors, as well as guidelines for complementary evening meals.
• Wherever possible, there will be specially adapted school menus for pupils with food allergies and intolerances.
• The sale of food and beverages which do not comply with a series of nutritional criteria regulations will not be allowed on school premises.

ADVERTISING

Finally, the law also outlines actions in the area of food advertising. It therefore proposes the development of self-regulation systems through the signing of co-regulation agreements between economic operators and those responsible for audiovisual communications.

It also aims to establish codes of conduct for the regulation of commercial communications of food and beverages directed at the under-15s. In this way it plans to raise the age of the current PAOS Code, established in 2005 by AESAN and the Federation of Food and Drink Industries for the self-regulation of advertising, from 12 to 14.

This Code, which has been signed by 36 companies (representing 94.29% of expenditure on food and drink advertising aimed at children), states, among other things, that advertisers must not use famous people, real or fictitious, who might have an influence over children.