E Agenda Item 5f CX/FA 15/47/12 January 2015 JOINT FAO/WHO FOOD STANDARDS PROGRAMME CODEX COMMITTEE ON FOOD ADDITIVES Forty-Seventh Session Xi an, China, 23-27 March 2015 PROPOSAL FOR REVISION OF FOOD CATEGORY 01.1 MILK AND DAIRY-BASED DRINKS AND ITS SUB-CATEGORIES Prepared by an electronic Working Group (ewg) led by New Zealand with the assistance of Austria, Brazil, European Union, India, Japan, Malaysia, Mexico, Russian Federation, United States of America, ISA, CCC, ICBA, IDF, IFAC. 1. The 46 th session of the Codex Committee on Food Additives (CCFA) held in Hong Kong, China 17-21 March 2014, agreed to establish an ewg, led by New Zealand, and working in English only to: 1 Further revise the structure of food category 01.1 (Milk and dairy-based drinks) and its subcategories to resolve the issues identified regarding the correct placement of certain dairy products in the food category system; and Prepare a project document for new work, which would also include an analysis of the implications of the proposed revision on the current provisions in the GSFA. 2. Prior to commencing this work, preliminary information was sought from the International Dairy Federation (IDF) and a number of Codex Members with experience in producing recombined and reconstituted milks and other products in the proposed new food category for milk and milk products (plain), that are traded internationally. 3. The ewg considered, as a starting point, the revised food categories and descriptors presented in Figure 2 of CX/FA 14/16/11. The ewg concluded that the revised food categories should be agreed upon before a meaningful discussion of the GSFA provisions in the affected food categories can occur. However, the ewg also considered the functional classes of additives that are needed in the products that are intended to be included under the current food category 01.1 (Milk and dairy-based drinks) and its subcategories. This information will be useful in developing the proposals for additive provisions in the revised food categories as part of the new work. 4. The timeline for completion of the work on the revision is likely to be a minimum of three years after approval by the Commission. If the revision of the food categories requires a longer time, the revision of the GSFA provisions in these food categories would be delayed accordingly. All work relating to food category 01.1 and its subcategories in the GSFA are being held without further discussion until this work has been completed. Background 5. The 45 th Session of the CCFA identified inconsistencies between the descriptions of some milk categories and provisions for the use of food additives in these food categories in the General Standard for Food Additives (GSFA). The Committee noted that there are inconsistencies between the descriptions of foods covered by food category 01.1.1 (Milk and buttermilk (plain)) and its subcategories 01.1.1.1 (Milk (plain)) and 01.1.1.2 (Buttermilk (plain)) and the technologically justified use of food additives in these foods. These inconsistencies may cause problems when considering provisions for food additives that are needed for the production of reconstituted products, recombined products, and ultra-high temperature (UHT) products. 2 1 REP 14/FA, para. 77. 2 REP 13/FA, para. 77.
CX/FA 15/47/12 2 6. The General Standard for the Use of Dairy Terms (CODEX STAN 206-1999) provides the following relevant definitions: Milk is the normal mammary secretion of milking animals obtained from one or more milkings without either addition to it or extraction from it, intended for consumption as liquid milk or for further processing. Milk product is a product obtained by processing of milk, which may contain food additives, and other ingredients functionally necessary for the processing. A reconstituted milk product is a product resulting from the addition of water to the dried or concentrated form of the product in the amount necessary to re-establish the appropriate water to solids ratio. A recombined milk product is a product resulting from the combining of milkfat and milk-solids-non-fat in their preserved forms with or without the addition of water to achieve the appropriate milk product composition. 7. The principles of the food category system (FCS) are stated in Section 5 of the Preamble to the GSFA, and the food categories and their descriptors are contained in Annex B of the GSFA. The current food categories that are relevant to the current exercise are shown schematically in Figure A, below. Figure A: Current Food Categories in the GSFA Issues to be addressed 8. The issues to be addressed were identified in the discussion paper presented to the last Session (CX/FA 14/46/11) as follows: i) Conflicts between the definition of milk in the General Standard for the Use of Dairy Terms (CODEX STAN 206-1999) and the descriptor of food category 01.1.1.1 (Milk (plain)) 3. a. The definition of milk in CODEX STAN 206-1999 does not allow for extraction of ingredients from milk. However, many of the foods listed in the descriptor of food category 01.1.1.1 (Milk (plain)) are the result of the extraction of ingredients, mainly fat, from milk (i.e., skim, part-skim, and low-fat milk). If the prohibition of extraction of ingredients from milk in CODEX STAN 206-1999 is applied 3 The descriptor of food category 01.1.1.1 (Milk (plain)) reads as follows: Fluid milk obtained from milking animals (e.g. cows, sheep, goats, buffalo). Milk is usually heat-treated by pasteurization, ultra-high temperature (UHT) treatment or sterilization. Includes skim, part-skim, low-fat and whole milk.
CX/FA 15/47/12 3 to food category 01.1.1.1 (Milk (plain)), most of the foods listed in the descriptor would not be covered by this food category. b. The definition of milk in CODEX STAN 206-1999 does not allow for the use of food additives in milk. ii) The current FCS (as provided in Figure A, above) and descriptors do not address: a. Reconstituted plain milk: Reconstituted plain milk is listed in the descriptor for the parent food category 01.1.1 (Milk and buttermilk (plain)) 4, but is not covered by either of the relevant subcategories. The production of reconstituted milk first involves the extraction of water from milk, followed by reconstitution with water at a later stage. According to CODEX STAN 206-1999 milk cannot have anything extracted from or added to it. Therefore, reconstituted milk does not fit into subcategory 01.1.1.1 (Milk (plain)). Additionally, reconstituted plain milk is not buttermilk, so it would not fit into subcategory 01.1.1.2 (Buttermilk (plain)) 5. b. Recombined plain milk and other plain (non-flavoured) milk products: Under the current food category system of the GSFA, recombined plain milk and other plain (non-flavoured) milk products would fit into food category 01.1 (Milk and dairy-based drinks). However, these foods would not fit into any of the subcategories of this parent food category. i. The production of recombined plain milk involves the addition of dairy ingredients and as such this food would not meet the definition of milk in CODEX STAN 206-1999 and therefore does not fit into subcategory 01.1.1.1 (Milk (plain)). Additionally, recombined plain milk is not buttermilk, so it would not fit into subcategory 01.1.1.2 (Buttermilk (plain)). However, since recombined plain milk does not contain flavours, it also would not fit into subcategory 01.1.2 (Dairy-based drinks, flavoured and/or fermented (e.g. chocolate milk, cocoa, eggnog, drinking yoghurt, whey-based drinks)). ii. Other plain (non-flavoured) milk products such as lactose reduced milk and milk product with modified organoleptic properties would not fit into subcategory 01.1.1.1 (Milk (plain)) as they have ingredients added to or extracted from them, These products would not fit into subcategory 01.1.1.2 (Buttermilk (plain)) as they are not buttermilk, and would not fit into subcategory 01.1.2 (Dairy-based drinks, flavoured and/or fermented (e.g. chocolate milk, cocoa, eggnog, drinking yoghurt, whey-based drinks)) as they are not flavoured. 9. It should be noted that none of the products mentioned above are covered by Codex commodity standards. Principles used when considering the issues 6 i. Food categories should be aligned with dairy products currently found in international trade as much as possible. ii. iii. iv. Reconstituted milk in the GSFA should be amended to reconstituted milk, recombined milk. Food additives, where permitted, can be added to a plain product in the food categories under consideration. Vitamins and minerals that are mandatory additions in national legislation can be added to a plain milk product. v. Vitamins and minerals (that are voluntary additions) can be added to a plain milk product. vi. GSFA food categories and descriptors should not be used for labelling purposes. 7 vii. Milk may be modified and still be considered milk rather than a milk product, e.g., the modification of the amount of fat or protein (noting only the total protein can be adjusted but not altering the casein to whey ratio). 4 The descriptor of food category 01.1.1 (Milk and buttermilk (plain)) reads as follows: Includes plain fluid products only. Includes reconstituted plain milk that contains only dairy ingredients. 5 CODEX STAN 206-1999 does not define buttermilk. The descriptor for food category 01.1.1.2 (Buttermilk (plain)) defines buttermilk as the nearly milkfat-free fluid remaining from the butter-making process (i.e. the churning fermented or non-fermented milk and cream). Buttermilk is also produced by fermentation of fluid skim milk, either by spontaneous souring by the action of lactic acid-forming or aroma-forming bacteria, or by inoculation of heated milk with pure bacterial cultures (cultured buttermilk). 6 Points i v were previously presented in CX/FA 14/46/11. 7 Preamble to the GSFA (CODEX STAN 192-1995), Section 5 (Food Category System).
CX/FA 15/47/12 4 viii. The term dairy-based drinks that is used in the current food category 01.1.4 could be misinterpreted as some products could be interpreted as dairy-based drinks because they contain a dairy component, but are excluded from food category 01.1.4 because they are accommodated in other food categories based on their composition and/or use (e.g., 01.1.2, 13.4, 13.5, 14.1.4.2, and 14.1.5). With the proposed new subcategory fluid milk products with added flavouring the term dairy based drinks is no longer necessary, as the products included under the current food category 01.1.4 are more correctly described as fluid milk products with added flavouring. Proposed Food Categories 10. The 46 th Session of the CCFA agreed that the food additive descriptors needed to be revised to address the identified issues, and considered three options presented in CX/FA 14/46/11. It was agreed that the option to revise food category 01.1 (Milk and dairy-based drinks) and its subcategories to create a new subcategory for milk products (plain) (Option 3) would be more suitable, as it would also allow the issue of recombined milk to be addressed. 8 The 46 th CCFA considered two proposals for revising the relevant food categories under this option, as presented in CX/FA 14/46/11. 11. To simplify the work, the ewg considered the revised structure of the relevant food categories presented in Figure 2 of CX/FA 14/46/11 as a starting point. The initial proposal for the revised food categories (Figure B, below) is based on Figure 2. The main effects of the proposed revisions to the FCS are: (i) renumbering of several current food categories; and (ii) introducing a new food category for plain fluid milk products. Figure B is followed by the proposed revisions to the FCS in the GSFA (Annex B, Part I and Part II), and in the Annex to Table 3. The initial proposal includes a suggestion to note an exclusion for raw milk in the descriptor for food category 01.1. This recognizes the need for the descriptors to discuss all products included in CODEX STAN 206-1999, as noted by several ewg members. The exclusion of raw milk from the GSFA is supported due to there being very little trade in raw milk and that no additives are likely to be proposed for use in raw milk. 12. The initial proposal also uses the term milk products rather than milk in both the proposed food category titles and descriptors. This recognizes that the Codex definition of milk as defined in CODEX STAN 206-1999 refers only to raw milk, whereas the foods in trade and typically consumed could be considered milk products. Using the term milk products rather than milk ensures consistency with CODEX STAN 206-1999, as well as eliminates confusion that these food categories include raw milk. However, this was not discussed by the ewg. Further discussion is likely to be needed to see whether there is agreement on this point. A decision to simply refer to milk or milks could be made taking into account the GSFA Preamble section 5 b) which clarifies that the food category system is based on product descriptors of foodstuffs as marketed unless otherwise stated. Fluid milk is marketed internationally as milk and not named as a milk product. Until this is decided the word product(s) has been included in the initial proposal in square brackets in Figure B and the text as milk [products]. 8 REP 14/FA, para. 73.
CX/FA 15/47/12 5 Figure B: Initial Proposed Food Categories (Based on Figure 2 from CX/FA 14/16/11) 01.0 Dairy products and analogues, excluding products of food category 02.0 01.1 Fluid milk [products] (plain), other fluid milk [products] (plain) excluding products of food category 01.2, and buttermilk (plain), and fluid milk products with added flavouring, 01.1.1 Fluid milk [products] (plain) 01.1.2 Other fluid milk [products] (plain) 01.1.3 Buttermilk (plain) 01.1.4 Dairy-based drinks, flavoured and/or fermented Fluid milk products with added flavouring [that are fermented or non-fermented], 13. Figure B takes into account the: definitions in the General Standard for the Use of Dairy Terms (CODEX STAN 206-1999) by defining these products as milk products rather than milk ; principles of the food category system, in particular, its hierarchical nature as applied to the provisions for food additives; correct placement of certain plain milk products, recognizing that some plain milk products are already included under food category 01.2; lack of definition of the term dairy-based, by instead using the term Fluid milk products with added flavouring; and the draft discussion paper on the inconsistencies in flavouring terms in Codex (CX/FA 15/47/20). PROPOSED REVISIONS TO THE FOOD CATEGORY SYSTEM 14. To avoid confusing current and proposed food categories, new or altered food categories have added clarifying text in [square brackets]. For example, the proposed food category 01.1.2 Buttermilk (plain) is referred to as 01.1.3 Buttermilk (plain) [renumbered - currently 01.1.2]. This text in square brackets can then be deleted when the work is completed. Proposed deletions are shown in strikethrough text and additions are in bold font. PART I: Food Category System FOOD CATEGORY SYSTEM 01.0 Dairy products and analogues, excluding products of food category 02.0 01.1 Fluid milk [products] (plain), and other fluid milk [products] (plain) excluding products of food category 01.2, buttermilk (plain), and dairy-based drinks fluid milk products with added flavouring 01.1.1 Milk and buttermilk (plain) 01.1.1.1 Milk (plain) 01.1.1.2 Buttermilk (plain) 01.1.2 Dairy-based drinks, flavoured and/or fermented (e.g. chocolate milk, cocoa, eggnog, drinking yoghurt, whey-based drinks) 01.1.1 Fluid milk [products] (plain) [currently 01.1.1.1] 01.1.2 Other fluid milk [products] (plain) [new subcategory]
CX/FA 15/47/12 6 01.1.3 Buttermilk (plain) [renumbered - currently 01.1.1.2] 01.1.4 Fluid milk products with added flavouring [that are fermented or nonfermented], [currently 01.1.2] PART II: Food Category Descriptors (with ewg comment on proposed changes indented ) 01.0 Dairy products and analogues, excluding products of food category 02.0 Includes all types of dairy products that are derived from the milk of any milking animal (e.g. cow, sheep, goat, buffalo). In this category, a plain product is one that is not flavoured has no added flavouring, nor contains fruit, vegetables or other non-dairy ingredients excluding food additives, nor is mixed with other non-dairy ingredients, unless permitted by relevant standards. Analogues are products in which milk fat has been partially or wholly replaced by vegetable fats or oils. [Explanation: The ewg noted that the wording nor is mixed with other non-dairy ingredients and unless permitted by relevant standards may be interpreted to exclude all food additives in plain products covered under food category 01.0 but not subject to a Codex standard. Therefore, these words should be deleted, as the use of some food additives are technologically justified in many of the plain products covered under food category 01.0 that are not subject to a Codex standard. In addition, the only Codex standard that applies to the products covered by the parent food category 01.0 is the Codex Standard for Fermented Milks (CODEX STAN 243-2003), which does not allow flavorings or foods that impart flavor in plain products that are included under this standard. This also supports the deletion of the phrase unless permitted by relevant standards. ] 01.1 Fluid milk [products[ (plain), and other fluid milk [products] (plain) excluding products of food category 01.2, buttermilk (plain), and fluid milk products with added flavouring Includes all plain fluid milk [products] and fluid milk products with added flavouring that are based on skim, part-skim, low-fat and whole milk, excluding plain fermented products and plain renneted milk products of food category 01.2. Fluid milk products are obtained by the processing of milk, which may contain food additives, and other ingredients functionally necessary for processing. 9 Excludes raw milk ( milk as defined in CODEX STAN 206-1999). [Explanation: The exclusion of raw milk in this category is proposed to account for possible interpretation that such food would fall under this food category. Raw milk is fluid milk obtained from milking animals (e.g., cows, sheep, goats, buffalo) without either addition to it or extraction from it, intended for consumption as liquid milk or for further processing. This product corresponds to the Codex definition of milk. 10 However, all products in food category 01.1 are further processed, and may include food additives. Therefore, including raw milk in this food category is not appropriate. As raw milk is not internationally traded, there is no need to include raw milk within the GSFA. As noted earlier in the paper, fluid milk is marketed internationally as milk and not named as a milk product. Until this is decided the word product(s) has been included in the initial proposal in square brackets in Figure B and the text as milk [products] 01.1.1 Fluid milk [products] (plain) [currently 01.1.1.1] Plain fluid milk [products] obtained from milking animals (e.g., cows, sheep, goats, buffalo) that have been heat treated or separated. Includes pasteurized, ultra-high temperature (UHT) treated, or sterilized, fat and /or protein adjusted milk. plain milk, plain skim milk, plain part-skim, and plain low-fat milk. [Explanation: It must be recognized that this food category will require some food additives which are necessary for stabilization of UHT or sterilized fluid milks. The restriction of certain food additives to specific products included under this food category can be made clear through the attachment of a note to the specific provision for that food additive. ] 01.1.2 Other fluid milk [products] (plain) [proposed as new subcategory] Includes all plain fluid milk [products], excluding products of food categories 01.1.1 (Fluid milk [products] (plain)), 01.1.3 (Buttermilk (plain)), and excluding plain products of food category 01.2. Includes plain recombined milk products, plain reconstituted milk products, unflavoured vitamin and 9 General Standard for the Use of Dairy Terms (CODEX STAN 206-1999), Section 2.2. 10 General Standard for the Use of Dairy Terms (CODEX STAN 206-1999), Sections 2.1 and 4.2.1.
CX/FA 15/47/12 7 mineral fortified milk products, lactose reduced milk products, plain milk product with modified organoleptic properties and plain milk-based beverages. [Explanation: The new food category 01.1.2 specifically excludes the plain products under food category 01.2, plain fluid milk products defined in food category 01.1.1, and buttermilk (0.1.1.3). Clarification is needed on whether lactose reduced milk should be included in food category 01.1.1 (Milk (plain)), 01.1.4 (Milk products (plain)), or under 13.3 (Dietetic foods intended for special medical purposes (excluding products of food category 13.1),(preferred option) as this product is generally consumed by individuals with lactose tolerance issues. This category should include plain milk-derived products (e.g., plain dairy-based drinks that are nonconventional in the sense that they do not resemble typical milk). Plain milk product with modified organoleptic properties may be deleted as it can only refer to modified texture, mouth feel, thickness or similar, and not to aroma, taste, flavour as these are plain products. There may be a need to clarify the meaning of milk-based. Note that products in food category 01.2 are excluded in this category by the exclusion under the higher food category, 01.1.] 01.1.3 Buttermilk (plain) [renumbered - currently 01.1.1.2] Buttermilk is the nearly milkfat-free fluid remaining from the butter-making process (i.e., the churning fermented or non-fermented milk and cream). Buttermilk is also produced by fermentation of fluid skim milk, either by spontaneous souring by the action of lactic acid-forming or aroma-forming bacteria, or by inoculation of heated milk with pure bacterial cultures (cultured buttermilk). Buttermilk may be pasteurized or sterilized. 01.1.4 Fluid milk products with added flavouring [that are fermented or non-fermented], Dairy-based drinks, flavoured and/or fermented (e.g. chocolate milk, cocoa, eggnog, drinking yoghurt, whey-based drinks) [renumbered -currently 01.1.2]: Includes all ready-to-drink flavoured and aromatized milk-based fluid beverages with added flavouring and their mixes, excluding mixes for cocoa (cocoa-sugar mixtures, category 05.1.1). Examples include, but are not limited, to: hot chocolate, chocolate malt drinks, strawberry-flavoured yoghurt drink, lactic acid bacteria drinks, and lassi (liquid obtained by whipping curd from the lactic acid fermentation of milk, and mixing with sugar or synthetic sweetener). [Explanation This food category contains only products with added flavouring. While it includes flavoured and fermented products, it does not include plain fermented products ( flavoured or fermented ), which are included under food category 01.2.Therefore, the food category title should be revised accordingly. Consideration should be given to clarifying the flavoured dairybased drinks that are included in this food category and those products that contain a dairy component but are categorized elsewhere (see second bullet under Proposed Revision of Food Category 01.1 and Its Subcategories in the comments, above. It was suggested to add the words fermented or non-fermented in order to be clearer about the categorization of fluid milk products and of fermented milk drinks (these are unflavoured) (food category 01.2). However, it may be preferable to move these words into the descriptor as written in the descriptor for buttermilk (plain) The revision of the food category title and descriptor takes into account the draft discussion paper on the inconsistencies in flavouring terms in Codex (CX/FA 15/47/20.] CONSEQUENTIAL CHANGES TO THE TITLES AND/OR DESCRIPTORS OF CERTAIN FOOD CATEGORIES BASED ON THE ABOVE REVISED PROPOSAL 01.2 Fermented and renneted milk products (plain) excluding food category 01.1.2 (Dairy-based drinks) 01.1.4 (Fluid milk products with added flavouring [that are fermented or non-fermented] ) Includes all plain products based on skim, part-skim, low-fat and whole milk. Products with added flavouring are included in 01.1.2 01.1.4 (beverages) and 01.7 (desserts). 01.4 Cream (plain) and the like: Cream is a fluid dairy product, relatively high in fat content in comparison to milk. Includes all plain fluid, semi-fluid and semi-solid cream and cream analogue products. Flavoured cream products are found in 01.1.2 01.1.4 (beverages) and 01.7 (desserts).
CX/FA 15/47/12 8 01.4.3 Clotted cream (plain): Thickened, viscous cream formed from the action of milk coagulating enzymes. Includes sour cream (cream subjected to lactic acid fermentation achieved as described for buttermilk (01.1.1.2 01.1.3)). 05.1.1 Cocoa mixes (powders) and cocoa mass/cake: Includes a variety of products that are used in the manufacture of other chocolate products or in the preparation of cocoa-based beverages. Examples include: drinking chocolate powder; breakfast cocoa; cocoa dust (fines), nibs, mass, press cake; chocolate liquor; cocoa mixes (powders for preparing the hot beverage); cocoa-sugar mixture; and dry mixes for sugar-cocoa confectionery. Finished cocoa beverages and chocolate milk are included in category 01.1.2 01.1.4, and most finished chocolate products are included in category 05.1.4. 14.0 Beverages, excluding dairy products: This major category is divided into the broad categories of non-alcoholic (14.1) and alcoholic (14.2) beverages. Dairy-based beverages Fluid milk products with added flavouring [that are fermented or non-fermented] are included in 01.1.2 01.1.4. 14.1.5 Coffee, coffee substitutes, tea, herbal infusions, and other hot cereal and grain beverages, excluding cocoa: Includes the ready-to-drink products (e.g., canned), and their mixes and concentrates. Examples include: chicory-based hot beverages (postum), rice tea, mate tea, and mixes for hot coffee and tea beverages (e.g., instant coffee, powder for hot cappucino beverages). Treated coffee beans for the manufacture of coffee products are also included. Ready-to-drink cocoa is included in category 01.1.2 01.1.4, and cocoa mixes in 05.1.1. CONSEQUENTIAL REVISIONS TO THE ANNEX TO TABLE THREE 15. As a result of the proposed revisions to the FCS of the GSFA, the Annex to Table 3 of the GSFA will need to be amended to reflect the revisions to the current listing of food category 01.1.1 (Milk and buttermilk (plain) (excluding heat-treated buttermilk)) in the Annex. The following proposals are based on the revision of the relevant food categories, as indicated in Figure B, above. Amendments are in bold text and deletions are in strikethrough. Category Number Food Category ANNEX TO TABLE THREE 01.1.1 Milk and buttermilk (plain) (EXCLUDING HEAT-TREATED BUTTERMILK) 01.1.1 Fluid milk [products] (plain) [renumbered - currently 01.1.1.1] 01.1.2 Other fluid milk [products] (plain) excluding products of food category 01.2 [new subcategory] 01.1.3 Buttermilk (plain) [renumbered - currently 01.1.1.2] (EXCLUDING HEAT-TREATED BUTTERMILK) FOOD ADDITIVE PROVISIONS USING THE PROPOSED REVISED FOOD CATEGORIES 16. The ewg agreed that discussion of the individual food additive provisions was pre-mature and cannot be developed in detail until revisions to the food category system and the descriptors are completed. The ewg agreed that the revisions presented in Figure B, should serve as an initial discussion point. 17. However, there was some initial discussion by the ewg on detailed food additive provisions within the food additive categories based on the following the following approach: Food additive technological functions are proposed for the ewg to consider in food category 01.1 and each of its subcategories. Agreement is to be sought on whether these functions, or others, are technologically justified for use in products included in a particular subcategory. Acidity regulators, emulsifiers and stabilizers are justified in all subcategories, except 01.1.1 (Fluid milk [products] (plain)). This means many of the additives listed in Table 3 of the GSFA that are recommended for use in the proposed food categories 01.1.1 (Fluid milk [products] (plain)) would need to be specifically listed in Tables 1 and 2. It should be noted that the proposed food category 01.1.4 (Fluid milk products with added flavouring), is excluded from the Annex to Table 3, and, as such, does not require that Table 3 additives be specifically listed in Tables 1 and 2.
CX/FA 15/47/12 9 Additives with an acceptable daily intake (ADI) of not specified (i.e., those listed in Table 3 of the GSFA) should be listed with a maximum level of GMP, even in cases where there is a proposed numerical level in the Step process. Additives with a numerical group numerical ADI (e.g., phosphates) should be listed as a group in Tables 1 and 2 of the GSFA. However, additives that may be included in a group non-numerical ADI ( not specified ) are listed individually in Table 3 of the GSFA, and therefore, are listed individually in Tables 1 and 2 of the GSFA for those food categories listed in the Annex to Table 3. Since food categories 01.1.3 (Buttermilk (plain)) and 01.1.4 (Fluid milk products with added flavouring) are simply renumbered, the initial proposals can be based on the current adopted provisions and those in the Step process in Tables 1 and 2 of the GSFA. Since food category 01.1.4 will not be included in the Annex to Table 3, provisions for Table 3 additives in this food category can be deleted from the GSFA. 18. Initial views on food additive provisions in the proposed revised categories based on Figure B: 01.1 Fluid milk [products] (plain) and dairy-based drinks other fluid milk [products] (plain) excluding products of food category 01.2, buttermilk (plain), and fluid milk products with added flavouring No additives are proposed, and the existing provision for tocopherols (INS 307a,b,c) is proposed to be removed. Additive provisions are proposed in the appropriate subcategories. 01.1.1 Fluid milk [products] (plain) [renumbered - currently 01.1.1.1] No additives other than phosphates and sodium citrate are proposed for use in sterilised and UHT milk based on information from the 46 th CCFA. Table 3 additives may be used only if specifically listed in Tables 1 and 2. 01.1.2 Other fluid milk [products] (plain) excluding products of food category 01.2 [new subcategory] Acidity regulators, emulsifiers and stabilizers were proposed for inclusion in this category. Most of the provisions currently listed under food category 01.1.1 (Milk and buttermilk (plain)) are likely to be relevant and should be included. Table 3 additives may be used only if specifically listed in Tables 1 and 2. 01.1.3 Buttermilk (plain) [renumbered [currently 01.1.1.2] Acidity regulators, emulsifiers and stabilizers are proposed as being justified. Proposed additives may be based on those provisions that are currently adopted and in the Step process that are listed in the GSFA in the current food category 01.1 (Milk and dairy based drinks) and its subcategories 01.1.1 (Milk and buttermilk (plain)) and 01.1.1.2 (Buttermilk (plain)), and some additional provisions to ensure consistency with the proposed food category 01.1.2 (Other fluid milk [products] (plain) excluding products of food category 01.2). Table 3 additives may be used only if specifically listed in Tables 1 and 2 01.1.4 Fluid milk products with added flavouring, [that are fermented or non-fermented] [renumbered -currently 01.1.2]: Acidity regulators, emulsifiers, stabilizers, colours, sweeteners and preservatives are proposed as being justified. Proposed additives may be based on those provisions that are currently adopted and in the Step process that are listed in the current GSFA in food categories 01.1 (Milk and dairy based drinks) and its subcategory 01.1.2 (Dairy based drinks, flavoured and/or fermented), and some additional provisions to ensure consistency with the proposed food category 01.1.2 (Other fluid milk [products] (plain) excluding products of food category 01.2 ). Table 3 additives with the identified technological functions may be used. CONSEQUENTIAL CHANGES TO THE GSFA 19. The proposed revision of the milk categories presented in Figure B, above, is a starting point for discussion. Once a proposal for the revision of the affected food categories is agreed to, the consequential changes to the additive provisions in the GSFA can be considered in detail. The CCFA has, as usual practice, discontinued or revoked all provisions in the affected food categories and repopulated them
CX/FA 15/47/12 10 according to the revised categorization. 11 It is anticipated that the revision of the affected milk categories would proceed according to this practice. RECOMMENDATIONS: 20. That the Committee agrees to start new work to revise the structure of food category 01.1 (Milk and dairy-based drinks) and its subcategories to resolve the issues identified regarding the placement of dairy products in the food category that allow provisions for technologically justified additives. 21. That the Committee agrees that discussion of individual food additive provisions cannot be developed in detail until revisions to the food category system and the descriptors are completed. 22. That the Committee agrees to forward the project document for new work (Attachment 1) which includes this report attached to provide information about the initial proposal and consequential changes to the GSFA food category system. 11 REP 12/FA, para. 112.
CX/FA 15/47/12 11 PROPOSED PROJECT DOCUMENT Attachment 1 PROPOSAL FOR NEW WORK ON REVISION OF STRUCUTRE OF FOOD CATEGORY 01.1 (MILK AND DAIRY-BASED DRINKS) AND ITS SUBCATEGORIES IN THE GENERAL STANDARD FOR FOOD ADDITIVES (GSFA) 1. Purpose and scope of the proposed new work The purpose of the proposed new work is to: First, revise the food categories and descriptors of food category 01.1 (Milk and dairy-based drinks) and its subcategories; and Second, prepare recommendations for appropriate food additive provisions using a horizontal approach to the use of emulsifiers, stabilizers and thickeners in these categories where possible. An initial proposal for the revision of the food categories and descriptors was developed (CX/FA 14/46/11), and would serve as the basis for the new work. [The paper presented to the 47 th Session of CCFA ( attached) further develops the initial proposal and provides information on proposed revisions and consequential changes to the GSFA food category system.] 2. Its relevance and timeliness The 45 th Session of the Codex Committee on Food Additives (CCFA) identified inconsistencies between the descriptions of some of the milk categories and the provisions in the General Standard for Food Additives (GSFA) for the use of food additives in these categories. In addition, the General Standard for the Use of Dairy Terms (CODEX STAN 206-1999) provides definitions for some of the products that are included in the milk categories that are not appropriately reflected in the current food category descriptors. Therefore, food category 01.1 and its subcategories should be revised to correct these inconsistencies. The revision of food category 01.1 and its subcategories will have a consequential impact on work on the GSFA. CCFA would not be able to discuss new or existing food additive provisions in these food categories until the issue is resolved. This could create unintentional trade barriers. 3. Main aspects to be covered (i) Revise the structure and descriptors of food category 01.1 (Milk and dairy-based drinks) and its subcategories. Consider the current food categories 01.1.1 (Milk and buttermilk (plain)), 01.1.1.1 (Milk (plain)), 01.1.1.2 (Buttermilk (plain)) and 01.1.2 (Dairy-based drinks, flavoured and/or fermented (e.g., chocolate milk, cocoa, eggnog, drinking yoghurt, whey-based drink)) with respect to the technologically justified use of food additives in these foods, where applicable, and taking into account the definitions in the General Standard for the Use of Dairy Terms (CODEX STAN 206-1999) ; (ii) Prepare recommendations to address categories and descriptors that do not allow the use of additives in foods where the use of additives in such foods are technologically justified; and (iii) Prepare recommendations on the horizontal approach to the use of emulsifiers, stabilizers and thickeners in these food categories. 4. An assessment against the Criteria for the Establishment of Work priorities General criterion - Consumer protection from the point of view of health, food safety, ensuring fair practices in the food trade and taking into account the identified needs of developing countries: The proposed work will improve the GSFA and eliminate the current inconsistencies that can lead to misinterpretation of the food categories and food additive provisions. It will also align terms regarding milk products within Codex (i.e., CODEX STAN 206-1999). Criteria applicable to general subjects The proposal is consistent with the criteria applicable to general subjects: (a) Diversification of national legislations and apparent resultant or potential impediments to international trade. None identified.
CX/FA 15/47/12 12 (b) Scope of work and establishment of priorities between the various sections of the work. All parts of the new work are of high priority. However, the revision of the relevant milk categories and their descriptors needs to be accomplished before revising the GSFA to align the food additive provisions with the revised food categories. Progress on the adoption of food additive provisions in the relevant milk categories cannot be undertaken until the revision of the relevant food categories is completed. (c) Work already undertaken by other international organizations in this field and/or suggested by the relevant international intergovernmental body(ies). None identified. (d) Amenability of the subject of the proposal to standardization. None identified. The food categories that are proposed for revision and the relevant food additive provisions that would be consequentially affected are already part of a Codex Standard (GSFA; CODEX STAN 192-1995). (e) Consideration of the global magnitude of the problem or issue. Currently, there are inconsistencies between the descriptions of some of the milk categories and the provisions in the GSFA for the use of food additives in these categories. In addition, the General Standard for the Use of Dairy Terms (CODEX STAN 206-1999) provides definitions for some of the products that are included in the milk categories that are not appropriately reflected in the current food category descriptors. These inconsistencies can result in misinterpretation of the GSFA. Additionally, the revision of the relevant food categories will have a consequential impact on the work on the GSFA. CCFA would not be able to discuss new or existing food additive provisions in these food categories until the issue is resolved. This could create unintentional trade barriers. 5. Relevance to codex strategic objectives The proposal for new work is related to the following strategic goals in the Codex Alimentarius Commission Strategic Plan 2014 2019 (http://www.codexalimentarius.org/procedures-strategies/strategic-planning/en/; ftp://ftp.fao.org/codex/publications/strategicframe/strategic_plan_2014_2019_en.pdf): Goal 1 (Establish international food standards that address current and emerging food issues), specifically Objective 1.1 (Establish new and review existing Codex standards, based on priorities of the CAC); and Goal 2 (Ensure the application of risk analysis principles in the development of Codex standards), specifically Objective 2.1 (Ensure consistent use of risk analysis principles and scientific advice. 6. Information on the relation between the proposal and other existing Codex documents The following documents are relevant and will be taken into account: General Standard for Food Additives (GSFA; CODEX STAN 192-1995); Codex Procedural Manual (22 nd Ed.); and General Standard for the Use of Dairy Terms (CODEX STAN 206-1999). 7. Identification of any requirement for and availability of expert scientific advice None identified. 8. Identification of any need for technical input to the standard from external bodies so that this can be planned for None identified. However if technical input is needed the International Dairy Federation (IDF), a Codex Observer, has the necessary expertise in the area of dairy products. 9. The proposed timeline for completion of the new work The proposed timeline for completing of the work on the revision is a minimum of three years, after approval by the Commission. If the new work is approved in 2015, the revision of the relevant food categories could be completed as early as 2016. The CCFA could then undertake the revision of the relevant GSFA food additive provisions, with recommendations forwarded for adoption or other action by the Commission in 2017, with completion anticipated in 2 years (2018). If the revision of the food categories requires a longer time, the revision of the GSFA provisions in these food categories would be delayed accordingly