Criteria for the use of the terms Fresh, Pure, Natural etc.

We seek your views on draft advice to industry and enforcement authorities on use of these terms on food labels and in advertising.

Consumer research and public consultation have identified consumer dissatisfaction with, and distrust of, a wide range of so-called "marketing terms". These are not defined in law and, if used inappropriately, they may mislead.

When the Agency's Board discussed and agreed its Food Labelling Action Plan in September 2000, it agreed the Agency should encourage industry to adopt clear, transparent criteria for the use of potentially misleading terms like "fresh", "traditional" etc. The Board invited the Food Advisory Committee, which advises the Agency on food safety and standards issues (including labelling), to investigate how these terms were being used and advise on development of Agency guidance.

The Committee has now published its report, and draft Agency advice based on its recommendations is attached.

Your comments

We would welcome views on the attached draft criteria and all aspects of the FAC's report. Do you think there are other terms that could usefully be tackled in a similar way?

We are particularly keen to have ideas on examples to include in the guidance of valid, and inappropriate, usage of the terms covered.

There are also some specific points raised in the FAC's report on which we would like your views:

The use of "fresh" to describe fish

The FAC has recommended that raw meat must not be described as "fresh" if it has been previously frozen. In contrast, very little fish has not been frozen at some point in the chain. Current use of the term "fresh fish" to reflect its unprocessed condition, as opposed to the time elapsed after catching, is thought by the FAC to be unlikely to mislead the average consumer, but the Committee is aware there are views to the contrary.

Do you have any views on this?

The use of "freshly"

The FAC has suggested that clarification of the use of "freshly" (eg "freshly prepared", "freshly baked", "freshly picked" etc) in a variety of specific applications, particularly in relation to time periods, might be possible in the light of detailed consultation.

Do you have any views on this?

Is it possible to define fixed periods of time elapsed since manufacture / preparation for particular foods beyond which the use of "fresh" or "freshly" would be unacceptable?

The use of "natural"

There are fundamental questions surrounding the issue of genetic modification and the use of refined and other derivatives of GMOs in foods. If it is accepted that primary ingredients derived from GMOs are not to be considered "natural", it has then to be established how far down successive steps of subsequent refining and use of such derivatives this status should go.

In other words, is there a stage at which the use of such derivatives should not be prevented from using of the term "natural"?

Do you have any views on this?

The use of "traditional"

The advice here is that the ingredients and processes used should have been available, substantially unchanged, for a significant period. However, the period during which this has occurred is a matter for debate and may, to some extent, be product-specific. The FAC has suggested that the period might be of the order of 2 generations / 50 years.

Do you have any views on this?

Do the same considerations apply to the use of the term "vintage" on products other than alcoholic drinks?

Where to send your comments

I would be grateful if any comments you have could be sent to Keith Gregory by no later than 31 October.

If you can't meet this deadline but would like to submit comments, just let us know and send them in as soon as you can after this date.

Please feel free to pass this document to anyone with an interest in this issue or send us their contact details and we will arrange for copies to be sent on to them. A list of our existing consultees is available on request from Janet McKenzie. A summary of the responses received will also be published.

Telephone:
Keith Gregory 020 7276 8168
Matthew Carden 020 7276 8172
Janet McKenzie 020 7276 8147
Benedict Duncan 020 7276 8560
Kay Wolf 020 7276 8194

Fax:
020 7276 8192

E-mail addresses:
labelling@foodstandards.gsi.gov.uk
fac@foodstandards.gsi.gov.uk
kay.wolf@foodstandards.gsi.gov.uk

Publications unit:

Food Standards Agency
PO Box 369
Hayes
Middlesex
UB3 1UT

0845 606 0667 (tel)
0208 867 3225 (fax)
0845 606 0678 (minicom)

foodstandards@eclogistics.co.uk

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

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