Draft guidance on the use of the terms 'vegetarian' and 'vegan' in food labelling

It should be noted that the guidance proposed is not mandatory or legally binding but contains criteria for the use of the terms �vegetarian� and �vegan�. The guidance document will not have legal force but could be used in enforcement proceedings to aid interpretation.

The key proposals are to introduce advisory criteria for the use of the terms �vegetarian� and �vegan� in food labelling.

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.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. Responses will be open to public access upon request. The FSA will also publish a summary of responses, which may include personal data, such as your full name and contact address details. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

The Food Standards Agency recognises that there is a degree of consumer mistrust of the use of the terms �vegetarian� and �vegan� in food labelling. Both the British Nutrition Foundation and the National Consumer Council have recommended that the Agency take action to improve labelling in this sector.

The main reason for consumer mistrust appears to be that there is not a universally accepted definition of what constitutes a food that is suitable for a vegetarian and/or vegan diet. Therefore the Agency has decided to develop guidance on the use of the terms �vegetarian� and �vegan�.

Comments are invited on the enclosed draft guidance and partial Regulatory Impact Assessment.

Draft guidance
A stakeholder meeting was held in 2004 which was attended by representatives from groups with an interest in this area. It was clear from this meeting that the basis for a definition of the term �vegan� could be the exclusion of any foods that were made from or with the use of animals or animal products. The term �vegetarian� is more difficult to define. The rationale for the proposed criteria is to exclude products derived from the slaughter of animals or made with the use of such products, but to permit foods that are produced by, from, or with the use of live animals, for example, eggs or honey.

Examples of what this means in practice are:

Processing aids
The draft vegan critieria exclude all products that have been made using animal products even though they may not be present in the final foodstuff, e.g. wine cleared with isinglass (a product made from fish). The draft vegetarian criteria excludes processing aids that have been made using animal products (again, whether or not they are present in the final foodstuff) except where they originate from live animals, e.g. albumin would be permitted.

Additives
There are more than 50 additives that are sometimes of animal origin, depending on how they are made. The draft vegan criteria would require such additives to be derived from non-animal sources. However, additives originating from products of live animals, e.g. those from milk or eggs, would be suitable for products labelled as vegetarian.

Vitamins and colours may often be on a gelatine base. These additives would not be suitable for inclusion in products labelled vegan or vegetarian. In addition, those additives using whey as a carrier would not be suitable for vegans. Vitamin D is often derived from sheep�s wool, which is obtained either from live sheep, or as a slaughter by-product. If from live sheep, this type of product would be suitable for vegetarians, but it would not be if it came from sheep that have been slaughtered, and would not be suitable for vegans in either case.

The proposed criteria establish minimum standards, and do not preclude the use of stricter standards as appropriate.

The guidance is intended to apply equally to any sector of the food industry that uses these terms, including food service.

Comments on the guidance
We would be grateful for any comments on the draft guidance, but we would like you to focus on two particular issues:

• whether or not there is a need for this guidance at all
• the questions indicated in the draft guidance itself

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact Judith Taylor, the FSA Consultation Co-ordinator, on 020 7276 8633.
Email: judith.taylor@foodstandards.gsi.gov.uk