Question
What responses were received by the Food Standards Agency to their consultation on the draft Infant Formula and Follow-on Formula (England) Regulations 2007; and whether they will amend the regulations so as to comply fully with the International Code of Marketing of Breast-milk Substitutes.
Answer
The Government support the International Code for Marketing of Breastmilk Substitutes and the subsequent amending World Health Assembly resolutions. The World Health Organisation (WHO) code is a set of recommendations and, as such, countries are expected to adopt the principles of the code but may do so in ways other than those specifically set out in the code. The European Union (EU) Directive 2006/141/EC on Infant Formula and Follow-on Formula is the mechanism by which the EU has reflected the provisions on labelling and advertising as appropriate. The WHO recommendations are very wide-ranging in their scope, with some relating to detailed labelling provisions, others to the functioning of the health care system and others still to the corporate responsibilities of manufacturers. The Food Standards Agency (FSA) is acting in relation to the recommendations as they relate to the composition, labelling and advertising of formula. In addition, the department has implemented various initiatives including a national network of breastfeeding co-ordinators, and an Infant Feeding Best Practice Manager to work with the strategic health authorities to help primary care trusts and local strategic partnerships to deliver improved breastfeeding rates across England. The FSA has consulted stakeholders on both the new draft regulations which will implement EU Directive 2006/141/EC, and the accompanying draft regulatory impact assessment. The regulations will lay down rules about the composition, labelling and advertising of formulae. In total 1,341 responses from formula manufacturers, non-governmental organisations, enforcement bodies, parliamentarians and individuals were received from stakeholders. The comments are now being collated and evaluated by the FSA to inform the final decision. These include comments on the statement referred to in HL5691. The FSA also intends to consult in the near future on accompanying draft guidance notes which will advise on the interpretation of the regulations. The directive requires that regulations come into force on 1 January 2008.