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Proposed Amendment to the New Zealand Folic Acid Standard

5 Options

There are advantages and disadvantages to all three options and the following section provides possible examples to aid discussion. This is not an exhaustive list and submitters may well identify other impacts or hold an alternative view on the examples that have been provided. Comment is sought from interested parties on the impacts (actual or potential) of each option.

5.1 Status Quo

Under this option the folic acid standard would commence on 27 September 2009. On this date it would be mandatory for bread to be fortified with folic acid.

Advantages

• maximises the opportunity to reduce NTDs

• is consistent with the intention of the standard as developed by FSANZ under the joint system

• maintains maximum alignment with Australia

Disadvantages

• not supported by many consumers

• reduces consumer choice

• uncertainty that the mandatory fortification would deliver the desired outcome

• imposes costs on industry

• may be difficult to comply with due to the difficulties associated with getting an even spread of folic acid in bread to the required level.

5.2 Amendment to Commencement date (preferred option)

The commencement date would be changed from 27 September 2009 to 31 May 2012. The standard would be amended to provide for the continuation of voluntary fortification in New Zealand but it would not be mandatory to fortify bread with folic acid until 2012.

Advantages

• allows voluntary fortification to continue

• less cost to industry over the next two years (would not be subject to verification and auditing)

• provides greater choice to consumers over the next two years

• allows new evidence to be considered (including the planned 2011 independent review of the standard) before making decisions in 2012 regarding commencement of, revocation, or further amendments to, the standard.

Disadvantages

• would reduce the impact on addressing the folate deficiency in the New Zealand diet, and reducing the number of NTD affected pregnancies

• would not remove the uncertainty to industry that mandatory fortification may still occur

• implementation no longer aligned between Australia and New Zealand

5.3 Revocation of the New Zealand Folic Acid Standard

Under Section 11L of the Food Act, the Minister for Food Safety may revoke a standard having met the preconditions set out under Section 11E. The voluntary permission to fortify other foods with folic acid, as provided under the Food Code in Standard 1.3.2, Vitamins and Minerals, would continue to apply, but the permission for bread would no longer be available as it would have been removed as a consequence of the Food Code mandatory permission coming into effect.

Advantages

• provides certainty for industry and consumers about future regulatory requirement for folic acid fortification

• Ensures maintenance of consumer choice over the long term

Disadvantages

• would reduce the impact on addressing the folate deficiency in the New Zealand diet, and reducing the numbers of NTD affected pregnancies

• would be inconsistent with the joint standard as developed with Australia

• would not provide for voluntary fortification