By Paul MBONYI/ Program Manager in ADECOR*
Kigali: Good nutrition is not just about having enough food, but about having the right food, at the right times. Food fortification is one important step in making sure populations gain a balanced diet.
Fortified foods help to fill in the nutritional gaps in our diet. They can deliver vitamins and minerals to large portions of the population without requiring large changes in our behaviour or diet.
Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort.
The legal framework is a crucial factor for the success of food fortification programs, as it shapes to a large extent the implementation of food fortification. It is instrumental to ensure the quality, safety, availability, cost-effectiveness, and sustainability of food fortification.
This article takes a look at food fortification legislation in general in order to determine specific factors and components in the legal framework that are crucial to the success of fortification programs.
Why is a legal framework important?
A legal framework defines the rights and obligations of the different societal parties and will allow protection and information of consumers, certification and quality control of producers, and monitoring, evaluation, and management by the authorities.
Therefore, the legal framework is crucial for the implementation of food fortification, as it determines the playing field (which products, which nutrients, which producers, consumers, markets….), the limits (mandatory or voluntary participation, costing, certification, labeling and information) and the instruments (monitoring, uptake and compliance, social marketing, enforcement).
Food fortification can be implemented in a variety of ways, ranging from voluntary to mandatory, with different levels of control and enforcement possible.
The legal framework should address not only technical aspects such as product specifications, but also all other aspects of implementation ranging from basic responsibility divisions (e.g. mandatory versus voluntary models), quality control and monitoring aspects (e.g. accreditation and enforcement schemes); costing aspects (e.g. cost sharing schemes and tax measures, capacity, commitment; marketing aspects for example the specific social marketing strategies including advocacy and training for policy makers, information and support for producers, health education and communication for consumers. It is clear that a well-developed and carefully considered legal framework is a crucial factor for the success of food fortification and is fundamental for cost-effective, sustainable, and safe implementation of large-scale food fortification.
Key elements of a legal framework for food fortification
A legal framework for food fortification should basically begin with the same legal and regulatory starting points as for food in general, and therefore should include food safety and food quality regulations combined with clearly defined consumer rights.
Furthermore, the means to monitor and assert the regulations on food quality, safety, and consumer rights are indispensable, as well as the power to enforce the regulations and penalize noncompliance and infringement of rights.
However, additional aspects need to be addressed when considering food fortification, and proper attention needs to be given to the specific principles that underpin food fortification. First, it is a strategy intended to address a specific health problem in the population, namely, preventing or correcting deficiencies of one or more micronutrients. It is desirable to clearly state this Public Health Objective when developing a legal framework for food fortification, as this provides not only the justification for the food fortification, but also the benchmark to use in impact evaluation, allowing adjustment to meet changing needs.
Also, care should be taken in selecting the proper food vehicles for fortification. Too often, it is taken for granted that fortification will automatically lead to a measurable health impact, whereas some food vehicles reach only a small proportion of the population. When developing a legal framework for food fortification, the specific circumstances that may restrict (e.g., lack of capacity at the producer or governmental level, costing, fragmented or uncontrolled production or market situation) or facilitate (e.g., consumer or producer motivation, good legal background structures for control and enforcement, clear responsibilities) implementation should be taken into account.
A key consideration is the allocation of primary responsibility for the fortification. A mandatory approach to fortification will optimize penetration, level the playing field, improve sustainability, and motivate producers to comply. In a mandatory model, monitoring and enforcement is more straightforward and clear than when a voluntary approach is used, and advocacy and social marketing also become more straightforward.
Instruments to promote compliance and commitment should be considered already in the legal framework, such as tax reduction on fortified foods (or the opposite, additional tax on the non-fortified, less-healthy foods) and an accreditation system that certifies the fortification status. Another important element is costing and sustainability. Food fortification is a highly cost-effective intervention, with a clear return in health benefits and health cost savings. The costs of fortification can be absorbed in various ways, including with a cost-sharing approach.
It is then possible to share these costs between the government, industry, and the consumer, through tax reductions, increased production costs, and consumer price increases. Because the political situation, industry structure, and consumer behavior differ between countries, a sharing scheme that is affordable and sustainable for all parties should be developed in a multisectoral consultation process with the different stakeholders.
Sustainability should not be hard to achieve, especially when the legal framework provides a level playing field and the technical specifications have also considered the cost-effectiveness of the procedures and the nutrients.
Quality and safety are of course also important elements. Consumer protection is the basic principle for food laws and should also be the starting point in developing a legal framework for food fortification. Detailed specification of micronutrients, compounds, fortification levels, and fortification procedures will ensure that the fortification is adequate and safe. Clear quality control regulations and regular inspection accompanied by an explicit certification system and specific penalties for noncompliance are also needed in order to enforce fortification, ensure adequate fortification levels, and ensure consumer safety.
Consumer information is an important aspect of quality and safety, and labeling should be included in the legal considerations. Labeling specifications need to be clear and include at least the brand, producer details, and the legal minimum level of the fortified nutrients, and if possible also the expiration date and batch identification information. This will also facilitate inspection, accreditation, and certification.
A final element that should not be overlooked is the need for an integrated social marketing approach to underpin the fortification strategy. In order to develop capacity and commitment at the policy level, advocacy, training, and international support are needed. Continued commitment from policy makers is an important prerequisite for successful implementation of fortification programs, and lack of understanding, motivation, and interest in fortification at the policy level has impeded and even halted many otherwise promising fortification programs.
Commitment of the producers also need to be fostered, and industry needs to be actively informed and supported to stimulate compliance, enhance motivation, and incorporate the fortification into production, including marketing, consumer information, and accreditation schemes. Clear and complete communication, technical support and capacity building, and involvement at the decision-making level in the fortification program are important to build industry commitment.
The ultimate test for a fortified product is consumer acceptance and market penetration. Consumer information, health education, and marketing of fortification should be integrated into the fortification program. This is instrumental to ensure a positive uptake of the product, with consumers understanding the benefits of the fortification, accepting and even preferring the fortified products and prepared to pay for the fortification.
In conclusion, to ensure the quality, safety, availability, and sustainability of the food fortification, the legal framework should specifically address the fortificants and fortification levels, the food vehicles and the fortification procedures, the commitment for fortification by policy makers and producers, the regulation of the costing, adequacy of information and communication such as product labeling, integration of social marketing into the implementation and the means to monitor and enforce fortification. (End)
ADECOR* means Rwanda consumers Rights Protection Organization (ADECOR).