An Assessment Framework to Delineate Between Dietary Foods for Special Medical Purposes and Normal Foods

Abstract

This paper describes an assessment framework (‘decision tree’) to delineate between ‘dietary foods for special medical purposes’ and normal ‘foods’. The Netherlands Food and Consumer Product Safety Authority commissioned this work in 2010. The background for the 2010 request was that some normal foods to which the EU Nutrition and Health Claims Regulation 1924/2006 applies [1], were presented on the market in the Netherlands as ‘dietary foods for special medical purposes’ falling under Directive 1999/21/EC [2]. In order to assist in the enforcement of the EU Nutrition and Health Claims Regulation 1924/2006 it was necessary to have an assessment framework. In 2010, the National Institute for Public Health and the Environment (RIVM) produced its final report. This report was since then used by the Netherlands Food and Consumer Product Safety Authority to enforce appropriate law in Europe/the Netherlands. Although since 2010 this decision tree has worked satisfactory, it was available only in the Dutch language on the website of the Netherlands Food and Consumer Product Safety Authority [3]. Hence, it could not be communicated internationally. However, once international experts became aware of this document existing in Dutch and indicated their active interest, it was decided to have a full translation of the original document in the public domain. This paper shortly describes the relevant definitions of “foods” in the applicable EU legislations and then the full translation (in English) of the original document (in Dutch). In an annex, the definition of ‘food’ in the applicable EU legislation is given.