On the maximum allowable amount of trans-fatty acids in food products, the conditions for the marketing and official control of food products containing trans-fatty acids, and the rules for monitoring the trans-fatty acid intake of the population
By virtue of the authorization granted under Section 15(11)(c) of Act XI of 1991 on the Health Authority and Administrative Activity, acting within my scope of duties as defined in Section 41(d) of Government Decree 212/2010 (VII. 1.) on the Duties and Powers of Individual Ministers and the State Secretary Heading the Prime Minister's Office – in agreement with the Minister of Rural Development acting within his scope of duties as defined in Section 94(c) of Government Decree 212/2010 (VII. 1.) on the Duties and Powers of Individual Ministers and the State Secretary Heading the Prime Minister's Office – I hereby decree the following:
Section 1
(1) The scope of this Decree shall apply to oils, fats, and fat emulsions intended for the final consumer, either on their own or as an ingredient in a food product.
(2) Notwithstanding paragraph (1), the provisions of this Decree shall not apply to trans-fatty acids naturally occurring in fats of animal origin.
(3) The scope of this Decree shall apply to food products placed on the market in Hungary.
Section 2
For the purposes of this Decree:
a) food: the concept defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (hereinafter: Regulation (EC) No 178/2002).
b) trans-fatty acid: fatty acids containing at least one non-conjugated trans-configured carbon-carbon double bond;
c) placing on the market: the concept defined in point 8 of Article 3 of Regulation (EC) No 178/2002.
d) final consumer: the concept defined in point 18 of Article 3 of Regulation (EC) No 178/2002.
Section 3
(1) It is prohibited to place on the market food products – excluding storage for the purpose of placing on the market outside of Hungary – in which the amount of trans-fatty acids exceeds 2 grams per 100 grams of the total fat content of the food product handed over or sold to the final consumer.
(2) Notwithstanding the provisions of paragraph (1), in the case of processed, multi-ingredient food products:
a) if the total fat content of the food is less than 20%, the amount of trans-fatty acids may not exceed 4 grams per 100 grams of the total fat content of the food, or
b) if the total fat content of the food is less than 3%, the amount of trans-fatty acids may not exceed 10 grams per 100 grams of the total fat content of the food.
(3) The records maintained by the food manufacturer or, in the case of imported food, by the first distributor in Hungary, must include the trans-fatty acid content of raw materials containing trans-fatty acids, with particular regard to oils, fats, and fat emulsions used as ingredients by the manufacturer during the production of the food handed over or sold to the final consumer or applied during the production technology.
Section 4
(1) The food chain safety and animal health directorates of the capital and county government offices shall report quarterly on the results of inspections regarding the trans-fatty acid content of food products to the National Food Chain Safety Office (hereinafter: NÉBiH), which shall forward the aggregated data to the Office of the Chief Medical Officer (hereinafter: OTH), providing the following information:
a) the name of the inspected food businesses and the location of the official inspection;
b) the name of the inspected food product, its manufacturer, distributor, or first distributor in Hungary, the size of the packaging, as well as instructions for use and preparation suggestions, if available for the given food product;
c) the results of official laboratory tests performed by NÉBiH per food product, relative to 100 grams of the food handed over or sold and relative to 100 grams of the fat content within said food.
(2) The OTH shall transfer the data referred to in paragraph (1) to the National Institute for Food and Nutrition Science (hereinafter: OÉTI).
(3) Based on Section 4(5)(b)(ba) of Act XI of 1991 on the Health Authority and Administrative Activity, the OÉTI shall:
a) establish a database from measurement data regarding the trans-fatty acid content of food products sold to the final consumer;
b) conduct a survey on the trans-fatty acid intake of the population;
c) monitor changes in the composition of food products sold to the final consumer in connection with the requirements set out in this Decree;
d) perform laboratory tests for survey purposes regarding the trans-fatty acid content of food products.
(4) If, based on the tests referred to in point (d) of paragraph (3), it is determined that the inspected food product does not comply with the provisions of this Decree, the OÉTI shall notify the OTH after completing the test, providing the data specified in points (a)–(c) of paragraph (1).
(5) The OTH shall forward the data referred to in paragraph (4) to NÉBiH within 8 days of receipt.
(6) During the laboratory tests referred to in point (c) of paragraph (1) and point (d) of paragraph (3), the quantitative determination of trans-fatty acids with 14, 16, 18, 20, or 22 carbon atoms shall be performed.
Section 5
(1) This Decree shall enter into force on the 90th day following its publication.
(2) Food products already on the market at the time this Decree enters into force which do not comply with the provisions of this Decree may remain on the market until the end of their shelf-life or ""best before"" date, but for a maximum of 12 months following the entry into force of this Decree.
Section 6
(1) The notification of the draft of this Decree has taken place as required by Articles 8-10 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services.
Source: kormany.hu