After Have analyzed the rules – and reported abuses – on the wording ‘gluten-free‘, è now by consider the theme ‘lactose-free‘. Indication that the Ministry of Health allows on dairy products only and instead today it is also found on the advertisements for panettoni (!). L’ABC of rules.
‘Free from‘, gluten and lactose
The words ‘free from‘ – on food labels – express the absence of certain substances (e.g. pesticide residues) or ingredients (e.g. GMO, palm oil). These are voluntary claims, generally without specific regulation and therefore subject to the general criteria of fairness and transparency of consumer information. (1)
Claims related to gluten and lactose on the other hand, follow special rules, which derive from the former regulations for products intended for a special diet. (2) These rules address the need of certain vulnerable categories of consumers to receive accurate news, according to uniform parameters.
The absence or reduced content of gluten and lactose, consequently, can only be claimed on certain products, subject to special criteria expressing precise meanings. (3) Precisely because it is https://www.greatitalianfoodtrade.it/etichette/controlli-il-ruolo-dellamministrazione-sanitaria/, the content of which cannot be left to the arbitrariness of individual operators.
‘Lactose-free‘, ‘lactose-reduced‘. What rules?
The Ministry of Health has clarified, in special circulars, the conditions for the use on the label of the words ‘lactose-free‘ e ‘lactose-reduced‘. Specifying first of all that such news is reserved for ”Dairy and dairy products‘.
‘Given the existing situation, taking into account also the EFSA opinion of 2010 and that of the Single Commission on Dietetics and Nutrition of 12 June 2015, the claim “lactose-free” can be used for milk and milk products with a lactose residual of less than 0.1 g per 100 g or ml, pending harmonisation of this issue at European level.
In order to provide accurate information to consumers on the contents of ‘lactose-free’ or ‘lactose-reduced’ delactose products, a statement such as ‘the product contains glucose and galactose as a result of the cleavage of lactose’ (4) should also be stated on the label’.
The long aging of cheeses – e.g. Parmigiano Reggiano, Grana Padano, Provolone Valpadana – in turn allows for significant reductions in their lactose content. Therefore, the Ministry of Health has clarified, including in relation to such products, how consumers should be informed.
‘In dairy products in which the usual production process leads to the elimination or reduction of the lactose content, the following claims may be made on the label (under the same conditions as defined for delactose products):
1) ”naturally lactose-free” (or equivalent expression) when the residual lactose content, to be indicated on the label, is less than 0.1 g/100 g;
2) ‘naturally lactose-reduced’ (or equivalent expression) when the residual lactose content, to be indicated on the label, is ‘less than 0.5 g/100/g’’.
For both categories of products should be stated on the label:
– that the absence of lactose or its reduced presence is a “natural” consequence of the typical manufacturing process by which the cheese in question is obtained;
– an indication such as “contains galactose“.
In the sole case of “naturally lactose-free” products, if it is deemed possible to quantify and guarantee una maximum residual threshold of galactose, may be used in altemative to the previous one a statement such as “contains galactose in an amount less than …” with a view to providing accurate information also for an eventual use by galactosemics.‘ (5)
Dario Dongo
Notes
(1) Refers to reg. EU 1169/11 (Articles 7 and 36) and the Unfair Commercial Practices Directive (dir. 2002/29/EC), implemented in Italy through the Consumer Code (d.lgs. 206/05) and d.lgs. 145/07. See also the previous article
(2) See dir. 2009/39/EC, repealed by reg. EU 609/2013
(3) And it is therefore completely inadmissible, for example, to report the absence of gluten on tea drinks. See the article https://www.greatitalianfoodtrade.it/etichette/tè-gluten-free
(4) Ministry of Health, DGISAN, Circular 7.7.15 (27673-P)
(5) Ministry of Health, DGISAN, Circular 16.6.16 (24708-P)
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
