Six colours in catering an Action on Additives report. Anna Glayzer The Food Commission

Transcription

1 Six colours in catering an Action on Additives report Anna Glayzer The Food Commission July

2 Acknowledgements This research was conducted as part of the Action on Additives campaign, which is funded by the Organix Foundation, a grant-giving body that makes funds available for research projects that focus on the links between food quality and children s health. Thanks are due to Jessica Mitchell for support and advice. 2

3 Contents 1. Introduction 2. Aims and objectives 2.1 Aim 2.2 Objectives 3. Methodology 4. Findings 3.1 Parameters 3.2 Information sources surveys Caterer survey 4.1 The legal framework for the use of colourings in catered foods in the UK and the EU, including regulation, labelling, and monitoring The law: a summary Permitted usage levels Foods that cannot be coloured Labelling Acceptable daily intake levels 4.2 Consumption and use levels 4.3 Enforcement and monitoring in the UK Summary Trading Standards Local Government Regulation (LACORS) 4.4 The extent to which six colours are used beyond legal levels in public and private sector catering Food standards compliance Surrey Curry Club Trading Standards survey 3

4 4.5 Use of the six colours within legal levels in public and private sector catering Food Standards Agency surveys Caterer survey findings 4.6 Previous and current initiatives to reduce the use of colours in catering Food Standards Agency list of caterers, restaurants and retailers with product ranges free from the six colours The School Food Trust voluntary code of practice for drinks provided in schools 4.7 Other FSA initiatives to improve food quality in private and public sector catering Healthy catering commitments The Healthier Food Mark 5. Discussion 6. Policy calls 7. References Figures and appendices Figure1: Government action timeline in UK and EU following publication of the Southampton Study Appendix 1: Letter to caterers Appendix 2: Companies contacted for the caterer survey Appendix 3: Second letter to caterers 4

5 1. Introduction This report focuses on the use of 6 artificial colourings in food sold for consumption in catering establishments across the UK. The colours are: Tartrazine E102, Quinoline Yellow E104, Sunset Yellow E110, Carmoisine E122, Ponceau 4R E124 and Allura Red E129. Artificial colours have been suspected of being linked to hyperactivity in children since the 1970s (Feingold, 1973). In 2007 the six colours at the centre of this report (referred to throughout as the six colours), along with the preservative Sodium Benzoate (E211), were linked to increased hyperactivity in children by a randomised, double-blinded, placebo-controlled, crossover trial (McCann et al, 2007) carried out at Southampton University, commissioned by the Food Standards Agency. The study is widely known as, and referred to subsequently here as, the Southampton study. Mixtures containing the additives were administered to a group of 3 year olds and a group of 8/9 year olds. A statistically significant increase in hyperactive behaviour was observed across both groups, not just among children previously diagnosed with hyperactivity disorders. Since the publication of the Southampton study legislative action in the UK and at EU level has focused solely on the six colours and not on E211. For that reason, this report does not include E211 however, The Food Commission continues to call for further action on E211. (The Food Magazine, 2009, 85). The previous focus of the Food Commission s Action on Additives campaign has been on food and drinks sold via retail, upon which government action in the UK and in Europe has focused since the Southampton study was published in September 2007 (see Figure 1). European law means that food and drink products containing any of the six colours will now come with a warning label (warning labels are expected mid 2010 but at the time of going to press have not been observed yet). This report turns its attention to food consumed outside the home. This report cannot give comprehensive consideration to all of the issues surrounding concerns about additives. Its main focus is whether these colours are used in catering and in which sectors; how easy it is to get information on the use of the colours; what the law is that governs the use of the colours in these sectors and whether the government and caterers themselves are taking any action to address consumers concerns. Eating out has become a major part of everyday life in the UK. One in six meals in the UK are now eaten outside the home (DEFRA, 2008),which means that this type of food is making a greater contribution to dietary intakes than previously. Little is known however, about the extent to which the six colours are present in foods bought for 5

6 consumption outside the home. As there is no labelling on this type of food, consumers do not have the option of avoiding the colours if they are used. 6

7 Figure1: Government action timeline in UK and EU following publication of the Southampton Study March 2008 The European Food Safety Authority (EFSA) publishes its response to the Southampton study, concluding that the 2 mixtures of colours and E211 had a small and statistically significant effect on activity and attention in some children selected from the general population, but because the colours had been administered in a mixture, the effects could not be traced to the individual additives and therefore the study could not be used as a basis for altering the acceptable daily intake (ADI) of the colours or of E211 (EFSA, 2008). July 2008 Members of the European Parliament vote in favour of an amendment to the EC Food Improvement Agents Package harmonisation regulations so that foods containing any of the six colours will be required to carry a warning on their labels reading, consumption may have an adverse effect on activity and attention in children (Regulation (EC) No 1333/2008). Labels are expected to start being used around mid-2010 November 2009 As part of a wider ongoing review of the safety of all EU permitted food additives, EFSA published opinions on the six Southampton food colours. Acceptable Daily Intakes (ADIs) are lowered for Quinoline Yellow (E104), Sunset Yellow FCF (E110) and Ponceau 4R (E124). The ADIs for the other three colours, Tartrazine (E102), Carmoisine (E122) and Allura Red AC (E129) remained unchanged. The review took into account additional evidence besides the Southampton study. December 2009 The European Commission raises the issue of the reduced ADIs with Member States. The Commission asked the food industry to provide information on where usage levels could be reduced or use categories removed. This information will be used to inform further discussions with Member States (FSA spokesperson, by ) July 2010 Warning labels due to appear on food and drink products containing the six colours. No sign at time of going to press September 2007 The Southampton Study is published. The Food Standards Agency (FSA) refers the evidence to the European Food Safety Authority (EFSA) whilst considering what action to take. April 2008 The FSA board call for a voluntary ban (suggesting manufacturers should voluntarily reformulate products by the end of 2009), whilst supporting a mandatory EU ban on the six colours. The board argues that the sodium benzoate was harder to remove given its preservative function and promised to revisit the topic. (FSA, 2008) February 2009 The FSA announced that it would promote the voluntary ban by publishing information on its website on brands and companies that had removed the colours from their products. March 2010 Despite the passing of the end of 2009 target, the FSA lists of products free from the six colours number 59 manufacturers, 9 retailers and only 4 caterers (FSA, 2010). 7

8 2. Aims and objectives 2.1 Aim To consider the use of colours associated with hyperactivity in the UK catering industry in order to develop recommendations for campaigning and research. 2.2 Objectives To present the legal framework for the use of additives in catered foods in the UK (as this differs from the use of additives in food sold via retail) including regulation, labelling, monitoring and enforcement. To look for official estimates of consumption levels To get a picture of the extent to which the six colours are used both within and beyond legal levels in public and private sector catering by finding out about the policies and practices of caterers; and by looking for publicly available government and local authority reports and surveys. To find out what initiatives exist already that work to remove the six colours from catered offerings, and identify examples of good practice in this area. To make policy recommendations based on these findings 3. Methodology 3.1 Parameters This report looks at catering within the private and public sector. Large catering companies approached directly in the caterer survey provide catering within the private and public sectors. A representative survey of small private caterers such as takeaways was not possible here; however the report looks at the activities of those types of businesses via reports of monitoring agencies. 3.2 Information sources In the preparation of this report a mixture of written sources were sought out including published reports, grey literature, food trade press. Web sources included government, NGO and catering company websites. 8

9 Telephone interviews were conducted with the following people selected on the basis of having, through their positions, knowledge of the use of additives in catering in the UK.Stephen Johnson, Head - Food Additives Branch, Food Standards Agency Claire Hodgson (ne Wilman), Senior Trading Standards Officer - Food Team, Surrey County Council Trading Standards Dr Patricia Mucavele, School Food Trust Duncan Campbell, President of the Association of Public Analysts Press officer, Local Authority Co-ordinators of Regulatory Services surveys An request was sent by Duncan Campbell on The Food Commission s behalf to twenty public analysis laboratories across the UK to ask for suggested contacts at Trading Standards offices where work had been undertaken on the use of colours in catering. The Local Authorities Coordinators of Regulatory Services (LACORS) also put out a request to their local authority network for details of any work done relating to the use of colours in catering Caterer survey 36 companies were contacted in December They were chosen on the basis that each one had already signed up to the Food Standards Agency s Healthy Catering Commitments, but was not included in the FSA s list: Caterers and restaurants with product ranges free from the six colours. ( rs) The companies include a mixture of restaurant chains and catering providers. The companies were first contacted by telephone to establish the appropriate person to write to. The letter is reproduced in Appendix 1 and a list of the companies contacted can be found in Appendix 2. The following four questions were asked: 1. Do you have any policy in place regarding use of food additives in foods that you supply or prepare? 2. Do any of the foods that you supply or prepare contain the six colours listed above and if so, which foods or, which types of foods if you can t be specific? 9

10 3. If you do supply or prepare foods containing the six colours, have you reduced your use since November 2007? If possible, could you say roughly by how much? 4. Would you be willing to sign up to the FSA list of caterers and restaurants with product ranges free from the six colours, or to any other voluntary initiative designed to decrease the use of the colours? Following a poor response to the original survey (see 4.5.2), the companies that had not responded were contacted again in April 2010 and offered another chance to respond. The questions were slightly refined to make it clearer that we were asking about foods prepared on site, and foods prepared elsewhere. Question 3 was removed entirely as none of the respondents in the first survey answered. The full letter is reproduced in Appendix 3. The new questions were as follows: 1. Do you have any policy in place regarding use of the colourings listed above in foods that you supply or prepare? 2. Do you add any of the six colours listed above, or anything containing any of the six colours, to any of the foods that you prepare? If so, which foods or, which types of foods if you can t be specific? 3. Do any of the foods that you serve, but, that are not prepared by you, contain the Six colours listed above? If so, which foods or, which types of foods if you can t be specific? 4. Would you be willing to sign up to the FSA list of caterers and restaurants with product ranges free from the six colours, or to any other voluntary initiative designed to decrease the use of the colours? Five supermarkets were also contacted in April 2010 and asked the above 4 questions in connection with food sold in cafes, along with two additional questions in connection with foods sold loose: 1. Do any of the foods that you sell loose, for example from your in-store bakeries, contain any of the colours listed above, and if so which products? 2. If the colours are used, is there any provision made to alert the customer, at the point of sale? 10

11 4. Findings 4.1 The legal framework for the use of colourings in catered foods in the UK and the EU, including regulation, labelling, and monitoring The law: a summary The use of food additives in the UK is governed by both UK and European law. European law dictates the list of additives permitted for use across the whole of the EC, as well as the levels at which those additives can be used in foods. The six colours remain on the permitted list despite the UK FSA s voluntary ban. Recently European law was harmonised with new regulation (Regulation (EC) No 1333/2008 of the European Parliament and of the council of 16 December 2008 on food additives). As referred to in Section 1 and Figure 1, this latest regulation included an article stipulating that labels for foods or drinks containing any of the six colours must include the warning: may have an adverse affect on activity and attention in children. Foods sold for consumption in catering establishments do not require such labelling however (See 4.1.4). In the UK the use of colours in catering is covered by Colours in Food Regulations 1995, cross referenced to the relevant EC directives. The Colours in Food Regulations 1995 apply to food sold for consumption in catering establishments just as they do to foods sold via retail. The general philosophy on the use of colours in food as described in the FSA s Food Additives Legislation- Guidance notes (FSA, 1995) is that colours may only be used if they perform a useful purpose, are safe and do not mislead the consumer. In most cases, unprocessed foodstuffs cannot be coloured. The UK regulations work with the EC directives to specify what foodstuffs are covered and what is excluded from the rules. Permitted use levels vary according to foodstuff as detailed in Table 1. Certain foodstuffs are prohibited from being coloured as detailed in Table 2. There are certain foods to which only restricted colours can be added and certain colours which can be added to only certain foodstuffs, though the six colours do not feature in either of the latter two categories. The regulations as they apply to the six colours are laid out in and Permitted usage levels 11

12 For most colours the permitted level of usage is dictated by the type of foodstuff. Three of the six colours are subject to stricter controls than other colourings. The following must not be used in any food or drink substance at a higher level than 50mg/kg or 50ml/l: Sunset Yellow E110 Carmoisine E122 Ponceau 4R E124 The other three colours, like other permitted colours, must be used within the following limits detailed in Table 1: Tartrazine E102 Quinoline Yellow E104 Allura Red E129 Table 1: Maximum permitted use levels for E102, E104 and E129 Foodstuffs Non-alcoholic flavoured drinks Candied fruits and vegetables Preserves of red fruits Confectionery Decorations and coatings Fine bakery wares (eg biscuits, cakes wafers) Edible ices Flavoured processed cheese Deserts including flavoured milk products Sauces, seasonings (for example curry powder, tandoori), pickles, relishes, chutney and picallili Mustard Fish paste and crustacean paste Pre-cooked crustaceans Salmon substitutes Surimi Fish roe Smoked fish Maximum level 100mg/l 200mg/kg 200mg/kg 300mg/kg 500mg/kg 200mg/kg 150mg/kg 100mg/kg 150mg/kg 500mg/kg 300mg/kg 100mg/kg 250mg/kg 500mg/kg 500mg/kg 300mg/kg 100mg/kg 12

13 Snacks: dry, savoury potato, cereal or starch based snack products: Extruded or expanded savoury snack products Other savoury snack products and savoury coated nuts Edible cheese rind and edible casings Complete formulae and nutritional supplements for use under medical supervision Liquid food supplements/dietary integrators Solid food supplements/dietary integrators Soups Meat and fish analogues based on vegetable protein Spiritous beverages Aromatized wines, aromatized wine based drinks and aromatized wine product cocktails Fruit wines, cider, perry, aromatized fruit wines 200mg/kg 100mg/kg Quantum satis* 50mg/kg 100mg/l 300mg/kg 500mg/l 100mg/kg 200mg/l 200mg/l 200mg/l Source: European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs, Official Journal of the European Communities * No maximum level is specified but colour must not be used at a level higher than necessary to achieve the intended purpose and provided that such use does not mislead the customer Foods that can and cannot be coloured Certain foodstuffs cannot legally be coloured (Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs). The law is intended to prevent the colouring of unprocessed and basic foods. These are summarised in Table 2. Therefore any other type of food can legally be coloured. Types of food identified previously as containing one of more of the six colourings by the Action on Additives campaign which might be used or served by caterers included soft drinks, sweets and desserts, spice rubs, sauces and other processed snack foods ( Table 2: Foodstuffs that cannot be coloured Foodstuff Notes 13

14 Unprocessed foodstuffs Bottled or packed waters Milk, fermented milk, preserved milks, buttermilk, cream and cream powder Chocolate milk Oil and fats of animal or vegetable origin Eggs and egg products Flour and other milled products and starches Bread and similar products Sugar, including all monosaccharides and disaccharides Tomato paste and canned and bottled tomatoes Tomato based sauces Fruit juice, fruit nectar and vegetable juice Fruit, vegetables (including potato) and mushrooms- canned bottles or dried: processed fruit, vegetables (including potatoes) and mushrooms Extra jam, extra jelly and chestnut puree Fish, molluscs and crustaceans, meat poultry and game, as well as their preparations, but not This includes rice, which is considered an unprocessed food Intended to cover natural products including plain yoghurt Only includes products made solely from chocolate and milk, ie chocolate flavoured milk can be coloured. Includes all oils. Excludes butter, which can contain carotenes (E2160a) and margarines, which can be coloured with carotenes, curcumin (E100) and annatto (E160b). Includes raw and stabilised cereal grains of the types found in muesli but does not cover extruded breakfast cereals or fruit flavoured cereals. All bread and bread products including rolls, soda bread, gluten free bread, baguettes, chapattis and pitta Excludes decorative sugars and pouring syrups Includes tomato puree, tinned tomatoes and sundried tomatoes This entry is rather unclear. In the UK it does not cover condiments like ketchup, or dehydrated sauce mixes or tomato based soup. Excludes sauces and seasonings, pickles, mushy/processed peas and preserves of red fruits including canned or bottled raspberries, blackcurrants, rhubarb, strawberries etc Excludes use of colours in marinades or sauce that soaks into meat, or breadcrumb coatings. 14

15 including prepared meals containing these ingredients Cocoa products and chocolate components in chocolate products Salt, salt substitutes, spices and mixed spices Wine and Spirit entries Wine vinegar Foods for infants and young children, including foods for infants and young children not in good health Honey Malt and malt products Ripened and unripened cheese (unflavoured) Butter from sheep and goats milk Source: 94/36/EC and FSA,1995. Does not include non chocolate fillings of chocolate products Only covers spices with no added ingredients. Does not include curry powder or tandoori mixes With multiple exceptions Includes all baby foods, infant formulae and follow on milks. An infant is defined as under 12 months and young children 1-3 years. Includes fromage frais, unless flavoured Labelling According to Statutory Instrument (1996) No The Food Labelling Regulations 1996, where colouring is added to food that is to be delivered to the ultimate consumer or to caterers, it must be indicated on the label either by name or by e number. From mid 2010, any food or drink specifically containing any of the six colours will have to be labelled with the warning: consumption may have an adverse effect on activity and attention in children (Regulation (EC) No 1333/2008). Food which is pre-packed for direct sale is exempt from both of these requirements. Rather than referring specifically to food that comes in a pack, this means any food that is prepared on the premises from which it is sold. This covers catering establishments including: restaurants, canteens, clubs, public houses, schools, hospital or similar establishments (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation; and supermarkets where food is prepared- for instance in an instore bakery Acceptable daily intake (ADI) levels ADIs are the maximum recommended daily intake level that a substance can be ingested (orally) over a lifetime without appreciable risk to health. "Without appreciable 15

16 risk" refers to the perceived certainty that injury will not result, even after a lifetime of daily ingestion. Usually ADIs are calculated based on toxicity studies conducted on animals. A no observable adverse effect level (NOAEL) is derived, then scaled by a safety factor to address the anatomical differences between animals and humans. ADIs are expressed by body mass, in milligrams (of the substance) per kilograms of body weight per day. For food additives in Europe, ADIs are set by the European Food Safety Authority (EFSA). In reviewing ADI levels EFSA take into account safety evidence and exposure estimations. As part of a wider European review into all permitted food additives, the EFSA recently reviewed the six colours and released new opinions for all six in November The EFSA's scientific panel on additives, the EFSA Panel on Food Additives and Nutrient Sources added to Food (ANS Panel), lowered the ADIs for Quinoline Yellow (E104), Sunset Yellow FCF (E110) and Ponceau 4R (E124) The ADIs for the other three colours, Tartrazine (E102), Carmoisine (E122) and Allura Red (E129) remained unchanged. The current ADIs are given in Table 3: Table 3: Acceptable daily intake (ADI) levels for the six colours as of November 2009 Colour ADI milligram per kilogram of body weight per day Tartrazine E mg/kg bw/day Quinoline Yellow E mg/kg bw/day (reduced from 10mg/kg nw/day) Sunset Yellow E110 1 mg/kg bw/day (temporary level set for 2 years, reduced from 2.5 mg/kg bw/day) Carmoisine E122 4 mg/kg bw/day Ponceau 4R E mg/kg bw/day (reduced from 4 mg/kg bw/day) Allura Red E129 7 mg/kg bw/day alterations are highlighted with italics As noted in section 1 and Figure 1, the EFSA had previously issued an opinion on the Southampton study itself, in which it concluded that, because the additives tested had been administered in a mixture, the effect on hyperactivity, though statistically significant, could not be traced to one ingredient in particular and thus did not warrant any revision of safety advice at the time. Thus, in altering the ADIs for three of the six colours in November 2009, the EFSA did so on the basis of additional evidence derived from animal studies, not on the basis of the effect observed on human children in the Southampton Study. For E104, the EFSA concluded that currently available database on semi-chronic, reproductive, developmental and long-term toxicity of Quinoline Yellow, including a study in rats provided a rationale for re-definition of the ADI (EFSA 16

17 ANS Panel, 2009). For E110 the Panel revised the ADI temporarily on the basis of a 90 day rat study that reported effects on testes weight (EFSA ANS Panel 2009). The revision was temporary pending further study. For E124 the ADI was revised, with relevant new studies cited including a study by Tsuda et al. from 2001 reporting effects on nuclear DNA migration in the mouse in vivo Comet assay, and a study by on neurobehavioural effects. The Panel also re-evaluated a long-term mouse study reporting glomerulonephrosis (EFSA ANS Panel, 2009). The revision of the ADI levels for three of the six colours did not lead to any revision of the amount of colour legally permitted to be added to foodstuffs. In practice consumers cannot monitor whether their own consumption exceeds ADI levels, since the actual quantity of colouring used is not included on labels where food and drink products are sold via retail and as noted in section 4.1.4, foods sold via catering establishments do not come with a label, so the consumer cannot be sure whether a colouring has been added at all. 4.2 Consumption and use levels No one knows the exact level at which any one additive is being used by companies or consumed by the public. The FSA confirmed that it does not calculate use levels as such. Companies request a particular use level from the FSA because that is the level required in a particular type of food matrix to give the colour desired. Food consumption data from national diet surveys for different food categories together with the requested use levels for each category is then used to work out whether the total intake of the colour is acceptable from a safety point of view (Stephen Johnson, FSA, by ). In calculating ADI levels, EFSA used estimated exposure levels using data provided by the FSA and other member states. The FSA provided information to EFSA concerning the colours used in the Southampton study. This information was used by EFSA in the course of preparing opinions on the six colours, published November 2009 (EFSA, 2009). The FSA submitted two analytical surveys, commissioned in , on the level of colours in soft drinks and sweets. Both surveys were based on retail samples rather than food or drinks prepared in catering establishments. For the drinks survey, 201 pre-packed ready-to-drink samples were purchased from different types of retailers and the colours were analysed. 4 samples (2%) contained levels of either Sunset Yellow or Carmoisine in excess of the maximum permitted limit of 50 milligrams per litre in soft drinks. Four other samples of drinks (2%) contained colours that were not listed on the label (FSA, 2003). For the colours in sweets survey 196 retail samples of packaged sweets were purchased and analysed. 5 retail samples (2.6%) of packaged sweets contained levels of either Sunset Yellow or Carmoisine in excess of the 17

18 maximum permitted limit of 50 milligrams per kilogram (mg/kg). A maximum permitted limit of 300 mg/kg, for some other colours singly or colours in combination, was not exceeded in any of the samples. Worryingly, 14 of the samples of sweets (7%) contained colours that were not listed on the label (FSA, 2002). In December 2009 an Irish study (Connolly et al 2009) challenged the levels of additives used in the mixes given to children during the Southampton Study (McCann et al 2007). Using data collected during the National Children s Food Survey (594 children) and the National Teen Food Survey (441 teenagers) and data from the Irish National Food Ingredient Database (INFID), which contains information on 1859 foods, to estimate consumption levels of the Southampton additives among Irish children. Data from packaging collected during the surveys, along with that already in the INFID was used to calculate intake. The study concluded that general consumption of the colours was lower than the levels given to the children who took part in the Southampton Study, but that the consumption of Sodium Benzoate was higher on the whole. The Irish study noted that in some cases of estimated food additive intake, it was possible that certain individual children or teenagers may have intakes higher than the doses contained in the two mixtures of additives used in the Southampton study. For Mix B, 4 children reached the stated dose of Quinoline Yellow and 53 the dose of Sodium Benzoate. For Mix A, 15 individuals exceeded the dose of Sunset Yellow, 22 for Carmoisine, 53 Sodium Benzoate. No child exceeded the intakes on all seven days. 4.3 Enforcement and monitoring in the UK Summary Enforcement of food law is primarily the responsibility of local authorities in the UK and is carried out by council s environmental health and trading standards services. Centrally, the Food Standards Agency has statutory powers allowing it to set standards for and monitor the performance of local food enforcement authorities. Monitoring and enforcement of the use of colours in catering reflects the law surrounding food colouring. Use of the six colours is not illegal, but the level at which they can be used is set in law. Food enforcement agencies are responsible therefore, for ensuring that food colouring is not used at illegally high levels. They are not responsible for monitoring the use of colours per se Trading Standards 18

19 Food composition, including colour use, falls within the area of food standards and thus within the remit of around 200 local trading standards offices across the UK. As set out in section 4.1.1, use of the six colours in catering is not illegal in the UK but there are legal use levels. Trading standards offices are not responsible for monitoring the use of colours within catering. They are, however, responsible for ensuring that caterers do not exceed the permitted use levels where they are adding colour directly to foods. There is no requirement for trading standards offices to routinely test for colour use. Where testing is carried out, there is no requirement for any data generated to be made publicly available and there is no centralised collection of locally generated data. Trading standards offices may opt to carry out a specific survey or project in their locality, for example Surrey Trading Standards Surrey Curry Club initiative (see 4.4.2) Trading standards officers (TSOs) routinely look for colourings and ask about colour use during food standards inspections, but samples are only collected and sent for compositional analysis if the TSOs have reason to suspect higher than legal levels of colours are being used, or if the caterer has been found previously to use colours above the legal level (conversation with Clare Hodgson, November, 2009). Inspections are random and each trading standards office carries out a set number per year. The frequency of inspection of a catering business depends on whether that business has been specified as low, medium or high risk. When TSOs suspect that colouring is being used beyond the legal use levels, they can send a sample to their local Public Analyst for compositional analysis. There are only 24 public analyst laboratories for the UK. (The Food Magazine Issue 83, 2008) Local Government Regulation (LACORS) Local Government Regulation (formally The Local Authorities Coordinators of Regulatory Services, or LACORS) provides a link between local food enforcement and central government. Local Government Regulation is the local government central body responsible for overseeing local authority regulatory and related services. Local Government Regulation gives advice and guidance to local authorities as well as advising the FSA on food enforcement issues. Local Government Regulation carries out an annual, nationally coordinated food standards survey. It consults with councils throughout the UK to establish the annual sampling programme, produce a sampling protocol for chosen surveys, collate results, produce a summary report and produce a national press release. Participation by individual councils is optional and funded from councils own budgets. 19

20 Local Government Regulation has not previously looked specifically at the use of food colours in catering (Local Government Regulation spokeswoman, telephone conversation 2009). At the time of going to print however, Local Government Regulation is formulating the protocol for its national food survey. One of the areas chosen for work is: engaging with local takeaway businesses on the level of allergens, fat, salt and artificial colours in the food they sell. In practice there is a lot of flexibility in how local councils can take up the issue, opting to focus on health and nutrition or more on enforcement. The protocol is likely to be finished and sent out by the end of Summer 2010 (Local Government Regulation spokeswoman, June 2010) 4.4 The extent to which the six colours are used beyond legal levels in public and private sector catering Food standards compliance As noted in Section food is not routinely tested for colour levels. There is no centralised collection of data on instances of local authority trading standards officers finding use of food colours beyond the legal limit, though this is a recognised problem, as referred to in Section with reference to Surrey Curry Club. There is no requirement for reports relating to the use of colours beyond the legal limit to be available in the public domain. The Food Standards Agency UK s recent report on local authority food law enforcement (FSA, 2010) noted that, unlike food hygiene compliance, data for food standards, within which the monitoring of composition of food falls, was inconsistent and could not thus be summarised to give a national picture: There is no National Performance Indicator for compliance with food standards (labelling and composition) law, equivalent to NI 184 for food hygiene. In addition the nature of food standards work is increasingly intelligence or survey led, targeting specific areas of business activity especially in lower risk businesses. Preliminary analyses show the data to be hugely variable between authorities and potentially misleading. As such, summary compliance data for food standards has not been provided in this report, and the issue will be further discussed with authorities and relevant Agency policy teams. (FSA, 2010) In contrast to this, national summary data on food hygiene is available. The report also notes: 20

21 86% of inspected UK food establishments (434,470) were at a level equivalent to the top three tiers of the agreed national Scores on the Doors scheme, that is they were broadly compliant with food hygiene law or at a higher standard of compliance; 14% (71,283) of inspected UK establishments were rated by LAs as not being broadly compliant; Take-away establishments have the lowest levels of broad compliance, at 68.8% and Care Establishments the highest, at 96.2%. (FSA, 2010) Surrey Curry Club Surrey Trading Standards launched this enforcement and education initiative in 2003, 4 years before the publication of the Southampton Study. It is no longer running because it was only funded for a fixed term. Local curry restaurants were invited to be members of the club. Upon agreeing to membership, samples of dishes were taken and analysed to establish whether levels of all artificial colours used were within the legal limits. The Indian restaurant sector was chosen because of previously observed excessive levels of colour being added to dishes to achieve a perceived desired effect (conversation with Clare Hodgson 2009). By its third year the club had over 60 members. 58 samples of chicken tikka masala and 15 samples of rice were analysed for colour. 38% of the chicken samples were found to be in excess of the legal limits for colour. 60% of the rice samples were found to contain colour, which is illegal by dint of rice being classified as an unprocessed food (Wilman, 2006) Trading Standards survey An request was sent on The Food Commission s behalf to twenty public analysis laboratories across the UK to ask for suggested contacts at Trading Standards offices where work had been undertaken on the use of colours in catering. No other education initiatives similar to Surrey Curry Club were identified. The calls for information generated a limited response. One public analyst told us however: We have done a lot of work in the region, mainly in West Yorkshire, looking at azo colours in takeaways. The usual suspects are Tartrazine, Sunset Yellow and Ponceau 4R. (Duncan Campbell 2009, by ) He provided an example of use beyond legal levels in the form of a publically accessible report by the West Yorkshire Analytical Services, the public analyst for West Yorkshire trading standards for the year ending 31 st March 2009: 21

22 Six samples of takeaways were found to contain excess levels of artificial colour. One sample, assumed to be a single serving portion contained over 600 mg (0.6 grams) of Sunset Yellow. The acceptable daily intake (ADI) for Sunset Yellow is 1 milligrams per kilogram of body weight. (West Yorkshire Joint Services 2009). This means that you would have to weigh 600kg for that sample to be classed as safe to eat. 4.5 Use of the six colours within legal levels in public and private sector catering There is no body that collects data on the presence of the colours in foods sold in catering establishments. The Food Standards Agency UK has contacted all the major caterers (conversation with Clair Baynton 2009) whilst compiling its list of caterers with products free from the six colours which, as noted in Section 4.6.1, currently stands at Food Standards Agency surveys The Food Standards Agency Scotland has commenced work on a survey on the presence of the six colours in cakes and biscuits made by craft bakers in Scotland. This survey was commissioned by the Scottish Food Enforcement Liaison Committee. SFELC is a group that co-ordinates the food law enforcement and sampling and surveillance activities of Scottish local authorities and comprises representatives of central and local government, consumers and industry. The survey was funded by Scottish local authorities. The results are due to be available in the public domain in the middle of 2010, but are not available at the time of publishing this report. FSA Northern Ireland carried out a similar survey, but is still compiling the report (FSA spokeswoman, 2010, by ). FSA Scotland has also commissioned a research project to investigate the extent of usage of the six colours by Scottish SMEs (small and medium enterprises) This project aims to evaluate the progress of Scottish SMEs in response to the voluntary withdrawal of the six from food products. It will focus on SME manufacturers of soft drinks, cakes, confectionary and ready meals in particular, so appears to have more of a focus on foods sold via retail than by caterers. The results for this project will be available in the public domain towards the end of 2010 (Dr. Rachel Jamieson 2009, Scientific Advisor Food Standards Agency Scotland, by ). No other work or future Agency surveys on these colours are planned (FSA spokeswoman, 2010, by ). 22

23 4.5.2 Caterer survey findings 36 catering companies that supply both the public and private sector were asked the following 4 questions in December 2009: 1. Do you have any policy in place regarding use of food additives in foods that you supply or prepare? 2. Do any of the foods that you supply or prepare contain the Six colours listed above and if so, which foods or, which types of foods if you can t be specific? 3. If you do supply or prepare foods containing the Six colours, have you reduced your use since November 2007? If possible, could you say roughly by how much? 4. Would you be willing to sign up to the FSA list of caterers and restaurants with product ranges free from the six colours, or to any other voluntary initiative designed to decrease the use of the colours? Only 7 out of the 36 companies contacted responded. The companies that responded were: Brakes, Pizza Hut, Autograph, Punch Taverns, Subway, KFC and 7 Day Catering Limited. Below is a summary of their responses. 1. Do you have any policy in place regarding use of food additives in foods that you supply or prepare? 5 of the 7 said they had a policy in place. 1 gave an unclear answer, and 1 did not have a policy. 2. Do any of the foods that you supply or prepare contain the six colours listed above and if so, which foods or, which types of foods if you can t be specific? 5 of the 7 still had a product or products that contained one or more of the six colours. 1 said that their food and the children s menu was free from the colours, though they did not volunteer to specify whether all drinks were. 1 said that they did not have any foods which used the colours. 23

24 Where the colours were used: Brakes said that a luxury petit four selection used 1 or more colours, but that these would be removed by end of Autograph listed 18 branded confectionery items and drinks, including Cadbury products and Coca Cola products that still contained the colours. Punch Taverns listed five savoury products including onion rings, cocktail sausages, Sharwood s Tikka Paste, chorizo and mint sauce. Subway had a cookie that use Six colours, but said this would be phased out by end of March KFC said they had a very small volume of branded drinks that contained one or more of the colours, and that these drinks would be replaced during If you do supply or prepare foods containing the six colours, have you reduced your use since November 2007? If possible, could you say roughly by how much? For the two companies that had no products containing six colours this question was not applicable. The other 5 companies did not quantify by how much they had reduced their use of the colours, though all stated that they had reduced their use. 4. Would you be willing to sign up to the FSA list of caterers and restaurants with product ranges free from the six colours, or to any other voluntary initiative designed to decrease the use of the colours? All 7 of the caterers indicated that they would be willing to sign up to the FSA list. One company (Brakes) said that they planned to join at the beginning of In April 2010 we wrote again to the 29 companies that had not responded in December, and to 5 supermarket chains. 5 out of 29 companies, and 2 supermarkets sent responses, summarised below. 1. Do you have any policy in place regarding use of the colourings listed above in foods that you supply or prepare? Of the 5 caterers that responded, 2 (Pizza Express and Wimpy) had policies in place that specifically forbid sourcing of new lines containing the six colours. Of these 2, 1 (Pizza Express) said that it also avoided: E128 (Red 2G), E131 24

25 (Patent Blue V), E132 (Indigo Carmine), E133 (Brilliant Blue) and E151(Black PN). 1 of the 2 (Wimpy) said that its policy was to eliminate the six colours from any existing lines. One caterer (Eat) said that it had a policy to avoid artificial colours where possible. 2. Do you add any of the six colours listed above, or anything containing any of the six colours, to any of the foods that you prepare? If so, which foods or, which types of foods if you can t be specific? One of the caterers (Eat)used a Wasabi powder containing E102 in one of its sandwiches. One said that the cherries in a fruit cocktail it uses in the assembly of an ice cream desert may have E124 in. 3. Do any of the foods that you serve, but, that are not prepared by you, contain the Southampton colours listed above? If so, which foods or, which types of foods if you can t be specific? 1 caterer had two externally prepared products containing one or more of the colours, 1 caterer had 3 products, 1 had 6, 1 had eliminated all lines containing the colours but due to the longevity of shelf life of a syrup that contains E124, still has one product that may be in use. 1 caterer had 1 product. 4. Would you be willing to sign up to the FSA list of caterers and restaurants with product ranges free from the six colours, or to any other voluntary initiative designed to decrease the use of the colours? 4 of the 5 caterers said that they would be willing to sign up. 1 did not directly answer the question but indicated it was removing the colours. Supermarkets 2 out of 5 supermarkets also responded: Sainsbury s and Waitrose. Both of them do not sell any own label products that contain the six colours, which applies to foods sold via instore bakeries, counters and cafes. Sainsbury s is already on the FSA list of retailers with products free from the six colours (See 4.6.1). Waitrose said it would be happy to talk to the FSA. 4.6 Initiatives to reduce the use of colours in catering 25

26 4.6.1 Food Standards Agency list of caterers, restaurants and retailers with product ranges free from the six colours The FSA launched lists of retailers, manufacturers and caterers with product ranges free from the Six colours in February 2009 as part of its voluntary ban referred to in Section 1.2. There are currently 4 caterers and restaurants with product ranges free from the six colours (FSA 15 June 2010): Burger King, all products sold Debenhams Restaurants and Cafes, all products sold Domino s Pizza Group, all products sold McDonalds, only McDonalds own brand food and drinks. There are currently 9 retailers with product ranges free from the six colours (FSA 15 June 2010). The list includes 7 retailers who operate instore bakeries or prepare food on the premises (Asda, Co-operative, Londis, Marks and Spencer, Sainsbury s, Tessco, Wholefoods Market) from which products are legally exempt from being labelled (See 4.1.4): Asda,Asda own label products Co-operative group, Co-operative group own label products Holland & Barrett Ltd, Holland & Barrett own label products Iceland, Iceland own label products Londis, Londis own label products Marks and Spencer, Marks and Spencer own label products Sainsbury s, Sainsbury s own label products Tesco, Tesco own label products Whole Foods Market, All products sold in Whole Foods Market The School Food Trust voluntary code of practice for drinks provided in schools Food and drink served in schools can legally contain anything that is not outlawed by the FSA. There is however, a voluntary drinks code which forbids colours, artificial sweeteners and other additives except those necessary for stability, regulation of acidity, and the preservation of the integrity of fruit juices. Currently listed on the School Food Trust website (SFT, 10/3/10) as being signed up to the code are: 6 schools 10 drinks manufacturers 6 drinks suppliers 2 drinks distributers 26

27 1 caterer 4.7 Other FSA initiatives to improve food quality in private and public sector catering Healthy catering commitments This voluntary initiative was launched in 2008, the FSA signed up around 40 major UK caterers to commit to providing healthier choices (FSA, 2009). Each company has made different commitments, for instance in the area of salt reduction or menu planning. The list of companies was used to generate the caterer survey undertaken for this report. See section for their responses regarding questions on their use of the Southampton The Healthier Food Mark This is a voluntary accreditation scheme for public sector establishments promoting healthier more sustainable food. The scheme is being co-ordinated jointly by the Department of Health (DH); the Department for Environment, Food and Rural Affairs (Defra); and the Food Standards Agency (FSA). The scheme is being tested as a preconsultation pilot. A consultation on the scheme is planned in 2010 with a possible launch in Establishments can apply for a bronze, silver or gold mark. Nowhere within the criteria is any requirement to avoid the use of the Six colours, or any other additives (Department of Health, 2010) 27

28 5. Discussion Legal framework There is an inconsistency in the labelling law when comparing food sold by retail and food sold for consumption in catering establishments. Shoppers seeking to avoid the six colours are assisted to some extent by the presence of food labels that must state which colours have been used. No such label is required for foods that have been prepared for consumption on the premises. This includes much of what is sold in catering establishments and foods sold loose by retailers. This gap will widen further in mid 2010 with the addition of warning labels on food and drink products sold via retail containing the six colours. The decisions made by the EFSA in relation to the acceptable daily intake (ADI) levels of the colours raises wider questions about food safety in the European Union. Toxicological studies on animals appear to have been given precedence to behavioural studies on humans, and substances have to be proved unsafe, rather than proved safe. Consumption and use levels Noone knows at what level these colours are being consumed. In setting the ADI s, EFSA used consumption information that related to limited surveys of foods sold via retail (FSA, 2002) (FSA, 2003), so took no account of catered meals. In practice changing an ADI makes little or no difference to consumers, who have no way of monitoring the amount that they consume of any given substance. The FSA surveys used by EFSA also revealed that even where food is labelled, manufacturers sometimes flout the law. For the drinks survey, 4 out of 201 samples (2%) contained levels of either Sunset Yellow or Carmoisine in excess of the maximum permitted limit of 50 milligrams per litre in soft drinks. 4 other samples of drinks (2%) contained colours that were not listed on the label (FSA, 2003). For the colours in sweets survey, 5 out of 196 retail samples (2.6%) of packaged sweets contained levels of either Sunset Yellow or Carmoisine in excess of the maximum permitted limit of 50 milligrams per kilogram (mg/kg). Worryingly, 14 of the samples of sweets (7%) contained colours that were not listed on the label (FSA, 2002 The figures from the Irish study (Connolly et al, 2009) were generated from food packaging bought via retail. As many retailers who operate in the UK also operate in Ireland using the same product formulations, there are likely to be similarities in Irish and British consumption of the colours in food bought via retail. It should be noted that 28