Food Fortification Regulations, 2020

LESOTHO Government Gazette Vol. 65 Friday - 7th February, 2020 No.8 CONTENTS No. Page LEGAL NOTICES 8 Food Fortification Regulations, 2020 .............wrr.ecmnieneee s 55 9 Education (Teaching Service) Regulations, 2020 ..............r.20ccs.Wm..0vcs... 64 Published by the Authority of His Majesty the King Price: M9.50 5 LEGAL NOTICE NO. 8 OF 2020 Food Fortification Regulations, 2020 Pursuant to section 71 of The Public Health Order, 1970', 1, NKAKU KABI Minister responsible for health, make the following Regulations Citation and Commencement E These Regulations may be cited as the Food Fortification Regulations 2020 and shall come into operation on the date of publication in the Gazette. Interpretation 2, In these Regulations, unless the context otherwise requires “Authorized Officer” means a person designated to perform duties under clause 10(2)by the Minister in writing either generally or specifically to act in matters under the provision of this regulation; “Designated Authority” means an Organization designated by the Minister to undertake activities the Minister deems fit; “Certificate of Compliance” means a Certificate provided by the suppliers based on tests conducted on the product to confirm compliance; “Edible Oil” means vegetable oil natural or commercially produced for human consumption; “Food Vehicle” means foodstuff that is selected to carty specific micronutrients as described in these Regulations, specifically wheat flour, maize flour, oil and sugar; “Fortificant” means the prescribed chemical compounds added to food to provide specified micronutrients; 56 “Food Fortification” means addition of one or more micronutrients to foods in order to address an identified micronutrient deficiency among the population; “Hammer Mill” means a mill used to crush grains using the repeated action of small hammers on grains; “Fortification Mix” means premix blend of fortificant and diluents formulated to provide specified and determined amounts of micronutrients; “Fortification Logo” means a symbol authorized by the Ministry for use on packaging or label of certain foodstuffs to signify adequacy in terms of micronutrient fortification; “Fortified Food” means food to which one or more essential nutrients have been added; “Fortified Maize Flour” means maize flour to which vitamins and minerals have been added according to local standard specifications: “Fortified Wheat Flour” means wheat flour to which vitamins and minerals have been added according to local standard specifications: “Manufacturer” means a person engaged in production, preparation, processing, fortification, compounding, formulating, filling. refining, packing and labeling of food; “Micronutrient” means a natural or synthesized vitamin, mineral or trace element that is essential for growth, development and maintenance of life. A deficit of which will cause biochemical and physiological changes; “Minister” means Minister responsible for health; “Monitoring” means the systematic process of collecting, analyzing and using information to track a program's progress toward reaching its objectives and to guide management decisions; “Order” means Lesotho Public Health Order 1970, Order No 12 of 57 1970; “Premix” means a blend of food fortificant produced to be added to a food vehicle during fortification; “Quality Assurance” means a set of procedures undertaken by the manufacturer to verify that a product does comply with set standards. This involves sample collection and testing of final product; “Quality Control” means a set of procedures undertaken by the manufacturer to verify that a product does comply with set standards. This involves sample collection and testing of final product; “Refined wheat Flour” means a wheat flour that has been milled and to which vitamins and minerals area added; and “National Standards” means a food standards produced or adopted by the Lesotho Government for the food vehicles of interest. Application 3 These Regulations apply to all food vehicles fortified foods with mi cronutrients and minerals for human consumption. General Provisions 4. (1) The Minister shall (a) be the holder of the official food fortification logo and shall authorize, regulate an issue logo guidelines; (b) promote the mandatory fortification of identified staple foods in accordance with national standards; and (c) monitor the implementation and enforcement of these Regulations and take the appropriate action in case of breach thereof. (2) Any person who manufactures, imports and sells foodstuffs iden tified for a mandatory fortification, shall be guilty of an offence if the quality of 58 the product is not in accordance with national standards. (3) National standards on food fortification shall serve as the basis for addition of micronutrients to food stuffs to avoid under and over fortification as well as misleading label claims. Fortification of Foodstuffs 5 A person shall not manufacture, import or sell food stuffs identified as fortified unless the foods are fortified in accordance with national standards. 6. The Minister shall identify the foods to be fortified under a mandatory requirement from time to time and cause them to be gazetted. Staple foods that shall be fortified include (a) Wheat flour with vitamins and minerals, (b) Maize flour (with vitamins and minerals, (c) Cooking oil with vitamin A (d) Sugar with vitamin A. yE For these Regulations, foods that are mandated to be fortified are wheat and maize flour however; the minister responsible may from time to time add from the list as when necessary and properly gazetted. Fortificant 8. (1) The manufacturer shall (a) ensure that fortificants used have been approved as appropriate by the Minister and as prescribed in the relevant standards; and (b) review and keep the Certificate of Compliance for every batch imported for reference and review by inspectors. 59 @) The importer shall ensure that the fortified foods have been for tified using premixes whose specifications are approved as appropriate by the Minister and as prescribed in the relevant standards. Amendments of Schedules 9 The Minister may at any time, amend any schedules prescribed in these regulations. Exemptions of Fortification 10. Producers of maize and wheat flour at hammer mills shall be exempted from mandatory fortification unless they pack the maize and wheat flour for commercial purposes, and in branded labelled packaging. Quality Assurance, monitoring and enforcement activities 1 The Minister, or designated authority shall (a) Provide Quality Assurance, monitoring and enforcement activities for fortified foodstuffs; (b) Provide for the examination and analysis of official samples fortified foodstuffs in an accredited laboratory; (c) Establish a monitoring system to check quality and safety of any fortified foodstuffs, manufactured, imported or sold in Lesotho to ensure compliance with national standards; (d) Carry out random spot-checks at @) points of entry for imports (ii) factories or warehouses of fortified food stuffs (iii) manufacturers or importers (iv) wholesale points 61 (a) Results of audit assessments; (b) batch, lot number and quantity from which the sample was collected for analysis; (c) sample size that was analyzed and the test that Was used; (d) The analysis result and the person who performed the analysis; (e) the date, time and place of inspection and analysis; and ) any other activities that may have been carried out including the nature of activity and its findings. Labelling 16. In addition to the labelling requirements set by the national standards, fortified foods shall be conspicuously labelled including the following (a) () (c) (d) (e) The word fortified immediately prior to or after the common name of the food; Specific name and amount of each micronutrients added into the food, in milligrams per 100grams in the case of solids or mg per 100mL in the case of liquids; All information printed shall be legible and in indelible ink; The label of the product shall bear the food fortification (national fortification logo); Minimum information appearing on the label shall include the following (1) Name of the food, (i) Name and physical address of importer, manufacturer, distributor, seller, and exporter as 62 is applicable (iii) — Lotor batch number (iv) NetWeight () Expiry date Use of the Fortification Logo 176 No person shall use the fortification logo without satisfying local re quirements for using the logo as provided in local fortification guidelines. 18. Use of the fortification logo shall only be allowed upon written author ization from the Ministry responsible for managing the logo. 19. Where the fortification logo is adopted, the logo shall be printed in a prominent position on the main panel, in bold print against a contrasting or clear background on all types of packaging materials. 20. The logo may be printed in colour or black and white. 21, The Minister or the Authority may suspend or revoke certificate for food fortification upon satisfaction that the requirements for manufacture of fortified food, based on applicable checklist in use at the particular time, are not complied with. Offence and Penalty 22 Any person who contravenes any provisions of these Regulations com mits an offence under this Act and will be liable on conviction to imprisonment not exceeding fifteen years or a fine not less than M15 000.00 or both and shall have items in contravention impounded. 23, The court may order the unfortified items to be destroyed or disposed off in a manner prescribed by the Minister. DATED: 63 NKAKU KABI MINISTER OF HEALTH NOTE Order No. 12 of 1970