T.C.
TARIM ve KÖYÝÞLERÝ BAKANLIÐI
Koruma ve Kontrol Genel Müdürlüğü
Communiqué on Foods Intended for Particular Nutritional Uses
Authorization Law: Turkish Food Codex
The Official Gazette: 22.04.2002-24734
Communication No : 2002/34
Objective
Article 1- The objective of this Communiqué is to determine the rules for the packaging, labelling and advertising of foods intended for particular nutritional uses as well as the groups thereof.
Scope
Article 2- This Communiqué covers foods intended for particular nutritional uses.
Legal Basis
Article 3- This Communiqué has been prepared according to the “Turkish Food Codex Regulation” published in the Official Gazette dated 16/11/1997 and with repetitive number 23172.
Definitions
Article 4- The following term in this Communiqué shall have the meaning assigned thereto:
Foods intended for particular nutritional uses: Foods which, due to their special composition or manufacturing process, may clearly be distinguished from foods for normal consumption; that are suitable for their claimed particular nutritional uses, and that are placed on the market in such a manner so as to indicate such suitability.
Product Specifications
Article 5- The specifications of the products that are covered in this Communiqué are given below:
a) When used, foods intended for particular nutritional uses must fulfil the nutritional requirements of the persons specified below.
i) Persons whose digestive system or metabolism are disturbed
ii) Persons who, are in a particular physiological state and who are therefore able to obtain special benefits from controlled consumption of certain substances in foodstuffs
iii) Infants and young children in good health
b) The products stated in indents (i) and (ii) of Article 5 may be characterized as “dietary”.
c) The composition or nature of foods intended for particular nutritional uses must be such that these products are appropriate for the particular nutritional use intended.
d) Foods intended for particular nutritional uses must also comply with the provisions that are mandatory for foodstuffs intended for normal consumption.
e) The specific provisions applicable to the groups of foods intended for particular nutritional uses stated in Annex-1 must be laid down by their specific product communiqués. These communiqués must contain in particular the following:
- Essential requirements for the composition or nature of the products,
- Provisions related the quality of raw materials,
- Hygiene requirements,
- Permitted modifications within the framework of paragraph (d) of article 5,
- List of additives,
- Provisions related to labelling, presentation, and advertising,
- Sampling and methods of analysis.
Packaging and Labelling
Article 6- For the labelling of the products covered by this Communiqué, in addition to the provisions laid down in the section on Labelling of the Turkish Food Codex Regulation, the following provisions shall also apply.
a) The labelling and labelling methods as well as the advertising and presentation of foods intended for particular nutritional uses must not be done in a way so as to indicate or imply that those products possess the properties of prevention, treatment or cure of diseases.
b) The statement in paragraph (a) of this article does not impede the dissemination of information and recommendations that may be useful for doctors, nutrition specialists/dieticians or pharmacists.
c) The following expressions are not allowed in the labelling, presentation and advertising of foodstuffs for normal consumption.
i) The use of the word “dietary” either alone or in conjunction with other words,
ii) All markings or presentations which may give an image that the foodstuffs for normal consumption are similar to foods intended for particular nutritional uses.
d) The particular nutritional characteristic of product shall be specified; however, for the products mentioned under paragraph a(iii) of article 5, instead of the particular nutritional characteristic, the intended uses of the product must be specified.
e) The labelling of products for which individual communiqué has not been published like gluten free foods and foods with reduced or no salt must include the following:
i) The names and quantities or the special manufacturing process of the particular elements found in the composition of the product, which give the product its particular nutritional characteristic;
ii) The energy value expressed in kj or kcal and the carbohydrate, protein and fat content per 100 g or 100 ml of the product as sold and, where necessary, per specified quantity of the product as proposed for consumption.
f) If the energy value is less than 50 kj or 12 kcal per 100 g or 100 ml of the product as sold, the words “Energy value g” or “Energy value less than 50 kj or 12 kcal per 100 ml” may be stated on the label.
g) The rules for the labelling of those foods intended for particular nutritional uses, for which a product communiqué has been published must be as stated in the individual communiqués thereof.
h) The products covered by this Communiqué shall only be sold on the retail market in prepackaged form and the packaging shall completely cover the product.
Registration and inspection
Article 7- The establishments that produce and sell the products covered by this Communiqué shall comply with the provisions of this Communiqué during registration and allowance, importation, control and inspection. The establishments that do not comply with these provisions will be subject to legal proceedings according to the provisions of the Decree Having the Force of Law No.560 and dated 24/6/1995 on Production, Consumption and Inspection of Foods.
Inspection
Article 8- The provisions of this Communiqué are inspected by the Ministry of Agriculture and Rural Affairs and the Ministry of Health according to the Decree Having the Force of Law No.560 and dated 24/6/1995 on Production, Consumption and Inspection of Foods.
Provisional Article 1- Presently active establishments which produce and sell the products within the scope of this Communiqué are obliged to obey the provisions of this Communiqué within 1 year. The establisments and sales places that fail to make the necessary arrangements within the said period of time will not be allowed to continue their operation. Such establishments will be subject to legal proceedings according to the provisions of the Decree Having the Force of Law No.560.
Enforcement
Article 9- This Communiqué enters into force on the date of its publication.
Execution
Article 10- The provisions of this Communiqué are executed by the Minister of Agriculture and Rural Affairs and the Minister of Health.
ANNEX 1
Among those products that are covered in this Communiqué, those foodstuffs for which individual product communiqués have been or shall be published are specified below:
1) Infant foods and infant formulae (Official Gazette dated August 28, 1998 and No.23447)
2) Follow-on infant foods and follow-on formulae (Official Gazette dated August 16, 2000 and numbered 24142)
3) Supplementary foods for infants and young children (Official Gazette dated September 2, 2001 and No.24511)
4) Energy restricted foods for weight reduction purposes (Official Gazette date December 24, 2001 and No.24620)
5) Dietary foods for special medical purpose (Official Gazette dated December 24, 2001 and No.24620)
6) Foods for sportsmen
7) Foods intended for people suffering from disorders of carbohydrate metabolism (diabetes)