International row brews over Codex draft melamine limit

CL 2011/16 CF, ‘Draft Maximum Levels for Melamine in Liquid Infant Formula’ covers the unintentional presence of melamine in liquid infant formula.

Melamine is a chemical used in a variety of industrial processes - including some food contact surfaces in processing plants, can coatings and the manufacture of plastics used for dishware and kitchenware.

Traces of it unavoidably get into food by contact without causing health problems, but that the substance is toxic at high levels.

Countries across the world have responded very differently to the draft, while broadly agreeing with the Codex Alimentarius Commission (CAC) proposal that the maximum limit (ML) on melamine in liquid infant formula be set at 0.15mg per kg.

But a controversial note added to the document states: “The maximum level does not apply to liquid infant formula for which it can be proven that the level of melamine higher than 0.15mg/kg is the consequence of migration from food contact materials taking into account any authorised migration limit.”​

Global standard setting spirit​

But Costa Rica said in its submission on the draft (national comments are due to be discussed at a meeting in The Netherlands on March 26-30): “The spirit of international standard setting is precisely the standardization of the parameters to be defined…to facilitate trade and protect the health of consumers.​

“In this sense, including this note allows establishing exceptions according to the criteria of each country, and thus the effects of homologation [approval] are lost and the ML is left basically free.​

“We maintain our position especially in this case concerning a food intended for vulnerable infants, where no exception should be allowed.”​

The Dominican Republic, Uruguay, Sri Lanka, Colombia and Chile also supported suppressing the note, but New Zealand said it thought that some of the concerns missed the point.

The nation stressed that – to be acceptable – any level above 0.15mg/kg must be proven as the result of normal melamine migration from food contact materials, and must conform to national legislation.

'Simply opt-out', New Zealand​

Any country could simply opt-out of the exemption, New Zealand said, and drew attention to Committee statements making it clear that MLs were being proposed for melamine to ensure that deliberate adulteration of foods was not allowed.

“The reality is that migration of melamine is known to occur from some food contact materials, and the liquid infant formula is manufactured in a different process than simply reconstituting powdered infant formula, and hence the proposal to have the stated note…”​

Australia said it supported the proposed ML, and said that maximum levels in liquid infant formula should be equivalent to that used for powdered formula (1 mg/kg); when reconstituted in water such powders give a limit of 0.142mg/kg, consistent with the proposed liquid limit.

The nation expected melamine levels arising from food contact materials to be considerably less than 0.5mg/kg, with Australian manufacturers predicting levels below a 0.05mg/kg detection limit.

“Whilst the removal of the exemption conditions would not cause problems for the Australian industry, we do not know whether there is a potential for different processing to result in levels exceeding 0.15mg/kg," ​the nation said.

“However, the proposed level – with an exemption where it arises as a result of the migration from food contact materials, is still within safe levels given that the levels that would arise from migration are likely to be considerably less than 0.5mg/kg.​