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The Danish Veterinary and Food Administration has issued a noteworthy draftproposal in the field of fortification (the "DraftProposal"). The DraftProposal is to replaceOrder number 1104 of 26November 2012 on the addition of nutrients to foods. If thisDraftProposal enters into force in its current form, individual fortification approvals will become available as generic fortification approvals.
The importance of the DraftProposal becomes clear if we look at the existing Danish requirements concerning fortification. Denmark is the only country in the EU that requires approval of foods fortified with vitamins andminerals before the food is placed on the domestic market. The reasoning behind this legislation lies in the political resistance to fortification. The prevailing political viewin Denmark is that there is no need to fortify food products when the Danish population can obtain the necessary vitamins and minerals from a balanced diet. Until the judgment in Case C-192/01, Denmark had an administrative practice that led to the marketing of fortified foods being systematically prohibited because the nutrients were deemed unnecessary for the Danish population.
InCaseC-192/01 the EuropeanCourt...