scholarly journals Challenges in translating scientific evidence into mandatory food fortification policy: an antipodean case study of the folate–neural tube defect relationship

2005 ◽  
Vol 8 (8) ◽  
pp. 1235-1241 ◽  
Author(s):  
Mark Lawrence
Keyword(s):  
Nutrition Education ◽  
Neural Tube ◽  
Neural Tube Defect ◽  
Scientific Evidence ◽  
Health And Safety ◽  
Monitoring And Evaluation ◽  
Scientific Uncertainty ◽  
Food Fortification ◽  
Supplement Use

AbstractObjectiveTo identify challenges in translating scientific evidence of a nutrient and health relationship into mandatory food fortification policy.DesignA case study approach was used in which available evidence associated with the folate–neural tube defect relationship was reviewed against the Australia New Zealand Food Regulation Ministerial Council's Policy Guideline for mandatory food fortification.ResultsThree particular challenges were identified. The first is knowing when and how to act in the face of scientific uncertainty. The second is knowing how to address the special needs of at-risk individuals without compromising the health and safety of the population as a whole. The third is to ensure that a policy is sufficiently monitored and evaluated.ConclusionsDespite the availability of compelling evidence of a relationship between a particular nutrient and a health outcome, a definitive policy response may not be apparent. Judgement and interpretation inevitably play significant roles in influencing whether and how authorities translate scientific evidence into mandatory food fortification policy. In relation to the case study, it would be prudent to undertake a risk–benefit analysis of policy alternatives and to implement nutrition education activities to promote folic acid supplement use among the target group. Should mandatory folate fortification be implemented, comprehensive monitoring and evaluation of this policy will be essential to know that it is implemented as planned and does more good than harm. In relation to mandatory food fortification policy-making around the world, ongoing national nutrition surveys are required to complement national policy guidelines.

scholarly journals THE CASE FOR “SUFFICIENT SCIENCE”: South African Poultry Association v The Minister of Agriculture, Forestry and Fisheries Case Number: 39597/2016 (21/9/2016) (Gauteng Division, Pretoria)

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Clive Vinti
Keyword(s):  
South Africa ◽  
South African ◽  
Scientific Evidence ◽  
Health And Safety ◽  
World Trade Organisation ◽  
Scientific Basis ◽  
Poultry Meat ◽  
Scientific Uncertainty ◽  
Phytosanitary Measure ◽  
Case Number

This discussion examines the role of the “sufficient science” requirement as the basis of a phytosanitary measure as postulated by the World Trade Organisation (hereinafter, “the WTO”) Agreement on the Application of Sanitary and Phytosanitary Measures (hereinafter “the SPS”), in South African law through the avenue of the decision of the court in South African Poultry Association v The Minister of Agriculture, Forestry and Fisheries (Case Number: 39597/2016 (21/9/2016) (Gauteng Division, Pretoria) hereinafter “SAPA”). This case was prompted by the Minister of Agriculture, Forestry and Fisheries’ promulgation of new regulations on permissible brine limits for individual chicken portions. These new regulations were promulgated in response to concerns that some chicken producers had used excessive amounts of brine, which compromised the quality of the chicken consumed by consumers. The new regulations capped the permissible brine limit on chicken at 15%. Consequently, the South African Poultry Association then approached the High Court challenging, inter alia, the lawfulness of the permissible brine limit as stipulated in the new regulations on the grounds that there was no scientific basis for the brine limits; and in the alternative, that the scientific basis relied on for the determination of the brining limits was fundamentally flawed. To this end, this paper argues that the court misdirected itself by failing to determine that the newly minted brine limit on poultry meat in South Africa constitutes a “phytosanitary measure” in the manner contemplated by the SPS. Secondly, the court flouted its obligation under the Constitution to ensure that the evaluation of the new brine regulations is in line with South Africa’s international obligations under the SPS and the instruments of the Codex Alimentarius Commission. On the back of this finding, the paper argues that the brine limit was incorrectly held to be valid because it was established in the absence of “sufficient science” thereby contravening Article 2.2, Article 5.1 and Article 5.2 of the SPS. Thirdly, the court neglected to examine whether the new brine limit was rationally connected to its risk assessments as required by Article 5.1 of the SPS. This finding invariably means that the new brine limit is presumed not to be based on scientific principles and to be maintained without sufficient scientific evidence. In the alternative, it is argued that the scientific process followed by the respondent could be seen as an exception to the “sufficient science” rule if the respondent argues that they pursued a precautionary approach in good faith, as a responsible government faced with a situation plagued by scientific uncertainty and a clear and imminent threat to public health and safety. Lastly, this paper argues that the court correctly held that the process followed by the respondent in establishing the views of the scientific community is in line with the SPS. It must be borne in mind that the discussion to follow is focused on the approach the court should have followed according to the SPS and it is not, an enquiry on whether the decision of the court is correct under the precepts of administrative law in South Africa.

B12 Level May Predict Neural Tube Defect Risk

2009 ◽  
Vol 39 (6) ◽  
pp. 20
Author(s):  
ELIZABETH MECHCATIE
Keyword(s):  
Neural Tube ◽  
Neural Tube Defect

An economic analysis of prenatal fetoscopic versus open neural tube defect repair

2020 ◽  
Author(s):  
B. C. King ◽  
J. Hagan ◽  
R. Corroenne ◽  
A. A. Shamshirsaz ◽  
J. Espinoza ◽  
...  
Keyword(s):  
Economic Analysis ◽  
Neural Tube ◽  
Neural Tube Defect ◽  
Defect Repair
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