Elimination of Industrially Produced Trans-fatty Acids: A Regulatory Drafting Tool

Abstract

Consumption of trans-fatty acids (TFAs) is a major cause of global morbidity and mortality. It has no known health benefits and is a major contributor to heart disease worldwide. It is estimated that TFAs cause about 260,000 deaths every year. To effectively reduce the consumption of TFAs, the Pan American Health Organization (PAHO) / World Health Organization (WHO) recommend that all countries eliminate industrially produced trans-fatty acids (iTFAs), the main source of TFAs in the human diet, from their national food supply. This publication has been designed to assist government agencies and ministries in developing or reforming national legislation or regulation aiming to eliminate iTFAs from the food supply in their countries. While useful for legally trained readers, this publication is also intended for a nonlegal audience wanting to advance iTFA elimination through regulation. Decision-tree questions are used to help users of this tool populate a context-specific iTFA elimination regulation that aligns with PAHO/WHO best practices. It covers the important provisions to be considered in the text of the regulation, such as those granting legal authority to adopt a TFA regulation, defining the scope of the regulation, creating an inspection and enforcement framework, and setting an effective date. The publication provides a practical overview of key legal aspects of iTFA elimination, focusing on evidence-based, effective, and tested approaches. It provides guidance on how to draft regulations to implement the PAHO/WHO-recommended iTFA elimination policies, as well as supplementary provisions shown to support their effectiveness.