Consideration of possible legislation within existing regulatory frameworks.

Legislation on a particular food or on a particular claim to be used in connection with a food require a definition of the food and unequivocal requirements for the use of the claim. The definitions of prebiotics and probiotics presently place these terms between the categories for conventional foods and foods for special dietary uses. Because probiotics and prebiotics, as a group, do not fulfill the criteria for special dietary uses, they have to comply with the rules and laws for conventional foods even if the requirements for the use of the terms prebiotic and probiotic include effects on body functions. These effects on the health and wellness of the consumer and to stimulatory activity, eg, body defense mechanisms, can be used in claims that should underline the importance of the total dietary pattern. It is suggested that setting up rules for the use of the terms prebiotic and probiotic is preferable to creating new food standards.