Following a special meeting to discuss how the system could work, EFSA said it has considered an "across the board" system, with a "limited number" of exceptions for certain foods or food categories.
An EFSA spokesperson said: "[We are] reviewing the scientific basis for defining a limited set of food categories for which such exemptions could be applied by risk managers, based on their nutrient content and contribution to diet."
The meeting assembled around 100 experts and stakeholders from Member States, academia, consumer and public health organizations, food manufacturers and retailers, at a meeting in Parma. The team also agreed that the final system should be simple and be able to provide a boost to manufacturers to improve the nutritional value of foods.
The body said it is on schedule to provide scientific advice to the Commission on nutrient profiles - one of the most controversial elements of the health claims regulation - by next month.
Their views will be taken onboard when EFSA's panel on dietetic products, nutrition and allergies draws up the final piece of advice,.
The concept of nutrient profiling, also known as article 4, was introduced to address concerns that health claims on foods high in substances such as fats and salt would lead to more consumption and contribute to rising obesity levels.
The European Commission needs to establish a nutrient profiling system by January 2009. EFSA's role is to explain the positive and negative aspects of different approaches.
Critics
The concept has been vigorously attacked by many in the food industry who say that foods currently accepted as healthy, such as margarine with phytosterols, calcium-enriched fruit juice or iodised salt, would gain an unfavorable nutrient profile under this law.
Patrick Coppens from the European Responsible Nutrition Alliance told NutraIngredients.com that it would be better for consumers to have a system which looks at each category and not an across the board approach.
"If you asked me as a nutritionalist, I would be very critical. You have to consider each category independently," he said.
"Chocolate is high in fat, and as a consumer I would not stop eating chocolate, because of profiling. But if there was one with less fat I would prefer to eat that one."
One main thread of criticism of the nutrient profiling system has been due to the vague nature of how the nutrient content will be assessed.
This August food law consultancy firm EAS said "What we have for the moment is a long list of questions: Should profiles be established across all foods or per food category? And how would you determine the relevant food categories? What nutrients should be taken into account?"
Trade organisation the European Federation of Associations of Health Product Manufacturers (EHPM) has asked that food supplements should be exempted from the rule.
EHPM said the profiling system should not apply to supplements as levels of sugar, salt and fat are generally very low or absent.
EFSA is now working with the Commission and Member States to test different profiling models, and is collecting food composition data from national and commercial sources to develop an EU-wide database of nutrient contents of foods.
