Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - UK - 2020

FSA Enforcement Letter (PLGEN20002), 20 January 2020

NOVEL FOODS - Update on the status of insects following the end of the transition period

The following is the text of a letter submitted to enforcement authorities in England and available on the FSA Smarter Communications Platform (https://smartercommunications.food.gov.uk/):

Under the previous Novel Food Regulation (EC) 258/97, whole insects (including cricket powder if produced from the whole insect) could be sold in the UK but all other forms of insects were considered novel and needed to be authorised. However, under current regulations (EU 2015/2283), all insects are considered to be novel foods unless they are one of a very limited number of species that have been commonly consumed within the EU prior to 1997. We are only aware of one insect – the German cheese mite – with a history of consumption prior to 1997. Therefore, an authorisation is needed for all other insects.

In the UK, any species of whole insect marketed in the EU before the end of 2017 can continue to be sold subject to an application having been submitted by 1 January 2019. This is due to transition measures in the new novel foods regulations that allow foods that have been legally on sale in the EU prior to the new regulations to continue to be sold. The transition measures were intended to give businesses time to comply with the new requirements.

These transition arrangements, under the Novel Food Regulations (EU) 2015/2283, ended on 31 December 2019. However, several edible insects are currently going through the authorisation process in the EU and as these were submitted before 1 January 2019, the transition period is still relevant and in place, but only for those insects currently being assessed. This is in order to give additional time for these applications to reach a conclusion. Insects which are currently being assessed are:

As such, the above listed species should continue to be allowed on the market until such time as these specific applications have been completed. In contrast, other species of insect should no longer be marketed until after authorisation has been gained under the novel food regulations.


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