Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - UK - 2022

FSA Local Authority Letter (PLGEN22036), 30 June 2022

NOVEL FOODS - Retraction of 23 August 2021 letter titled ‘Update on the status of edible insects on the UK market’

Summary: The Food Standards Agency is retracting the 23 August 2021 letter which provided an update on the status of edible insects on the UK market following the end of the transition period under retained EU Regulation 2015/2283.

For the news item regarding the 23 August letter, see: 23 August 2021 NOVEL FOODS - Update on the status of edible insects on the UK market

Local authorities (LAs) will wish to be aware that the Food Standards Agency (FSA) is retracting the letter of 23 August 2021 which provided an update on the status of edible insects on the UK market following the end of the transition period under retained Regulation (EU) 2015/2283.

Background

The letter advised that whilst Regulation (EU) No. 2015/2283 was retained in GB law, the transitional measures for the marketing of edible insects no longer applied in GB, as they had ended on 2 January 2020. As such, Food Business Operators (FBOs) placing insects for human consumption on the GB market, excluding the German cheese mite which has a history of consumption, were not in compliance with retained Regulation (EU) 2015/2283.

The FSA also made LAs aware that the FSA was considering its policy regarding the marketing of insects in GB, including whether to introduce new GB-specific transitional measures.

Retraction of 23 August 2021 letter

The FSA is retracting its previous letter as it contained an error relating to the expiry of the transitional measures for the marketing of insects. The transitional measures did not end on 2 January 2020; rather that was the latest date by which applicants needed to submit applications for authorisation to the European Commission (EC) in order to trigger the transitional period in Article 35 (2) of Regulation (EU) 2015/2283. A new deadline for receipt of applications of 1 January 2019 was introduced in Implementing Regulation (EU) 2017/2469 which superseded the original date of 2 January 2020.

Accordingly, LAs should consider that the transitional provision continues to apply in GB.

Since the publication of the August 2021 letter, the FSA has also become aware of a second insect, Acarus siro mite (Flour mites), with a history of consumption to a significant degree across the UK/EU before 15 May 1997. As such, both the German Cheese Mite and the Flour Mite are regarded as not novel and can be placed on the GB market.

Northern Ireland

In Northern Ireland, EU Food Law relating to novel foods continues to apply under the current terms of the Protocol on Ireland/Northern Ireland. Article 35 (2), Regulation (EU) No. 2015/2283 provided for transitional measures for those products that were lawfully placed on the market in the EU to remain on the market in Northern Ireland. Until a final decision has been adopted by the EU, in respect of any application which meets the requirements under Article 35 (2), Regulation (EU) No. 2015/2283, these products may continue to be placed on the Northern Ireland market.

Consultation

The FSA/ Food Standards Scotland (FSS) intend to shortly issue a consultation proposing to amend Article 35 (2) of retained EU Regulation 2015/2283 to introduce a GB-specific transitional period for edible insects. The consultation is due to be launched in July, pending Ministerial agreement. Legislation introducing the GB-specific transitional period would come into force in late 2022. A further letter will be sent to LAs upon publication of the consultation via the Smarter Communications platform.

 

 


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