Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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FSA Consultation, 13 July 2022
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FSA Consultation on transitional arrangements for edible insects in Great Britain A copy of the consultation document is available on this site (click on image). Provided under the Open Government Licence. The original document was accessed from: |
The consultation closes on 10 August 2022. For more details, see FSA Consultation Page. The following is taken from the opening sections of the Consultation Document:
Details of consultation
Introduction
The Food Standards Agency (FSA) has reviewed the policy approach to authorisation of certain edible insects in Great Britain (GB) within scope of the existing transitional measures in the novel food regulations retained from the European Union (EU) (see specifically Article 35(2) of retained Regulation (EU) 2015/2283).
The FSA welcomes your comments on the below policy proposal to introduce a legislated transitional measure, specific to GB, which will clarify the arrangements for businesses seeking a novel food authorisation for their edible insect product.
Background
Novel Foods
Novel foods are foods which have not been widely consumed by people in the UK or EU before 15 May 1997. This means that the foods do not have a ‘history of consumption’. Novel foods must be authorised before they can be placed on the market in GB.
The Novel Status of Edible Insects
All insects are considered to be novel unless they are one of a very limited number of species that were commonly consumed within the EU or the UK prior to 15 May 1997. In 2018, prior to the UK leaving the EU, the EU replaced its existing novel foods legislation with Regulation (EU) No. 2015/2283 (‘2015/2283’). The update captured whole edible insects within the framework for the first time. (Note: So far, only two insects have been identified that meet this criteria, being two species of cheese mite traditionally used in cheesemaking.)
Thereafter, all insects considered unovel would require authorisation before being placed on the EU or UK market. To provide industry time to move to compliance, transitional measures were included in Article 35(2) of 2015/2283. These allowed certain edible insects to continue to be placed on the market until the European Commission made a decision regarding authorisation, provided the product:
Following EU Exit, Regulation 2015/2283 was retained and now applicable in England, Scotland and Wales, including the transitional measures of Article 35(2) that apply to edible insects. This means that, from 1 January 2021, only edible insects authorised by FSA or FSS may be placed on the market in Great Britain, unless they are covered by the transitional measures.
While Article 35(2) was retained in UK novel food legislation, it was transferred without being adapted to the market or regulatory context in Great Britain (GB). The policy proposal below is seeking to address this.
The proposal is to provide a legislated transitional period in GB, which eligible edible insect businesses can use, and which will facilitate authorisation applications. The FSA and FSS have actively encouraged the edible insects industry to apply for authorisation through the UK’s Regulated Products Authorisation System One such application has been received to date.
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