Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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FSA Enforcement Letter (PLGEN24002), 2 January 2024
Summary:
When the UK left the EU, the list of novel foods, as it existed on 31 December 2020, was retained in GB law. At this point, there were no edible insects authorised as novel foods in the EU. Where we refer to edible insects being authorised, we mean both the specific species of edible insect and any consumer products containing that specific species as an ingredient would need authorisation.
The retained EU regulations included transitional measures which allowed certain edible insect species to remain on the market while novel food authorisations were being processed. We recognised that some edible insect species completing the EU authorisation process in the interim meant there was a lack of clarity as to which edible insect species continued to be eligible in GB. To address this, in December 2022 the retained novel food regulations were amended so that the EU transitional measures were operable in GB law.
Regulation 20 of the Food and Feed (Miscellaneous Amendments) Regulations 2022 clarified that from 1 January 2024, only those insects which met the EU criteria and were also the subject of an application under the novel foods regulations to the Great Britain (GB) authorities (FSA and Food Standards Scotland) submitted by 31 December 2023 could continue to be placed on the market until the application is determined. Suitable applicants should have been able to demonstrate having submitted a relevant application and the proof they fit the pre-existing criteria offered under the original transitional arrangements in the 2015 legislation.
After 1 January 2024, food products will only be able to remain on the GB market if a novel food application has been received in relation to that insect species before 31 December 2023. To date, we have only received valid novel food applications for the following edible insect species:
Food businesses that are currently selling an edible insect species for human consumption that are not listed above must immediately remove their food products from the market in GB and apply for novel food authorisation. Only once their food product has been authorised will they be able to place them back on the market in GB.
In Northern Ireland, there are similar transitional measures in place for 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, 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. Edible insects which are authorised to be placed on the market in Northern Ireland can be found on the Commission page: https://food.ec.europa.eu/safety/novel-food/authorisations/approval-insect-novel-food_en.
The requirements under Article 35 (2), Regulation (EU) No. 2015/2283 were that certain edible insects were allowed to continue to be placed on the market until the European Commission made a decision regarding authorisation, provided the product:
Since 1 October 2023, the Windsor Framework allows GB standards for public health in relation to food, marketing and organics to apply for pre-packed retail goods moved via the Northern Ireland Retail Movement Scheme (NIRMS). Under the Windsor Framework, foods which have been authorised in Great Britain, can be placed on the market in Northern Ireland if it is eligible for, and moved through NIRMS.
For the previous news item on this topic, see:
