Foodlaw-Reading Dr David Jukes, The University of Reading, UK
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Food Law News - UK - 2024

FSA News Item, 3 April 2024

REGULATED PRODUCTS – FSA Consultation launched on proposed reforms to the regulated products authorisation process

FSA Consultation on proposed reforms to the regulated products authorisation process 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 is open until 5 June 2024. To respond to the consultation, see the FSA page: Consultation on proposed reforms to the regulated products authorisation process and see the link to the online form.

The Food Standards Agency and Food Standards Scotland (FSS) are seeking views on two proposed changes to the way we authorise regulated products. These changes will help us keep pace with innovation in the food industry, giving consumers a better choice of safe food.

Certain food and feed products called regulated products, which include food additives and flavourings, need to be authorised as safe before they can be sold. To do this this, the FSA and FSS carry out a robust risk analysis process and provide advice to ministers in England, Wales, and Scotland, who decide whether the product can be sold.  

The UK inherited the current authorisation process from the EU, and it is clear significant change is needed to modernise the system. This is so we can bring benefits to consumers through a wider choice of safe food, as new, innovative products come to market more quickly.

The joint consultation, launched today, details two proposed changes to the process and follows engagement with stakeholders and endorsement for the proposals from the FSA and FSS Boards.

The FSA and FSS would like to hear interested parties’ views on the potential impact, benefits and challenges around the two proposed changes. Views will be considered and will help inform our advice to ministers in England, Scotland and Wales. We expect to provide this advice in the Summer. 

The two reforms are as follows: 

• Removing the requirement to renew authorisations: The removal of the requirement for some products already authorised as safe to go through a reauthorisation process at fixed intervals of every 10 years, regardless of whether evidence on safety changes.  Around 22% of the current caseload consists of renewal applications, and this is expected to rise to over 50% by 2027.  Without reform, these cases will put considerable strain on the service, focusing resource on products with many years of safe use where, in the majority of cases, we do not anticipate any change in risk. All renewal applications to date have been approved.  The FSA/FSS already has powers to monitor new evidence and take required action at any time. We do this through our risk analysis process, following internationally agreed standards. We closely follow the work of other trusted international regulators and use surveillance to monitor food incidents globally.
• Removing the requirement to lay legislation to authorise regulated products: This is a change to allow authorisations, following approval by ministers, to come into effect following publication by the FSA/FSS (likely to be in the form of an official register), rather than setting them out in full in legislation.  The current process adds between a three- and six-month delay between an application being approved and authorisation. This change will shorten the administrative period before new, safe products can be sold.

The consultation is available on the FSA website and responses are required by 5 June 2024.

For previous news item on this topic, see:

• 22 March 2024 ADMINISTRATION - Highlights from March 2024 FSA Board Meeting: Discussions on regulated products reform and foodborne disease policy