Food Law News - UK - 2004

FSA Consultation Letter, 28 September 2004

FLAVOURINGS - Consultation on Draft Smoke Flavourings (England) Regulations 2004

Consultation on draft regulations enforcing provisions of Regulation (EC) 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods. Responses are requested by: 21 December 2004

Consultation details

Regulation (EC) No. 2065/2003 of 10 November 2003 was published in the Official Journal of the European Communities (L309) on 26 November 2003. This regulation establishes Community procedures within the European Union for the safety assessment and authorisation of primary products and/or derived smoke flavourings intended for use in or on foods

What are smoke flavourings?

Article 5(1) of Council Directive 88/388/EEC (the Flavourings Framework Directive) provides for the adoption of appropriate provisions concerning source materials (e.g. untreated woods) used in the production of smoke flavourings and the reaction conditions under which they are prepared. The directive defines a smoke flavouring as 'a smoke extract used in traditional foodstuffs smoking processes'.

Regulation (EC) No. 2065/2003 provides definitions for 'primary smoke condensate', 'primary tar fraction', 'primary products' and 'derived smoke flavourings:'

What will the proposed regulations implement?

Regulation (EC) No. 2065/2003 harmonises the scientific evaluation, authorisation and use of smoke flavourings within the European Community. The Smoke Flavourings (England) Regulations 2004 will enforce the following provisions detailed in Regulation (EC) No. 2065/2003:

These provisions are scheduled to come into force on 16 June 2005 as they apply to the establishment of an initial Community list of authorised primary products. Until the list is established, national provisions may continue in force. Although the UK does not have specific national provisions in place governing the authorisation and use of smoke flavourings, the use of smoke flavourings is subject to the general requirements of Food law.

Devolved administrations

Colleagues in Scotland, Wales and Northern Ireland are drawing up their own Regulations to implement the new EC Regulation and are carrying out similar consultation exercises.

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