Food Law News - UK - 2010


FSA Letter, 28 October 2010

ADDITIVES – Updated Additive Directives and application to the UK

I am writing to let you know that Commission Directive 2010/69/EU (the 7th amendment to Directive 95/2 on food additives other than colours and sweeteners) was published in the Official Journal of the European Communities on 22 October 2010.  As you will see, the new Commission Directive permits a number of newly approved additives and new uses of existing additives. See: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:279:0022:0031:EN:PDF

Although Member States have until 31 March 2011 to transpose Commission Directive 2010/69/EU into national law, in England the provisions of the new amending Directive will come into effect at the same time as it enters into force  i.e. 20 days after its publication in the Official Journal. This has been effected by an ambulatory reference to the Annexes to Directive 95/2/EC at regulation 2 (4) (6) of the Food Additives (England) Regulations 2009.  This means that companies will be able to benefit from the provisions in Directive 2010/69 with effect from 11 November 2010.

Purity criteria for the newly approved additives in Directive 2010/69 have been published in Directive 2010/67/EU amending Directive 2008/84/EC (see link below).  The provisions of Directive 2010/67 will need to be transposed into national law and we will shortly be circulating for comment draft implementing regulations.  See: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:277:0017:0026:EN:PDF


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