Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
|
|
FSA LA Enforcement Letter (PLGEN23003), 12 January 2023
Summary: The Food and Feed (Miscellaneous Amendments) Regulations 2022 came into force on 31 December 2022. This amends the transitional measures in Article 35 of retained Regulation (EU) 2015/2283 on novel foods. This amendment introduced GB specific transitional measures, setting a deadline of 31 December 2023 by which applications for novel food authorisation of seven edible insects must be submitted in order to continue to be eligible for the measures.
Regulation (EU) 2015/2283 (‘2015/2283’) fully captured edible insects into the novel food framework for the first time. Thereafter, all edible insects, except the German cheese mite and flour mite, were considered novel foods, which require authorisation before being placed on the EU or UK market. To provide industry time to move to compliance, the European Union included transitional measures 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:
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). Therefore, in July, proposals were presented in a public consultation to clarify these transitional measures.
Regulation 20 of the Food and Feed (Miscellaneous Amendments) Regulations 2022 clarifies that from 1 January 2024, only those insects which met the EU criteria and are also the subject of an application under the novel foods regulations to the GB authorities (FSA and Food Standards Scotland) submitted by 31 December 2023 can continue to be placed on the market until the application is determined. Suitable applicants should be 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.
It is the FSA’s understanding that seven edible insect species are currently eligible to remain on the market under the transitional measures. After 1 January 2024, they can continue to remain on the market if a novel food application has been received in relation to that species before 31 December 2023. The seven insect species are:
Food businesses wishing to sell an insect for human consumption not covered the GB-specific transitional measures must apply for authorisation before placing their products on the market.
In Northern Ireland, EU Food Law relating to novel foods continues to apply under the current terms of the Protocol on Ireland/Northern Ireland. Article 35 (2), Regulation (EU) No. 2015/2283 provided for transitional measures for those 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 by the EU, 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 here.
A rapid risk assessment on the risk to consumers from consumption of the seven edible insects' products currently available in the UK market has been published. This found that the frequency of allergic reactions to edible insects in the general population to be very low and the severity of illness reported by consumers in relation to allergic reactions to edible insects is generally low. However, for a smaller subset of individuals with strong allergic reactions to shellfish (particularly crustaceans) and mites, the severity of illness has the potential of being high. If appropriate labelling is in place, this will help consumers with high reactivity to shellfish to minimise their exposure to these foods.
Food business operators should be encouraged to follow relevant industry guidance and good practice to appropriately label their products and ensure any labelling provided is accurate and not misleading.
