Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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FSA Enforcement Letter (PLGEN23008), 2 February 2023
Summary: The European Union (EU) have authorised the use of enzymatically produced steviol glycoside (E 960c) as a food additive, published in Commission Regulation (EU) No. 2021/1156, which is applicable in Northern Ireland only. This has also amended the designation of the existing food additive E 960 to E 960a. This regulation came into force on 03 August 2021, with an 18-month transition period, ending on 02 February 2023. E 960c is not currently authorised for the GB market, and no consequential changes have been made as a result.
We wrote to you on 30 June 2022 to inform you of changes in Europe to the authorisations for steviol glycosides, this followed the European Union (EU) authorising the use of enzymatically produced steviol glycoside (E 960c) for use as a food additive, published in Commission Regulation (EU) No. 2021/1156. This regulation came into force on 03 August 2021, with an 18-month transition period, which ends on 02 February 2023. After this transition period, products placed on the market in the EU (and Northern Ireland) must indicate E 960a (if the steviol glycoside is derived from stevia) and E 960c (if it contains enzymatically produced steviol glycosides).
Following industry questions this update is being issued to clarify the situation and to confirm that in GB only steviol glycosides E 960 are authorised and must be labelled accordingly.
Use of Steviol Glycosides as a food additive
Steviol glycosides (from the stevia plant) are non-nutritive sweeteners used in jams, chewing gum, drinks, yogurts, and confectionery. It is also available in pure form for use in tea, coffee, and baking.
Current position in Northern Ireland
Under the terms of the Protocol on Ireland/Northern Ireland (NIP), Annex II, EU Law continues to apply in Northern Ireland and therefore this authorisation is applicable for the Northern Ireland market. This regulation came into force on 03 August 2021, with an 18-month transition period ending on 02 February 2023. Foods currently containing steviol glycosides produced from stevia are currently labelled as E 960. The new authorisation of E 960c has indirectly affected the labelling of E 960 which now must be amended to E 960a within the 18-month transition period. After the transition period ends, products containing the renamed E960a should no longer be identified as containing E 960. However, foods already on the market will be able to stay on the market until they reach their date of minimum durability or ‘use by’ date. The Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013 provisions will apply regarding enforcement of the use of these substances.
Current position in Great Britain
This change does not affect the GB market, where only steviol glycosides derived from stevia are authorised (E 960). A similar application for the use of E 960c (enzymatically produced steviol glycosides) has been received and is being processed through the UK Regulated Products Application System. This is still under consideration, and no outcome has yet been reached.
If the new enzymatically produced steviol glycosides are authorised in GB this will have a uconsequential effect on the designation of stevia glycosides produced from stevia, however until this happens, stevia on the GB market should continue to be labelled as E 960 or as steviol glycosides. E 960c is not currently authorised for use as a food additive.
Following the communication in June we had a number of calls for a ‘concession’ in the labelling to be applied, allowing steviol glycosides currently authorised (E 960) to be reflected on labelling as ‘steviol glycosides from stevia’ to overcome labelling issues from businesses supplying both markets. The FSA is unable to grant any such ‘concession’, as the FSA is not responsible for enforcement and has no basis upon which to advise food authorities not to enforce the legislation therefore this follow up communication is to confirm the position. Until such time as new authorisations are granted in GB and the retained EU legislation 1333/2008 and 231/2012 are updated only the specifications for steviol glycoside (E 960) are allowed to be used in foods destined for the GB market and must be labelled according to current REUL i.e.: sweetener E 960 or sweetener steviol glycosides.
Whilst enforcement of this may be considered by the food authority very low priority as it is not a safety concern, it must be noted products labelled other than E 960 or steviol glycosides are deemed non-compliant
For previous news item on this topic, see:
