Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - UK - 2023

FSA LA Letter (PLGEN23031), 15 May 2023

ADDITIVES / NOVEL FOODS - The Food Additives, Food Flavourings and Novel Foods (Authorisations) (England) Regulations 2023

Summary: The Regulations allow two novel foods, one food flavouring and one food additive to be distributed and available on the market in England.

Local authorities (LAs) will wish to be aware that The Food Additives, Food Flavourings and Novel Foods (Authorisations) (England) Regulations 2023 came into force on 15 May 2023.

The Regulations allow two novel foods, one food flavouring and one food additive to be distributed and available on the market in England.

Of the two novel food authorisations, one is the authorisation of a new novel food, and one is an extension of the authorised uses for an existing novel food. The Regulations will update the list in retained Commission Implementing Regulation 2017/2470 to add one novel food and extend the authorised uses of a second novel food. The GB register of authorised novel foods will also be updated.

The food flavouring authorisation is for a new food flavouring. The Regulations will update the list in retained Regulation 1334/2008 to add one new food flavouring. The GB register of authorised flavourings will also be updated.

The food additive authorisation relates to a new production method of an existing authorised food additive, which has resulted in a change to its name and E number for labelling purposes to allow the consumer to differentiate between the additives made with the existing and new production method (E 960 will become E 960a and the new additive is E 960c). The Regulations will update the list in retained Regulation 1333/2008 to add a new food additive and add a new specification to reflect the new production method for the food additive. Currently there is not a GB register for authorised food additives. The Regulations also include a transitional measure which allows the food additive and foods containing it to continue to be labelled with the uprevious name or E number for a period of 18 months (until 14th November 2024) to allow for existing stocks of packaging and labels to be depleted.

The Regulations will also update the list in retained Regulation 1333/2008 of authorised food additives to correct two typographical errors relating to the E number for a food additive, where the food additive Advantame had twice been allocated the incorrect E number (E 960). The correct E number for Advantame is E 969.

Details of the products can be found in Annex 1 below. Separate legislation has also come into force in Wales and Scotland. The novel foods, food flavouring and food additive are already authorised for use in the European Union (EU) and Northern Ireland.

The Regulations update the lists for authorised novel foods, food flavourings and food additives to provide the terms of authorisation under the which the two novel foods, food flavouring and food additive may be used in England. The terms of authorisation are the same in England, Wales, and Scotland. At the time of writing, the terms of authorisation are substantively the same as those under which the two novel foods, food flavouring and food additive may be marketed in the European Union (EU) and Northern Ireland. Please refer to the relevant EU Regulations for up-to-date information, which can be found on the EUR-Lex website.

Annex 1 – Named Novel Foods, Flavouring and Food Additive

Product

Authorisation Type

Vitamin D2 mushroom powder

New Authorisation

3-(1-((3,5-dimethylisoxazol-4-yl)methyl)-1H-pyrazol-4-yl)-1-(3-hydroxybenzyl)imidazolidine-2,4-dione

New Authorisation

E 960c Enzymatically produced steviol glycoside

New Authorisation (new production method of existing authorisation)

UV-treated baker's yeast (Saccharomyces cerevisiae)

Extension of us

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