Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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FSA Local Authority Letter (PLGEN2320), 3 April 2023
Summary: Great Britain have authorised the use of enzymatically produced steviol glycoside (E 960c) as a food additive, published in UK Statutory Instrument No. 2023/334. This has also amended the designation of steviol glycosides (E 960) where the current E number E 960 will change to E 960a to denote steviol glycosides made from stevia leaves and E 960c which covers enzymatically produced steviol glycoside. This regulation will come into force on 15 May 2023, with an 18-month transition period for the new labelling requirements, ending on 14 November 2024.
The European Commission have also authorised glucosylated steviol glycosides (E 960d) through Commission Regulation (EU) No 2023/447, which came into force on 20 March 2023. This new authorisation will apply in Northern Ireland but not GB.
We are writing to inform you of changes in Great Britain to the authorisations and labelling for steviol glycosides, this follows Great Britain authorising the use of enzymatically produced steviol glycoside (E 960c) for use as a food additive, published in The Food Additives, Food Flavourings and Novel Foods (Authorisations) (England) Regulations 2023 (legislation.gov.uk).
This regulation will come into force on 15 May 2023, with an 18-month transition period for using up old labelling stock, which ends on 14 November 2024. After this transition period, products placed on the market in Great Britain must indicate E 960a (if the steviol glycoside is derived from stevia) and E 960c (if it contains enzymatically produced steviol glycosides) instead of E 960. In addition, instead of just denoting “steviol glycosides” in an ingredients list either “steviol glycosides from Stevia” or “enzymatically produced steviol glycosides” should be stated.
Furthermore, the European Commission have authorised an additional steviol glycoside, E 960d glucosylated steviol glycosides, Commission Regulation (EU) No 2023/447 was published on 1 March 2023 and came into force on 20 March 2023. This regulation will apply in Northern Ireland but not Great Britain. Commission Regulation (EU) No 2023/447 A similar application for the use of glucosylated steviol glycosides (E 960d) has been received by the FSA and is being processed through the UK Regulated Products Application System. The current application for the use of glucosylated steviol glycosides (E 960d) in GB is still under consideration for its safety and no outcome on its future authorisation has yet been reached.
Current position in Great Britain
The GB regulation to permit the use of E 960c enzymatically produced steviol glycoside will come into force on 15 May 2023, with an 18-month transition period ending on 14November 2024 to allow old label stock (E 960 and/or steviol glycosides) to be used. Foods containing steviol glycosides produced from stevia are currently labelled as E 960 and are the only type of steviol glycosides currently permitted for use in GB. The new authorisation of E 960c will indirectly affect the labelling of E 960 which now must be amended to E 960a for steviol glycoside from Stevia, within the 18-month transition period. After the transition period ends, products containing the renamed E 960a should no longer be identified as containing E 960 or just use the term “steviol glycosides”. This is to provide consumers with more information on how the sweetener was produced. However, the food additive E 960a Steviol glycosides from Stevia, and any foods containing it, labelled before the end of 14 November 2024 may continue to be labelled as E 960 Steviol glycosides and placed on the market, and used, until stocks are exhausted.
Glucosylated steviol glycosides (E 960d) are not currently authorised in GB and therefore products containing this additive would be non-compliant with the GB market.
Until such time as new authorisations are granted in GB for glucosylated steviol glycosides (E 960d) and the retained EU legislation 1333/2008 and 231/2012 are updated only the steviol glycoside from stevia (E 960a ) and enzymatically produced steviol glycosides (E 960c) are allowed to be used in foods destined for the GB market and must be labelled according to current REUL i.e.: sweetener E 960a or sweetener steviol glycosides from stevia or sweetener E 960c or sweetener enzymatically produced steviol glycosides.
Current position in Northern Ireland
The European Union (EU) authorised 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 3 August 2021, with an 18-month transition period for labelling, which ended on 2 February 2023. Following this transition period, products placed on the market in Northern Ireland must now indicate E 960a (if the steviol glycoside is derived from stevia) and E 960c (if it contains enzymatically produced steviol glycosides).
Now the transition period for labelling has ended, products containing the renamed E 960a should no longer be identified as containing E 960. However, foods already on the NI market prior to the end of the transition period 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.
Commission Regulation (EU) No 2023/447 which came into force on 20 March 2023 will apply in Northern Ireland where glucosylated steviol glycosides (E 960d) may be used as a food additive in foods intended for the Northern Ireland market.
