Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - UK - 2023

HM Treasury Publication, 26 May 2023

NOVEL FOODS - Policy paper Pro-innovation Regulation of Technologies Review: Life Sciences and the government response

UK Government Publication: Pro-innovation Regulation of Technologies Review - Life Sciences

A copy of the Reveiw can be downloaded from the Government website (click on image). In addition, the Government Response is available - see: HM Government Response

The Review includes some discussion on issues linked to Novel Foods . This is provided below (see report for links to references) along with the Government Reponse to this aspects.

Report

Novel foods

Technological advances combined with pressure for more sustainable sources of protein have led to an acceleration of innovation and product development in novel foods. Novel food regulations apply to foods for human consumption and include foods which were not widely consumed by people in the UK or European Union before May 1997. This can include completely new foods, foods eaten elsewhere in the world, or foods produced from new processes.

A particular growth sector is alternative proteins. This is an example of foods produced from new processes, which includes plant-based and food-technology alternatives to animal protein with the aim of reducing environmental impacts. Research by the Food Standards Agency (FSA) identifies 4 types of alternative proteins: plant-based meat substitutes, novel protein sources, proteins biosynthesised by microorganisms and cultured meat proteins.

Alternative proteins present a major opportunity for economic growth. The National Food Strategy highlighted how developing and manufacturing alternative proteins in the UK, rather than importing them from abroad, had the potential to create around 10,000 new factory jobs and secure a further 6,500 jobs to produce protein crops and other inputs. Market revenue for plant protein ingredients has been projected to reach £16.8 billion by 2026. While the long term commercial and environmental viability of cultivated meat is still uncertain due to the economies of scale involved, its price has been falling. In 2013, the price of one lab grown burger was £215,000, which fell to £8 within 5 years. If cultivated meat matures into a commercially viable product it could become a multi-billion-dollar industry in the future. These technologies represent great economic opportunity for the UK, but those opportunities should go hand in hand with the emerging applications being able to meet their claims about sustainability and nutritional benefits.

To access opportunities from alternative proteins and other novel foods, the FSA should ensure the regulatory model is easy to navigate for businesses with innovative products, removing barriers to innovation whilst maintaining standards and consumer safety. The FSA are reviewing the Novel Foods regulatory framework, and recently completed an external review to identify lead options for future reform. Outcomes from this review will be published by the FSA in their Novel Foods Review in late Spring. Proposals under consideration include time limited conditional authorisations for products with evidence of safe use in other countries, fast track routes for innovative applications, use of hybrid authorisation for products which do not fit into existing legislative boundaries and expanded pre-application support.

We have heard the key barrier for implementation of this reform is capacity and resourcing within the FSA, which is vital for initial policy development and for implementing future reforms. Most will require legislative change and public consultation, in line with the FSA’s statutory duties and commitment to transparency. Food policy is devolved, requiring the FSA to engage with the devolved administrations under the terms of the relevant Framework Agreements.

Recommendation 11: We recommend the government support the FSA to find ways to enable the acceleration of plans to reform the approval process for Novel Foods.


Government Response (relevant section only)

Recommendation 11 – Novel Foods

We recommend the government support the Food Standards Agency (FSA) to find ways to enable the acceleration of plans to reform the approval process for Novel Foods.

Response

The government accepts the recommendation. It recognises that technological advances are accelerating the development of novel foods, including in the alternative protein sector, and that this represents a commercial and economic opportunity for the UK in the immediate years ahead.

The Food Standards Agency (FSA) (covering England, Wales and Northern Ireland) works collaboratively with Food Standards Scotland (FSS) on existing streams of work dedicated to the regulatory oversight of novel foods across the UK. This work includes reviewing regulated product applications, supporting businesses through approval processes and exploring potential reforms. The FSA is actively pursuing reform in two areas: proposing to use opportunities in the Retained EU Law Bill to streamline the regulatory process and developing a new regulatory framework for Precision Bred food and feed, a current government priority. Alongside this, the FSA continues to improve the operation of the current system, for example, introducing a new regulated products application system due for launch in summer 2023.

The government accepts that additional resourcing would be needed for the FSA to explore further reform opportunities. Future funding beyond 2024-25 will be determined at the next spending review, and the Government will agree budgets with the FSA considering current priorities and future opportunities, including reform of Novel Food regulation.


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