Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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DHSC Publication, 11 December 2023
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Explanatory Memorandum for European Union Legislation within the scope of the UK/EU Withdrawal Agreement and Windsor Framework A copy of this publication is available on this site (click on image). Provided under the Open Government Licence. The original document was accessed from: |
This explanatory memorandum (EM) is about a European Commission regulation (EU) / amending Annex II to regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission regulation (EU) No 231/2012 as regards food additives nitrites (E 249-250) and nitrates (E 251-252). The following is the first section of the EM:
SUBJECT MATTER
Nitrates and Nitrites (E 249 – E 252) are used in certain cheeses and processed meats such as bacon, ham, corned beef and other cured meats to perform a range of technological functions including as a preservative / to inhibit microbial growth, in particular Clostridium botulinum. Nitrites and nitrates have been linked with the formation of nitrosamines, which have been linked with colorectal cancer.
Over the last number of years there have been many studies conducted on the wsafety of nitrites and nitrates, including EFSA’s (The European Food Safety Authority) re-evaluation of the safety of nitrites and nitrates as food additives in 2017, which concluded nitrites and nitrates intentionally added at permitted levels to meat and other foods were safe. In 2023, a further EFSA scientific opinion was published on the risks to public health related to the presence of nitrosamines. Following this, the European Commission has now concluded it is appropriate to amend the current conditions of use of nitrites and nitrates as food additives and lower the existing maximum limits for the presence of lead, mercury and arsenic in nitrites (E 249 and E 250) and nitrates (E 251 and E 252), laid down in the Union specifications.
The new regulation includes both changes to the specifications of the four additives (E 249 – E 252) in Regulation 231/2012 which come into force on the 29th April 2024, setting new purity criteria in regards lead, arsenic and mercury; as well as changes to the additive provisions in Annex II of Regulation 1333/2008, which reduce the levels of these additives that can be used in various food commodities, such as cured meats, cheeses and processed fish/fishery products. These changes have transition periods ranging from 9th October 2025 (24 months), 9th October 2026 (36 months) to 9th October 2027 (48 months). In all cases food can be placed on the market up until the end of the transition period and can then remain on the market, until they reach the end of their durability.
The Food Standards Agency (FSA) considers that existing levels of nitrites and nitrates, as laid down in retained Regulation 1333/2008 and retained Regulation 231/2012, are sufficiently protective for consumers. However, as for all food additives this position will be kept under review and as such, four-nation discussions will continue to assess whether similar regulatory changes may be adopted in GB. Any future proposals will be subject to public consultation. Once a policy position has been agreed between the four nations, the FSA will provide an update to the Committee.
The amending Regulation can be accessed from the Official Journal:
