Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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FSA Local Authority Letter (PLGEN24038), 4 July 2024
Summary: Update for local authorities on the Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024
Local authorities (LAs) will wish to be aware that The Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024 entered into force on 28 June 2024.
See: SI 2024, No 685 - Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024
The Regulations allow four new novel foods and three food additives to be distributed, and available on the market, and used in foods in England. The Regulations implements a maximum limit of ethylene oxide for all authorised food additives and updates the list for authorised novel foods and food additives, to correct identified minor errors and omissions. The Regulations also remove the authorisation of twentytwo food flavouring substances, thus prohibiting them to be distributed and available on the market and used in foods in England.
Novel food authorisations
Novel foods must be authorised and included on the list established in assimilated Commission Implementing Regulation 2017/2470 before they can be placed on the market or used. The Regulations have updated the list to add four new novel foods and implement corrections to errors and omissions in relation to two novel foods on the list.
Food additive authorisations
Food additives must be authorised and included on the list established in assimilated Regulation 1333/2008 before they can be placed on the market or used. The list also sets out conditions of use such as which types of foods they can be added to and maximum permitted levels. Every food additive must have a specification set out in assimilated Regulation 231/2012 and separate specifications are needed for each authorised production method for a food additive. Authorisation is also required for changes in use of permitted food additives and changes to production methods of permitted food additives. The Regulations will update the list to allow two new production methods for steviol glycosides and extend the use of an existing food additive. The Regulations will set a maximum limit for ethylene oxide in all food additives and update the list for authorised food additives, to make minor technical amendments and correct omissions, relating to two authorised food additives.
Food flavouring removals
The Regulations will update the list to remove twenty-two food flavourings from assimilated Regulation 1334/2008, thus prohibiting them to be placed on the market within England and used in food in England.
The Regulations includes a transitional measure which allows those flavourings, or foods containing them, present or in transit to Great Britain before the authorisation is removed to remain on the market and be added to foods, which can in turn also be lawfully placed on the market, until their 'best before' or 'use by' date.
The Regulations update the lists for authorised novel foods, food flavourings and food additives to provide the terms of authorisation under which the four novel foods and three food additives may be used in England. The terms of authorisation are the same in England, Wales, and Scotland. Separate legislation has also come into force in Wales and Scotland.
Details of the products can be found in Annex 1 below.
Under the Windsor Framework, Regulated Products approved in Great Britain (GB) may be placed on the market in Northern Ireland (NI), if eligible for, and moved through the Northern Ireland Retail Movement Scheme (NIRMS). Therefore, the Regulated Products authorised through these Regulations may be placed on the market in NI if moved through NIRMS.
The Unfettered Market Access (UMA) availed of by NI food and feed business operators allows the free movement of food or feed that has been despatched to GB from a registered or approved NI food establishment or an NI feed establishment. However, it is important to highlight that unfettered market access arrangements are intended to support existing legitimate NI supply chains and businesses. Therefore, goods starting their journey in the EU will not qualify for unfettered access if they are moved through NI into GB for the purposes of avoidance of customs or sanitary/phytosanitary controls, but will qualify if moved for legitimate trade, despatched by an NI food or feed establishment and (within the scope of the UKIMA market access principles) the Regulated Products are moved into GB only for sale, not processing/use after sale.
Annex 1 – Named Novel Foods, Food Additive and Flavouring removals
Novel Foods Authorisation |
Type |
3-Fucosyllactose (3-FL) (produced by a derivative strain of Escherichia coli K-12 DH1) |
New authorisation |
lacto-N-fucopentaose I (LNFP-l) and 2'-fucosyllactose (2'-FL) mixture |
New authorisation |
Partially hydrolysed protein from spent barley (Hordeum vulgare) and rice (Oryza sativa) |
New authorisation |
Cetylated fatty acids |
New authorisation |
Food additives |
Authorisation Type |
Polyglycerol polyricinoleate (PGPR) (E 476) |
Extension of use of an existing authorised food additive |
Rebaudioside M, AM and D produced via enzymatic conversion of highly purified steviol glycosides from stevia leaf extracts |
New production method of an existing authorisation |
Steviol glycosides produced by Yarrowia lipolytica |
New production method of an existing authorisation |
Food Flavourings |
Authorisation Type |
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Removal |
