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Last update: September 22, 2010

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Food Additives, Flavorings & Enzymes

In December 2008, the “Package on food Improvement Agents” was adopted, which includes four new regulations: Regulation 1331/2008 establishing a common authorization procedure for food additives, food enzymes and food flavorings, Regulation 1332/2008 on food enzymes, Regulation 1333/2008 on food additives and Regulation 1334/2008 on flavorings.

Additives (including Colors and Sweeteners)

Regulation 1333/2008 on food additives brings the current miscellaneous additives directive and the directives on colors and sweeteners into one regulation and applies as of January 20, 2010 (except for transitional provisions).  It provides for the establishment of a list of approved food additives, conditions of use and rules on the labeling of additives sold as such.  

All food additives, colors and sweeteners that will be entered in Annex II and Annex III to Regulation 1333/2008 are currently being reviewed by the Commission. The review should be completed by January 2011 after which the annexes will enter into force. Food additives are being reviewed based on their compliance with the new provisions, meaning technological need, safety and use, as well as advantages and benefits. A food additive or the specific use of a food additive that is no longer needed will not be transferred to the new Annexes. For colors and sweeteners some specific conditions exist as well. The review is conducted by the Commission and will not require a new risk assessment.  Until the completion of the review food additives under the old directives will continue to be permitted.  An important difference from U.S. legislation is the use of flour bleaching agents: chlorine, bromates and peroxides are not allowed in the EU. 

Additionally, Regulation 1333/2008  provides for an evaluation program for food additives permitted before January 2009. Those food additives will be subject to a new risk assessment carried out by EFSA. According to Annex II of Commission Regulation 257/2010, the re-evaluation of approved food additives shall be completed by the end of:  

  • 2015 for food colors (now listed in Directive 94/36/EC)
    2018 for all additives other than colors and sweeteners (now listed in Directive 95/2/EC)
    2020 for all sweeteners (now listed Directive 94/35/EC)

The approved food additives for which the re-evaluation by EFSA was already completed at the time of adoption of Regulation 257/2010 are listed in its Annex I.

Foods containing any of the six food colors Quinoline Yellow (E104), Sunset Yellow (E110), Ponceau 4R (E124), Tartrazine (E102), Azorubine/Carmoisine (E122) and Allura Red AC (E129), will have to be labeled with the phrase, ‘may have an adverse effect on activity and attention in children’ (Annex V to Regulation 1333/2008).

For an overview of the rules in force until the new regulation becomes applicable see the 2008 FAIRS report

Commission Directive 2009/163/EU sets conditions for the use of neotame as a sweetener.

Flavorings

Regulation 1334/2008 on flavorings and certain food ingredients with flavoring properties sets specific rules for the use of the term “natural”.  The new rules will apply as of January 20, 2011. The positive EU list or Community List of flavoring substances and source materials (Annex I of the Regulation) will have a future publication and application date.

The EU has a list of all registered flavoring substances register of all flavoring substances (last amended by Commission Decision 2009/163/EC) authorized in the EU. Substances that are subject to restrictive or prohibitive measures in certain member states have been marked. 

This list or “register” is also being reviewed before inclusion in Annex I of the new Regulation as the community list of authorized substances. The adoption of the Community list is expected by the end of 2010 and Regulation 2232/96, currently in force, will be repealed when the new list is published.

A Community procedure for the safety assessment and the authorization of smoke flavorings intended for use in or on foods is established in Regulation 2065/2003.

Enzymes

Regulation 1332/2008 on food enzymes introduces harmonized rules for their scientific evaluation and authorization in the EU and establishes labeling requirements.  Until the adoption of an EU positive list of authorized enzymes, the existing national provisions on the marketing of food enzymes will continue to apply.   

Processing Aids

A list of extraction solvents allowed in the production of foodstuffs and food ingredients, along with their conditions of use has been established in Council Directive 2009/32/EC.

Links

- DG Sanco

- European Food Safety Authority (EFSA) - Additives

 

 


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