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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:
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
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DG Sanco
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European Food Safety Authority (EFSA) - Additives
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