Legislation: Food Improvement Agents Package
18 November 2009
Following two years of consultation and discussion, the EU published its new Food Improvement Agents Package (FIAP) on 31 December 2008. The Package consists of three individual regulations.
These regulations surround the use of flavourings, additives and enzymes in food, as well as a fourth common authorisation procedure covering all three food improvement agents.
The most important aspect for food processors is that FIAP involves regulations, not directives. This is a vital distinction, and many changes and measures will have force of law from January 2010. They will replace previous directives, and compliance could require considerable preparation and planning.
One common theme running across the regulations is the development of ‘community lists’ of agents which have undergone required evaluation and approval. The aim of these lists is to promote consistency and transparency throughout all member states. Once they are finalised, only agents included on the lists will be eligible for use.
Flavouring regulation 1334/2008 is particularly complex and involves several key changes to earlier directives.
For instance, as well as traditional flavourings, it now covers ingredients added for the main purpose of flavouring. Some of these ingredients may contribute to the presence of naturally occurring, but undesirable, substances such as certain biologically active principles (BAPs).
In addition, there is no longer a distinction between ‘artificial’ and ‘nature-identical’ flavourings and there is no requirement in the regulation to use these terms to describe any flavourings. The term ‘natural’ may be used to describe a flavouring which comprises only natural substances and/or preparations.
Eventually, only flavouring substances and materials on the community list will be permitted. The initial list will be completed by the end of 2010, and it will come into force from July 2012. Most other elements of the flavouring legislation will apply from 20 January 2011.
The additive regulation, 1333/2008, consolidates previous directives on miscellaneous additives, sweeteners and colours. It includes annexes covering:
functional classes of additives (e.g. those used as bulking agents or preservatives);
lists of additives approved for use and their conditions of use;
additives permitted within additives, enzymes and flavourings.
There are also new considerations for labelling, both surrounding ‘Southampton Colours’ and business to business (B2B) sales. In terms of Southampton Colours, from 20 July 2010 it will be necessary to clearly state ‘name/E number: may have an adverse effect on activity and attention in children’. B2B requirements are lengthy, and cover areas such as indication of usage limits, ingredients lists and information on allergens.
Comitology (the streamlined committee system with European Parliament scrutiny for agreeing legislation) for 1333/2008 is already in place. The next deadline, for B2B labelling requirements, is 20 January 2010. Southampton Colours requirements come into force on 20 July 2010 and community lists will be finalised in early 2011.
Regulation 1332/2008 introduces specific EU legislation for enzymes for the first time. Besides the community list, key features include conditions on the use of food enzymes in food and rules on the labelling of food enzymes sold as such.
Food manufacturers will need to demonstrate that there is reasonable technical need for the use of enzymes, as well as ensuring that usage is safe and does not entail misleading the consumer. However, the regulation does not restrict use of enzymes for nutritional or digestive purposes, traditional microbial cultures for the likes of cheese and wine, or enzymes used in production of food additives or processing aids.
The Commission will adopt an initial implementing measure surrounding enzymes by December 2010. Development of this will be supported by guidelines on data required for risk assessment of enzymes. The European Food Safety Authority (EFSA) is currently consulting on these. It is anticipated that the full requirements and community list will be complete by 2014.
Finally, further to the individual FIAP regulations, to create a more centralised and transparent authorisation procedure surrounding the community lists, regulation 1331/2008 has been established. It is intended that this will lead to faster, more streamlined lawmaking incorporating comitology.
With a raft of such complex changes and requirements on the horizon, it is important to take a proactive approach. Whilst initial compliance might be time consuming and laborious, in the longer term FIAP should lead to enhanced EU harmonisation and consumer confidence in foods produced and sold in the EU. Food processors and manufacturers need to establish which regulations will have an impact on their business and take steps to ensure compliance sooner rather than later.
* By Dr David Leeks, Principal Food Law Adviser, Campden BRI, www.campden.co.uk
* About the author
David Leeks began his career as an information scientist before specialising in food legislation. He joined Campden BRI in 2002 where he provides information, advice and training to industrial companies and enforcement authorities. For further information, please contact d.leeks@campden.co.uk or 01386 842000.
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