The Food Additives, Food Flavourings, and Novel Foods (Authorisations) and Food and Feed (Miscellaneous Amendments) (Wales) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision, in relation to Wales, on regulated food product authorisations. They also make minor corrections to various Welsh subordinate instruments on food law and animal feed law.

Part 2 of these Regulations (regulations 2 to 4 and Schedules 1 and 2) is made in exercise of powers in Regulation (EC) No 1331/2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (EUR 2008/1331). Together, the amendments made in Part 2 of these Regulations provide for the authorisation, in relation to Wales, of the placing on the market and use of the food additive E 960c rebaudioside M produced via enzyme modification of steviol glycosides from Stevia. The existing authorisation entries for food additive E 960 steviol glycosides are changed to reflect the amended name and E-number E 960a steviol glycosides from Stevia.

Regulation 2 and Schedule 1 update, in relation to Wales, the domestic list of food additives approved for use in foods in Annex 2 of Regulation (EC) No 1333/2008 on food additives (EUR 2008/1333). Schedule 1 also corrects the E-number in two entries in that Annex for the food additive E 969 Advantame.

Regulation 3 and Schedule 2 amend, in relation to Wales, Commission Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 (EUR 2012/231).

Regulation 4 contains a transitional provision that allows for an 18-month period within which stocks of products may still be labelled as E 960 steviol glycosides, or as containing E 960 steviol glycosides. Stocks that are labelled within that timeframe may be placed on the market and used until those stocks are exhausted.

Part 3 of these Regulations (regulation 5 and Schedule 3) is also made in exercise of powers in EUR 2008/1331. Regulation 5 and Schedule 3 update, in relation to Wales, the domestic list of flavouring substances in Annex 1 to Regulation (EC) No 1334/2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods (EUR 2008/1334). These amendments provide for authorisation, in relation to Wales, of the placing on the market and use of the food flavouring 3-(1-((3,5-dimethylisoxazol-4-yl)methyl)-1H-pyrazol-4-yl)-1-(3-hydroxybenzyl)imidazolidine-2,4-dione.

Part 4 of these Regulations (regulation 6 and Schedules 4 and 5) is made in exercise of powers in Regulation (EU) 2015/2283 on novel foods (EUR 2015/2283). Regulation 6 and Schedules 4 and 5 update, in relation to Wales, the list of authorised novel foods in Annex 1 to Commission Implementing Regulation (EU) 2017/2470 establishing the Union list of novel foods (EUR 2017/2470):

• Schedule 4 substitutes the entry for UV-treated baker’s yeast (Saccharomyces cerevisiae), extending the specified food categories for which that novel food is authorised.

• Schedule 5 inserts a new entry, authorising the placing on the market of a new vitamin D₂ mushroom powder as a novel food for use in the specified food categories.

Part 5 of these Regulations (regulations 7, 8 and 9) contains minor corrections to various Welsh Subordinate instruments on food law and animal feed law. Regulations 7 and 8 are made in exercise of powers in the Food Safety Act 1990 (c. 16). Regulation 9 is made in exercise of powers in the Agriculture Act 1970 (c. 40).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.