The Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024

PART 1 Introduction

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024 and come into force on 28th June 2024.

(2) These Regulations extend to England and Wales, but apply in relation to England only.

PART 2 Food Additives

Amendment of Regulation (EC) No. 1333/2008

2.—(1) Annex 2 to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives(1) is amended as follows.

(2) In Part B, paragraph 2, in the table headed “Sweeteners” after the entry for “E 960a” (Steviol glycosides from Stevia) insert the following entry—

“E 960b

Steviol glycosides from fermentation”.

(3) In Part C, paragraph 5—

(a) for “(v) E 960a and E 906c: Steviol glycosides” substitute “(v) E 960a – E 960c: Steviol glycosides”; and

(b) in the table at (v), after the entry for “E 960a” (Steviol glycosides from Stevia) insert the following entry —

“E 960b

Steviol glycosides from fermentation”.

(4) In Part E, in the table—

(a) in each place in which it occurs, for “E 960a and E 960c” substitute “E 960a – E 960c”;

(b) in category 03 (Edible ices), after the entry for “E 473-474” (Sucrose esters of fatty acids – sucroglycerides) insert the following entry—

“E 476

Polyglycerol polyricinoleate

4000

except sorbets”.

(c) in category 05.1 (Cocoa and Chocolate products) after table footnote “(*)” (E 170, E 500-504, E 524-528 and E 530: 7 % on dry matter, without fat, expressed as potassium carbonates) insert the following footnote “(1): The additives may be added individually or in combination”;

(d) in category 05.2 (Other confectionery including breath freshening microsweets)—

(i) in the third entry for “Group IV” (Polyols) for “only cocoa or dried fruit-based, milk or fat-based sandwich spreads, energy-reduced or with no added sugar” substitute “sandwich spreads made with a base of cocoa, milk, dried fruit or fat; energy reduced or with no added sugar”;

(ii) in the first entry for “E 960a and E 960c” (Steviol glycosides) for “only cocoa or dried-fruit-based, energy-reduced or with no added sugar” substitute “only cocoa or dried fruit based; energy reduced or with no added sugar”;

(iii) in the second entry for “E 960a and E 960c” (Steviol glycosides) for “only cocoa, milk, dried-fruit-based or fat-based sandwich spreads, energy-reduced or with no added sugar” substitute “sandwich spreads made with a base of cocoa, milk, dried fruit or fat; energy reduced or with no added sugar”;

(e) in category 05.4 (Decorations, coatings and fillings, except fruit-based fillings covered by category 4.2.4), for the second entry for “E 960a and E 960c” (Steviol glycosides) for “only cocoa or dried-fruit-based, energy-reduced or with no added sugar” substitute “only cocoa or dried fruit based; energy reduced or with no added sugar”; and

(f) in category 12.6 (Sauces), for the entry for “E 476” (Polyglycerol polyricinoleate) substitute—

“E 476	Polyglycerol polyricinoleate	4000		only emulsified sauces with a fat content of less than 20%
E 476	Polyglycerol polyricinoleate	8000		only emulsified sauces with a fat content of 20% or more”.

Amendment of Commission Regulation (EU) No. 231/2012

3.—(1) The Annex to Commission Regulation (EU) No. 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council(2) is amended as follows.

(2) In the first paragraph, for “Note: Ethylene oxide may not be used for sterilising purposes in food additives” substitute —

“Restrictions on ethylene oxide in food additives

Ethylene oxide may not be used for sterilising purposes in food additives.

Total residues of ethylene oxide (sum of ethylene oxide and 2-chloroethanol expressed as ethylene oxide (i.e., ethylene oxide + (0.55 x 2-chloroethanol))), irrespective of origin, in food additives listed in Annexes II and III to Regulation (EC) No 1333/2008, or mixtures of those food additives, must not exceed 0.1 mg/kg.”

(3) In the following tables headed—

(a) “E 431 POLYOXYETHYLENE (40) STEARATE”;

(b) “E 432 POLYOXYETHYLENE SORBITAN MONOLAURATE (POLYSORBATE 20)”;

(c) “E 433 POLYOXYETHYLENE SORBITAN MONOOLEATE (POLYSORBATE 80)”;

(d) “E 434 POLYOXYETHYLENE SORBITAN MONOPALMITATE (POLYSORBATE 40)”;

(e) “E 435 POLYOXYETHYLENE SORBITAN MONOSTEARATE (POLYSORBATE 60)”;

(f) “E 436 POLYOXYETHYLENE SORBITAN TRISTEARATE (POLYSORBATE 65)”;

(g) “E 1209 POLYVINYL ALCOHOL-POLYETHYLENE GLYCOL-GRAFT-COPOLYMER”; and

(h) “E 1521 POLYETHYLENE GLYCOL”;

omit “Ethylene oxide” and “Not more than 0,2 mg/kg”.

(4) After the table for “E 960a” (Steviol glycosides from stevia), insert the heading and table in Schedule 1.

(5) In the heading for the table for “E 960c” (Rebaudioside M produced via enzyme modification of steviol glycosides from stevia) for “E 960c” substitute “E 960c(i)”.

(6) In alphabetical order, insert the heading and table in Schedule 2.

PART 3 Food Flavourings

Amendment of Regulation (EC) No. 1334/2008

4.—(1) Annex 1 to Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods etc(3) is amended as follows.

(2) In Part A, Section 2, Table 1 (the domestic list), the entries for the following are omitted in full—

(a) FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b) FL No. “07.046” chemical name “Vanillylidene acetone”;

(c) FL No. “07.049” chemical name “1-(4-Methoxyphenyl)-4-methylpent-1-en-3-one”;

(d) FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;

(e) FL No. “07.258” chemical name “6-Methyl-3-hepten-2-one”;

(f) FL No. “10.034” chemical name “5,6-Dihydro-3,6-dimethylbenzofuran-2(4H)-one”;

(g) FL No. “10.036” chemical name “5,6,7,7a-Tetrahydro-3,6-dimethylbenzofuran-2(4H)-one”;

(h) FL No. “10.042” chemical name “3,4-Dimethyl-5-pentylidenefuran-2(5H)-one”;

(i) FL No. “10.043” chemical name “2,7-Dimethylocta-5(trans),7-dieno-1,4-lactone”;

(j) FL No. “10.046” chemical name “Hex-2-eno-1,4-lactone”;

(k) FL No. “10.054” chemical name “Non-2-eno-1,4-lactone”;

(l) FL No. “10.060” chemical name “2-Decen-1,4-lactone”;

(m) FL No. “10.170” chemical name “5-Pentyl-3H-furan-2-one”;

(n) FL No. “13.004” chemical name “Allyl 2-furoate”;

(o) FL No. “13.034” chemical name “3-(2-furyl)acrylaldehyde”;

(p) FL No. “13.043” chemical name “Furfurylidene-2-butanal”;

(q) FL No. “13.044” chemical name “4-(2-Furyl)but-3-en-2-one”;

(r) FL No. “13.046” chemical name “3-(2-Furyl)-2-methylprop-2-enal”;

(s) FL No. “13.066” chemical name “3-Acetyl-2,5-dimethylfuran”;

(t) FL No. “13.103” chemical name “2-Butylfuran”;

(u) FL No. “13.137” chemical name “3-(2-Furyl)-2-phenylprop-2-enal”; and

(v) FL No. “13.150” chemical name “3-(5-Methyl-2-furyl)prop-2-enal”.

Transitional provision

5.—(1) The flavouring substances referred to in regulation 4(2)(a) to (v), and foods containing them may, until their date of minimum durability of a food or ‘use by’ date, be placed on the market and, as the case may be, added to other foods, if —

(a) present in the United Kingdom and were, or could have been, lawfully placed on the market in Great Britain before the end of 27th June 2024; or

(b) in transit to Great Britain before the end of 27th June 2024, and could have lawfully been imported, or moved into Great Britain, and placed on the market as at the date of dispatch.

(2) Foods containing one or more flavouring substances to which regulation 5(1)(a) or (b) applies may, until their date of minimum durability of a food or ‘use by’ date, be placed on the market and, as the case may be, added to other foods.

(3) The following expressions have the same meaning as they bear in Regulation (EU) No.1169/2011 of the European Parliament and of the Council on the provision of food information to consumers etc(4) —

(a) “date of minimum durability of a food”; and

(b) “‘use by’ date”.

(4) Any expression used in both this regulation and Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods etc(5) has the meaning it bears in that Regulation.

PART 4 Novel Foods

Amendment of Commission Implementing Regulation (EU) 2017/2470

6.—(1) The Annex to Commission Implementing Regulation (EU 2017/2470 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods(6) is amended as follows.

(2) In Table 1 (Authorised novel foods: England)—

(a) after the entry for “Astaxanthin-rich oleoresin from Haematococcus pluvialis algae” insert the entry in Schedule 3.

(b) for the entry for “Bovine milk basic whey protein isolate” substitute the entry in Schedule 4;

(c) after the entry for “Calanus finmarchicus oil” insert the entry in Schedule 5;

(d) after the entry for “2’-Fucosyllactose/Difucosyllactose mixture (‘2’-FL/DFL’) (microbial source)” insert the entry in Schedule 6; and

(e) after the entry for “Lactitol” insert the entry in Schedule 7.

(3) In Table 2 (Specifications: England)—

(a) after the entry for “Astaxanthin-rich oleoresin from Haematococcus pluvialis algae” insert the entry in Schedule 8;

(b) after the entry for “Calanus finmarchicus oil” insert the entry in Schedule 9;

(c) after the entry for “2’-Fucosyllactose/Difucosyllactose mixture (‘2’-FL/DFL’) (microbial source)” insert the entry in Schedule 10;

(d) after the entry for “Lactitol” insert the entry in Schedule 11; and

(e) in the entry for “Xylo-oligosaccharides”, in the second column (Specifications), after the row for “Moisture (%)” insert the following row—

“Dry material (%)

-

-

70-75”.

Andrea Leadsom

Parliamentary Under Secretary of State

Department of Health and Social Care

22nd May 2024