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

PART 1 Introduction

Title, extent, application and coming into force

1.—(1) The title of these Regulations is the Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (Wales) Regulations 2024.

(2) These Regulations—

(a) extend to England and Wales;

(b) apply in relation to Wales;

(c) come into force on 28 June 2024.

PART 2 Food Additives

Amendment of Regulation (EC) No 1333/2008

2.  Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives(1) is amended in accordance with Schedule 1.

Amendment of Commission Regulation (EU) No 231/2012

3.—(1) In 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), the Annex is amended as follows.

(2) At the beginning, 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*), irrespective of origin, in food additives listed in Annexes 2 and 3 to Regulation (EC) No 1333/2008 or mixtures of those food additives, must not exceed 0.1 mg/kg.

* ethylene oxide + (0.55 × 2-chloroethanol)”.

(3) In the entries for each of the following additives, omit the row relating to “Ethylene oxide” —

(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;

(h) E 1521 Polyethylene glycol.

(4) Schedule 2 makes provision in relation to the specification for E 960b steviol glycosides from fermentation (Yarrowia lipolytica).

(5) Schedule 3 makes provision in relation to the specification for E 960c(ii) rebaudioside M, AM and D produced via enzymatic conversion of highly purified steviol glycosides from Stevia leaf extracts.

PART 3 Food Flavourings

Amendment of Regulation (EC) No 1334/2008

4.—(1) In 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(3), Annex 1 (domestic list of flavourings and source materials) is amended as follows.

(2) In Part A (domestic list of flavouring substances), in Section 2, in Table 1, omit the entries for the following flavouring substances—

(a) FL No.(4) “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”;

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

Transitional provision

5.—(1) This paragraph applies to flavouring substances referred to in regulation 4(2)(a) to (v) and food containing them that were—

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

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

(2) Flavouring substances and food to which paragraph (1) applies may, until their date of minimum durability or ‘use by’ date, be placed on the market and, as the case may be, added to other food.

(3) Food containing one or more flavouring substances to which paragraph (1) applies may, until its date of minimum durability or ‘use by’ date, be placed on the market and, as the case may be, be added to other food.

(4) In this regulation—

“date of minimum durability” (“dyddiad parhauster lleiaf”) has the same meaning as in Regulation (EU) No1169/2011 of the European Parliament and of the Council on the provision of food information to consumers(5)(6);

“‘use by’ date” (“dyddiad ‘defnyddio erbyn’”) has the same meaning as in Article 24 of Regulation (EU) No1169/2011 of the European Parliament and of the Council on the provision of food information to consumers.

(5) Other expressions used in this regulation and in 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 have the same meaning as in that Regulation.

PART 4 Novel Foods

Amendment of Commission Implementing Regulation (EU) 2017/2470

6.  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(7) is amended in accordance with Schedules 4 to 8.

Jayne Bryant

Minister for Mental Health and Early Years, under the authority of the Cabinet Secretary for Health and Social Care, one of the Welsh Ministers

5 June 2024