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

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(1), 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.(2) “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(3)(4);

“‘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.

(1)

EUR 2008/1334; relevant amending instruments are S.I. 2019/860, 2023/343 (W. 50). S.I. 2019/860 was amended by S.I. 2020/1504.

(2)

Unique identification number allocated by the European Food Safety Authority under the EU flavouring information system “FLAVIS”.

(3)

EUR 2011/1169; relevant amending instruments are S.I. 2019/529, 778, 2020/1627. S.I. 2019/529 was amended by S.I. 2020/1501.

(4)

The term “date of minimum durability of a food” is defined in Article 2(2)(r) of EUR 2011/1169 but see also Articles 9(1)(f) and 24.