The use of smoke flavourings in or on foods shall only be authorised if it is sufficiently demonstrated that

• it does not present risks to human health,

• it does not mislead consumers.

Each authorisation may be subject to specific conditions of use.

No person shall place on the market a smoke flavouring or any food in or on which such a smoke flavouring is present if the smoke flavouring is not a primary product authorised in accordance with F1this Regulation, or if is not derived therefrom, and if the conditions of use laid down in the authorisation in accordance with this Regulation are not adhered to.