Annex III to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in food additives, food enzymes, food flavourings, nutrients and their conditions of use.

Pursuant to Part 2 of Annex III to Regulation (EC) No 1333/2008, sorbic acid (E 200) is an already authorised food additive in colour preparations at a maximum level of 1 500 mg/kg in the preparation, singly or in combination with potassium sorbate (E 202), benzoic acid (E 210), sodium benzoate (E 211) and potassium benzoate (E 212), and at a maximum level of 15 mg/kg in the final product, expressed as the free acid.

On 27 April 2017, an application was submitted for the authorisation of the use of a higher maximum level of sorbic acid (E 200), 2 500 mg/kg, in liquid colour preparations for sale to the final consumer for the decorative colouring of egg shells. The application was subsequently made available to the Member States by the Commission pursuant to Article 4 of Regulation (EC) No 1331/2008.

Sorbic acid (E 200) is used as a preservative in colour preparations. The applicant has demonstrated that the currently authorised maximum level of sorbic acid (E 200) in colour preparations of 1 500 mg/kg is not sufficient to consistently ensure appropriate preservation, and consequently microbiological safety, of liquid colour preparations for the decorative colouring of egg shells. This is due to the use of food colours from natural origin in the preparations, which are not sterile, and the needed shelf life for such a seasonal product. The application shows that the level of sorbic acid (E 200) needed to achieve the intended technological function was 2 500 mg/kg in the colour preparations. It results from the tests carried out by the applicant that, under normal use (colouring of undamaged to slightly damaged eggs), the migration of sorbic acid (E 200) from the egg shell to the edible part of the egg is below the level of detection of 5 mg/kg. Consequently, according to the application, the requested higher level of sorbic acid (E 200) in liquid colour preparations for the decorative colouring of egg shells would not lead to an increase of the exposure of consumers to sorbic acid (E 200).

Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the Authority in order to update the Union list of food additives set out in Annex III to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health.

The extended use of sorbic acid (E 200) in liquid colour preparations for the decorative colouring of egg shells, requested by the applicant, requires an update of the Union list. The extended use of sorbic acid (E 200) does not lead to an increase of the exposure to sorbic acid (E 200) and is not liable to have an effect on human health. Moreover, according to the Authority, the exposure to sorbic acid (E 200) and to potassium sorbate (E 202) under the already authorised uses and use levels is not of safety concern, as it does not lead to the exceedance of the ADI. Consequently, is not necessary to seek the opinion of the Authority.

Therefore, it is appropriate to authorise the use of sorbic acid (E 200) as a preservative in liquid colour preparations for the sale to the final consumer for the decorative colouring of egg shells at the maximum level of 2 500 mg/kg in the preparation.

Annex III to Regulation (EC) No 1333/2008 should therefore be amended accordingly.

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,