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

Statutory Instruments

2024 No. 685

Food, England

The Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024F1

Made

22nd May 2024

Laid before Parliament

23rd May 2024

Coming into force

28th June 2024

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles 7(4), (5), and 14A(2)(b) of Regulation (EC) No. 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings (1) and Articles 12(1) and 32A(3)(b) of Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods, etc.(2).

In relation to Parts 2 and 3, the Secretary of State sought, and had regard to, advice from the Food Standards Agency as required by Article 7(4) and (5) of Regulation 1331/2008.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Textual Amendments

F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23)

PART 1 E+W Introduction

Citation, commencement, extent and application E+W

1.— [F1 (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.]

Textual Amendments

F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23)

Commencement Information

I1 Reg. 1 in force at 28.6.2024, see reg. 1(1)

PART 2 E+W Food Additives

Amendment of Regulation (EC) No. 1333/2008 E+W

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23)

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

3.  F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23)

PART 3 E+W Food Flavourings

Amendment of Regulation (EC) No. 1334/2008 E+W

4.—F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1 (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”.]

Textual Amendments

F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23)

Commencement Information

I2 Reg. 4 in force at 28.6.2024, see reg. 1(1)

Transitional provision E+W

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.

Commencement Information

I3 Reg. 5 in force at 28.6.2024, see reg. 1(1)

PART 4 E+W Novel Foods

Amendment of Commission Implementing Regulation (EU) 2017/2470 E+W

F1 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23)

Andrea Leadsom

Parliamentary Under Secretary of State

Department of Health and Social Care

22nd May 2024

F1 SCHEDULE 1 E+W

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F1 SCHEDULE 2 E+W

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F1 SCHEDULE 3 E+W

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F1 SCHEDULE 4 E+W

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F1 SCHEDULE 5 E+W

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F1 SCHEDULE 6 E+W

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F1 SCHEDULE 7 E+W

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F1 SCHEDULE 8 E+W

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F1 SCHEDULE 9 E+W

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F1 SCHEDULE 10 E+W

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F1 SCHEDULE 11 E+W

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EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 amends Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives (EUR 2008/1333) to add a new food additive, amend the conditions of use for an existing food additive, and makes consequential amendments and corrections.

Regulation 3 amends Commission Regulation (EU) No. 231/2012 laying down specifications for food additives listed in Annexes II and III of Regulation (EC) No. 1333/2008 of the European Parliament and of the Council (EUR 2012/231) to set a maximum limit for ethylene oxide in all food additives, add a new production method for an existing additive and makes a consequential change to subcategorise the E numbers for that additive.

Regulation 4 amends 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. (EUR 2008/1334) to remove 22 flavouring substances from the authorised list of flavourings.

Regulation 5 creates a transitional measure to allow the 22 flavouring substances and foods containing them to remain on the market, and be added to foods, if already present in the United Kingdom or in transit to Great Britain before the authorisation was removed and to allow foods to which they are added to be placed on the market, and used, until they reach their date of minimum durability.

Regulation 6 amends 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 (EUR 2017/2470) to add four new novel foods, amends the conditions of use for one existing novel food and correct the specifications for another existing novel food in the list of authorised novel foods.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.

(1)

EUR 2008/1331, amended by S.I. 2019/860; there are other amending instruments but none is relevant. The terms “domestic list”, “prescribe” and “appropriate authority” are defined in Article 2.

(2)

EUR 2015/2283, amended by S.I. 2019/702; there are other amending instruments but none is relevant. The terms “prescribe”, “appropriate authority”, and “list” are defined in Article 3. Article 12(1) applies in accordance with Articles 9 and 27(1).

(3)

EUR 2002/178, amended by S.I. 2019/641; there are other amending instruments but none is relevant.

(4)

EUR 2011/1169; to which there are amendments not relevant to these Regulations.

(5)

EUR 2008/1334; amended by S.I. 2019/860; there are other amending instruments but none is relevant.