On May 23, 2024, according to a notice published on the UK legislation portal, the Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024 were made on May 22, 2024, and came into force on June 28, 2024. The regulations were signed by Andrea Leadsom, Parliamentary Under-Secretary of State at the UK Department of Health and Social Care.
The regulations primarily address the authorization, use and labeling requirements for food additives, novel foods and food flavourings. Key provisions include:
(1) Amendments to food additive regulations
Annex II to Regulation (EC) No. 1333/2008 was amended to authorize a new food additive, steviol glycosides (E960b), and modify the conditions of use for existing food additives. A maximum residue limit was also established for ethylene oxide in food additives. The total residue level, calculated as the sum of ethylene oxide and 2-chloroethanol and expressed as ethylene oxide, must not exceed 0.1 mg/kg.
(2) Additions and amendments concerning novel foods
Four novel foods were added to the Union List of Novel Foods, including partially hydrolyzed proteins from barley and rice, milk whey protein isolate, cetylated fatty acids, and 3-fucosyllactose (3-FL) produced using a derivative strain of Escherichia coli K-12 DH1.
For labeling purposes, novel foods must be identified using the term “novel food”, followed by the specific name of the novel food. Relevant information regarding its characteristics, intended use and safety must also be provided.
The authorized uses of milk whey protein isolate were expanded to include infant formula, follow-on formula, total diet replacement products, foods for special medical purposes and food supplements, with maximum permitted use levels specified for different product categories.
The specifications for the novel food mixture of lactose-N-fucopentaose I (LNFP-I) and 2'-fucosyllactose (2'-FL) were also corrected. The dry matter content was revised from ≥70% to ≥75%, while the minimum content of LNFP-I was increased from ≥40% to ≥50%, and the minimum content of 2'-FL was increased from ≥10% to ≥15%.
(3) Removal of authorizations for food flavourings
A total of 22 flavouring substances were removed from the authorized list of food flavourings.
Before June 28, 2024, foods containing any of these 22 flavouring substances that had been placed on the UK market or dispatched to the UK could continue to be sold and used until the end of their minimum durability date or “use-by” date. They could also be added to other foods before June 28, 2024.
After June 28, 2024, foods containing these flavouring substances are no longer permitted to be placed on the market or used.