EC Flavouring Regulation No 1334/2008 - EFFA Information Letter FL/09/01

EC Regulation on Flavourings

EFFA Information Letter FL/09/01

On July 8th the European Parliament (EP) voted for the FIAP (Food Improvement Agents Package) compromises including a Regulation on Flavourings. The final regulation of the EP and Council on Flavourings was published on December, 31, 2008 (1). The Regulation will be binding as of January 20, 2011 which is 24 months after its entry into force. During these 24 months transitional period, current national legislation will still be in force.

EFFA welcomes review and updating of the flavourings legislation.

This document summarizes the major changes introduced in the new Regulation; it does not comment on the changes requiring interpretation, which will be included in an EFFA Guidance Document currently under elaboration.
Key issues are:

Scope

• The title and scope cover flavourings for use in and on foods, certain food ingredients with flavouring properties, food containing flavourings and/or food ingredients with flavouring properties and source materials.

Definitions

• The general definition of flavourings is to impart or modify odour and/or taste of the foods to which they are added.
• No distinction is made between nature-identical and artificial flavouring substances, both of which will be regarded as “Flavouring substances”.
• Two additional flavouring categories are defined i.e. “flavour precursors” and “other flavourings”.
• Process flavourings are named “Thermal process flavourings”: production conditions and maximum levels for certain substances are set.
• Requirements concerning the processes allowed for natural flavouring substances and flavouring preparations are specified.
• A distinction is established between source materials considered as “food” and “non-food”.

Labelling

• Packaging labelling of flavourings for downstream manufacturers and consumers must include details about the presence of food allergens and date of minimum durability.
• Labelling as “natural flavouring substance(s)” may only be used for flavourings where the flavouring part contains exclusively natural flavouring substances.
• Labelling as “natural X flavouring” with reference to the name of the source may only be used if the flavouring component has been obtained exclusively or by at least 95% (w/w) from the cited source, the other maximum 5% (w/w) must also be natural.
• Labelling as “natural X flavouring with other natural flavourings” may only be used when the flavouring component has been partially derived from the cited source and the flavour of the source is easily recognizable.
• Labelling as “natural flavouring” without reference to the name of the source may only be used when a flavour is derived from different source materials and a reference to the source materials would not reflect their flavour or taste.
• Smoke flavourings added to impart smoky flavour to the food must appear in the list of ingredients, either as “smoke flavouring(s)” or with a reference to the source (wood) used for its production.

Evaluation and authorisation

• A Community List will be established for:

• flavouring substances
• other flavourings;
• flavourings from the following flavouring categories when obtained from non-food sources: thermal process flavourings, flavour precursors, flavouring preparations;
• source materials other than food;
• thermal process flavourings for which the production conditions and/or the maximum levels for certain undesirable substances as set out in Annex V are not met.

Risk management of certain substances

• The risk management of certain substances naturally present in certain food ingredients with flavouring properties (e.g. herbs, spices) and/or flavourings is based upon the “major contributor approach”:

• Maximum levels (2) are established for the presence of these undesirable substances in food which contribute most to the human intake of these substances.
• Only food ingredients with flavouring properties contributing most to the intake are considered.

• A general list of substances that should not be added as such to foods is provided in Annex III A
• Flavouring and foodstuff manufacturers must, at the request of the Commission, provide
• information on the consumption and use of flavourings in specific categories of foods.

Regulatory aspects

• The text is a Regulation and no longer a Directive; this allows a more rapid and harmonized enforcement.
• The introduction of the Comitology procedure – “regulatory procedure with scrutiny” – will lead to a more rapid adaptation of the provisions to technical progress.
• All former standards (national legislation, EU or national codes of practice, other vertical legislation etc.) based upon a differentiation between nature-identical and artificial substances will require amending between the entry into force of the text (January 20, 2009) and its application, 24 months later (January 20, 2011).
• Apart from some exceptions the new EC flavouring Regulation will be binding as of January 20, 2011 which is 24 months after it has come into force. During this period of time Member States must adapt their national legislation.
• The Community List of flavouring substances which will become Annex I of this regulation will have a different publication and application date (see separate EFFA IL 08/01 on the Community List of flavouring substances).

(1) REGULATION (EC) No 1334/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC – OJ L 354, 31.12.2008, p. 34.

(2) The maximum levels shall not apply to estragole, methyleugenol and safrole where a compound food contains no added flavourings and the only food ingredients with flavouring properties that have been added are fresh, dried or frozen herbs and spices.

Status: 06-01-2009