Proposed changes to the structure of EU food additives legislation (Scotland)

Changes will shortly be made to the structure of EU food additives legislation to make it easier to identify which additives are permitted in foods.

Article 30 of Regulation 1333/2008 on food additives requires additives permitted in foods and their conditions of use to be transferred from the Annexes in Directives 95/2/EC (miscellaneous additives), 94/35/EC (sweeteners) and 94/36/EC (colours) to Annex II of Regulation 1333/2008. In addition, Article 4.3 of the Regulation specifies that the additives shall be listed on the basis of the categories of food to which they may be added. To this end, the European Commission has developed a hierarchal Food Categorisation System (FCS), based on the Codex General Standard on Food Additives (GSFA), but adapted to European stakeholders’ requirements.

The European Commission has created draft tables that cover 16 different food categories, divided into a number of sub-categories, that are intended to comprise the FCS (see link below). Additives permitted to be used are listed against each sub-category, together with conditions of use. The tables, drawn up by the European Commission, take into account comments from EU Member States and those received during bilateral stakeholder consultations. An introduction document to the FCS has also been drafted.

It is not intended that new or additional uses of additives should be permitted by this exercise.

Key proposal(s):

• To change the structure of EU food additives legislation for simplication purposes as shown in the draft tables attached.

The European Commission has already consulted informally with industry trade associations and with EU Member States on the proposed transfer exercise and the Food Standards Agency has written to the relevant food sectors seeking comments.

To provide a further check on accuracy, comments are now sought from all UK stakeholders on any errors or omissions in the tables as regards permitted additives. In addition, comments are welcomed on the descriptors of the food categories that can be found in the second worksheet in each workbook. The Commission plans that, at the current time, these descriptors will be indicative/advisory rather than legally binding. Comments would also be appreciated on the draft introductory document to the FCS.

For ease of reference please see link below to the consolidated versions of the three Directives and to Regulation 1333/2008.

If you would like to receive hard copies of these draft tables and, or of the working document on the establishment of the Community list of food additives, please contact me at the email or telephone number provided or alternatively the consultation will be available from the FSA website.

A timetable for the completion of the FCS work is in Annexe C of the consultation documents. As you will see, discussions on this work are planned at Working Group meetings in Brussels in June and possibly in July and September. Comments would be appreciated as soon as possible so that they can be fed into these ongoing discussions.

Responses are required by Friday 27 August. Please state, in your response, whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents).

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk