The new amending regulation reflects an EFSA opinion published in April 2021. Commission Delegated Regulation (EU) 2022/2182 came into force on 29 November 2022, and amends Delegated Regulation (EU) 2017/1798 by:
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Removing the minimum quantity of linoleic acid contained in total diet replacement for weight control products.
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Reducing the minimum quantity of alpha-linoleic acid in total diet replacement for weight control products to no less than 0.8g per day from 1.4g per day.
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Increasing the maximum quantity of magnesium in a daily ration from 250mg to 350mg for total diet replacement for weight control products.
TDR products are complex, consisting of low and very low-calorie diet foods that are specially formulated to replace the whole of the diet for overweight or obese adults, who intend to achieve weight reduction. The essential composition of TDR must satisfy the daily nutritional requirements of overweight or obese adults in good health. TDR products are distinct from meal replacement products for weight control, which are treated as general foods.
The European Union has amended Annex III of Regulation (EC) No 1925/2006 with specific regard to green tea extracts containing ()- epigallocatechin-3-gallate.
From 21 December 2022, the use of green tea extracts containing ()- epigallocatechin-3-gallate in food and food supplements is only allowed in line with the conditions specified in Annex III, part B of Regulation (EC) No 1925/2006. The specific requirements are;
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Daily portion of food shall contain less than 800 mg of (-)-epigallocatechin-3-gallate.
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The label shall provide the maximum number of portions of the food for daily consumption and a warning not to consume a daily amount of 800 mg of (-)-epigallocatechin-3-gallate or more.
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The label shall indicate the content of (-)- epigallocatechin-3-gallate per portion of the food.
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The label shall include the following warnings when it should not be consumed:
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When consuming other products containing green tea on the same day.
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Pregnant or lactating women and children below 18 years old.
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On an empty stomach.
Due to scientific uncertainty, green tea extracts containing less than 800 mg of (-)- epigallocatechin-3-gallate in foods and food supplements have been included in the Community Scrutiny list under Part C of Annex III to Regulation (EC) No 1925/2006.
Under the current terms of the Northern Ireland Protocol, this update applies directly to Northern Ireland.
This reminder follows a previous industry update in July 2022.
In August 2022, the EU authorised the use of enzymatically produced steviol glycosides (E960c) for use as a food additive, in Commission Regulation (EU) No. 2021/1156. This regulation came into force on 3 August 2021, with an 18-month transition period, which ends 2 February 2023.
From 2 February 2023, food products containing steviol glycosides derived from stevia (originally E960) must be labelled as E960a. Foods containing enzymatically produced steviol glycosides must be labelled E960c. Foods placed on the market, prior to 2 February 2023, containing steviol glycosides derived from stevia, may remain until they reach their date of minimum durability or ‘use by’ date.
Steviol glycosides (from the Stevia plant) are non-nutritive sweeteners often used in jams, chewing gum, drinks, yogurts, and confectionary. It is also available in pure form for use in tea, coffee, and baking.
Steviol glycosides produced from stevia should continue to be labelled as E960 in England, Scotland and Wales as E960c is not currently authorised for use as a food additive and therefore, may not be placed on the market in Great Britain.
Manufacturers must produce products that comply with the market they are destined for. A similar application for the use of E960c (enzymatically produced steviol glycosides) as a food additive has been received and is being processed through the UK Regulated Products Application System. This is still under consideration, and no outcome has yet been reached.
The FSA has launched an additional UK wide regulated product consultation on two products to be placed on the market in Great Britain. This is an opportunity to input on the advice given to Ministers to inform decision making on these applications.
Contents: one novel food application and one food additive application.
Launch date- 23 January 2023
Closing date- 6 February 2023
The consultation concerns the following regulated products:
RP1158 Vitamin D2 mushroom powder - novel food
RP1194 Rebaudioside M – food additive
These products were subject to an initial public consultation which ran between 17 October and the 11 December 2022. Following the original consultation, an error and an omission in the novel food information and an omission in the food additive information published has been identified.
In Northern Ireland, EU Food Law on novel foods and food additives continues to apply, under the current terms of the Protocol on Ireland/Northern Ireland. The regulated products included within these consultations are authorised for use in Northern Ireland, therefore, authorising in England, Scotland and Wales would not result in divergence within the UK.
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