‘Not suitable for under 4s': New industry guidance issued on glycerol in slush-ice drinks
Following reports of some children falling ill with glycerol intoxication, we are advising businesses to follow voluntary guidance on the use of Glycerol (E 422) in slush-ice drinks.
Glycerol is a key ingredient used in the production of slush-ice drinks. It maintains the slush properties, preventing the liquid from freezing solid. However, there have been cases of children becoming unwell following excessive consumption.
We have been working with industry on voluntary guidance to protect vulnerable consumers and have agreed the following four principles:
- Brand owners will ensure that their customers are fully aware of the FSA’s risk assessment of the use of glycerol in slush-ice drinks
- Brand owners will formulate products to contain glycerol at the minimum quantity technically necessary to achieve the required ‘slush’ drink effect
- Brand owners will advise their customers that sales of slush-ice drinks containing glycerol should be accompanied by a written warning visible at point of sale – “Product contains glycerol. Not recommended for children 4 years of age and under’”
- The business model of free refills is not recommended in venues where children under 10 years of age will consume them
Learn more: https://www.food.gov.uk/news-alerts/news/not-suitable-for-under-4s-new-industry-guidance-issued-on-glycerol-in-slush-ice-drinks
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Precautionary allergen labelling (PAL) technical guidance
As a result of a recent consultation, the FSA has updated the food allergen labelling and information technical guidance. Key changes include new best practices on the application of precautionary allergen labels (PALs) to prepacked foods, including:
- only apply a PAL if an unavoidable risk of allergen cross-contamination has been identified which cannot be sufficiently controlled
- specify which of the 14 regulated allergens a PAL refers to, and where the allergen is a group of foods, in addition, list the specific food(s) within that food group that have been identified as posing a risk (e.g., not suitable for consumers with nut (hazelnut) allergy)
- a free-from statement cannot be used in combination with a PAL for the same allergen
- how and why a vegan claim can be used in combination with a PAL
Changes also include new best practice standard on no gluten containing ingredients (NGCI) statements for non-prepacked foods.
New Food and Drink Federation (FDF) guidance has also been published on how food businesses should apply precautionary allergen labels and communicate a change in allergen profile of a food product.
EU proposals to amend four 'Breakfast Directives'
The European Parliament and EU Member States have agreed to proposals to amend four of the seven EU Directives on honey, fruit juices, dehydrated preserved milk products and jams, jellies & marmalades, collectively known as the 'Breakfast Directives'. Final publication is expected in the coming months.
The legislation is expected to come into force in mid-2024, with a 24-month transition period to allow sufficient time for operators to adjust. The FSA will seek to engage with relevant industry stakeholders following publication of the proposals.
Removal of authorisation for two smoke flavouring primary products
From 1 January 2024, two smoke flavourings (SF-007 and SF-010) have been removed from the list of approved smoke flavourings and can no longer be used in foods placed on the UK and EU markets. Foods containing these smoke flavourings that were placed on the market before 1 January 2024 may be sold until their use-by date.
Smoke flavourings are regulated products and Commission Implementing Regulation (EU) No 1321/2013 originally authorised ten smoke flavouring primary products for a 10-year period, until 1 January 2024. The remaining eight smoke flavouring primary product authorisations have been extended until 30 June 2024 in both the UK and the EU, pursuant to Article 12(4) or Regulation (EC) No. 2065/2003, whilst undergoing assessment for renewal.
EU reduces limits on the use of nitrates and nitrites in certain foods
In October 2023, the European Commission (EC) published Commission Regulation (EU) No. 2023/2108, making changes to the specifications and levels of nitrites (E 249-50) and nitrates (E 251-252) permitted for use as food additives.
Nitrates and nitrites are used in certain cheeses and processed meats such as bacon, ham, corned beef and other cured meats to perform a range of technological functions including as a preservative, and to inhibit microbial growth, in particular, clostridium botulinum.
Transitional arrangements have been introduced in the EU regulation, ranging from two to four years, allowing businesses time to adapt to the revised conditions of use and specifications.
Northern Ireland
This regulation will directly affect businesses in Northern Ireland who use food additives E 249 – E 252, particularly those producing hams, bacon, cured meats, processed fishery products and cheeses.
Businesses will wish to consider if measures such as reformulation may be required to keep their use of these food additives within the new maximum levels of use, while ensuring food safety is not compromised for the food they produce. Northern Ireland businesses will be able to continue freely marketing products manufactured to the new EU rules across the UK.
Great Britain
Assimilated Law 1333/2008 lays down the conditions of use for nitrates and nitrites in England, Wales and Scotland.
We welcome any feedback from industry following the latest EC announcement by emailing infofsani@food.gov.uk
Removal of stearyl tartrate (E 483) as a food additive
The EU has published Commission Regulation (EU) 2023/2379 removing the food additive, stearyl tartrate (E 483) from the EU list of approved food additives from 23 April 2024.
Stearyl tartrate is an emulsifier and stabiliser which was originally approved for use in a limited number of food categories. The EU is removing the authorisation for this food additive after industry failed to provide the necessary toxicity studies to support the risk assessment, meaning that EFSA could not conclude on its safety.
Northern Ireland
Businesses producing food in Northern Ireland for the Northern Ireland/EU market will no longer be able to use this additive. However, it is expected to have a limited effect on Northern Ireland businesses as this emulsifier has a very limited use by industry – there are only minimal provisions for the use of this emulsifier, and other emulsifiers are available to perform the same technological functions in food.
Great Britain
Stearyl tartrate is currently authorised under Assimilated Regulation 1333/2008 for use in the food categories: Flavoured fermented milk products (FC 1.4), Bread and rolls (FC 7.1), Fine bakery wares (FC 7.2) and Desserts (FC 16). Businesses in GB who are producing food for a UK only market may continue to use this food additive in line with assimilated law.
Iron hydroxide adipate tartrate in food supplements
The EU updated the Annex to Directive 2002/46/EC, via amending Regulation (EU) 2024/248, to permit the use of iron hydroxide adipate tartrate as an additional form of iron in the manufacture of food supplements. Should manufacturers choose to use this new source of iron, they should comply with any relevant conditions set out in Regulation (EU) 2022/1373.
These changes came into effect on 6 February 2024.
Consultations
Consultation on Fairer Food Labelling
On 12 March 2024, Defra launched a UK-wide public consultation on Fairer Food Labelling which closes on 7 May 2024. This consultation seeks views on proposals to improve transparency and consistency through improved country of origin, and animal welfare labelling in the UK.
EU consultation on proposed changes to Listeria monocytogenes criteria in ready-to-eat (RTE) foods
On 10 April 2024, the European Commission launched a consultation on proposed Listeria monocytogenes criteria changes in ready-to-eat (RTE) foods as specified in EU Regulation 2073/2005. Businesses should be aware that the proposal involves amending Annex I to Regulation (EC) No 2073/2005 as regards the stage of the food chain where food safety criterion 1.2 applies.
The consultation is now open until 8 May 2024. We urge businesses to respond to the consultation with any concerns regarding the potential implications of these proposed changes. We also encourage respondents to keep us informed of their responses by forwarding any feedback to infofsani@food.gov.uk
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