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Statutory Instruments

2024 No. 685

Food, England

The Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024

F1Made

22nd May 2024

Laid before Parliament

23rd May 2024

Coming into force

28th June 2024

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles 7(4), (5), and 14A(2)(b) of Regulation (EC) No. 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings (1) and Articles 12(1) and 32A(3)(b) of of the European Parliament and of the Council on novel foods, etc.(Regulation (EU) 2015/22832).

In relation to Parts 2 and 3, the Secretary of State sought, and had regard to, advice from the Food Standards Agency as required by Article 7(4) and (5) of Regulation 1331/2008.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

PART 1 Introduction

Citation, commencement, extent and applicationI1

1.[F1—(1) These Regulations may be cited as the Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024 and come into force on 28th June 2024.

(2) These Regulations extend to England and Wales, but apply in relation to England only.F1]

PART 2 Food Additives

Amendment of Regulation (EC) No. 1333/2008

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Commission Regulation (EU) No. 231/2012

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 Food Flavourings

Amendment of Regulation (EC) No. 1334/2008 I2

F14.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1(2) In Part A, Section 2, Table 1 (the domestic list), the entries for the following are omitted in full—

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)FL No. “07.046” chemical name “Vanillylidene acetone”;

(c)FL No. “07.049” chemical name “1-(4-Methoxyphenyl)-4-methylpent-1-en-3-one”;

(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;

(e)FL No. “07.258” chemical name “6-Methyl-3-hepten-2-one”;

(f)FL No. “10.034” chemical name “5,6-Dihydro-3,6-dimethylbenzofuran-2(4H)-one”;

(g)FL No. “10.036” chemical name “5,6,7,7a-Tetrahydro-3,6-dimethylbenzofuran-2(4H)-one”;

(h)FL No. “10.042” chemical name “3,4-Dimethyl-5-pentylidenefuran-2(5H)-one”;

(i)FL No. “10.043” chemical name “2,7-Dimethylocta-5(trans),7-dieno-1,4-lactone”;

(j)FL No. “10.046” chemical name “Hex-2-eno-1,4-lactone”;

(k)FL No. “10.054” chemical name “Non-2-eno-1,4-lactone”;

(l)FL No. “10.060” chemical name “2-Decen-1,4-lactone”;

(m)FL No. “10.170” chemical name “5-Pentyl-3H-furan-2-one”;

(n)FL No. “13.004” chemical name “Allyl 2-furoate”;

(o)FL No. “13.034” chemical name “3-(2-furyl)acrylaldehyde”;

(p)FL No. “13.043” chemical name “Furfurylidene-2-butanal”;

(q)FL No. “13.044” chemical name “4-(2-Furyl)but-3-en-2-one”;

(r)FL No. “13.046” chemical name “3-(2-Furyl)-2-methylprop-2-enal”;

(s)FL No. “13.066” chemical name “3-Acetyl-2,5-dimethylfuran”;

(t)FL No. “13.103” chemical name “2-Butylfuran”;

(u)FL No. “13.137” chemical name “3-(2-Furyl)-2-phenylprop-2-enal”; and

(v)FL No. “13.150” chemical name “3-(5-Methyl-2-furyl)prop-2-enal”.F1]

Transitional provisionI3

5. —(1) The flavouring substances referred to in regulation 4(2)(a) to (v), and foods containing them may, until their date of minimum durability of a food or ‘use by’ date, be placed on the market and, as the case may be, added to other foods, if —

(a)present in the United Kingdom and were, or could have been, lawfully placed on the market in Great Britain before the end of 27th June 2024; or

(b)in transit to Great Britain before the end of 27th June 2024, and could have lawfully been imported, or moved into Great Britain, and placed on the market as at the date of dispatch.

(2) Foods containing one or more flavouring substances to which regulation 5(1)(a) or (b) applies may, until their date of minimum durability of a food or ‘use by’ date, be placed on the market and, as the case may be, added to other foods.

(3) The following expressions have the same meaning as they bear in of the European Parliament and of the Council on the provision of food information to consumers etc(Regulation (EU) No.1169/20114) —

(a) date of minimum durability of a food”; and

(b) “‘use by’ date”.

(4) Any expression used in both this regulation and Regulation of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods etc((EC) No. 1334/20085) has the meaning it bears in that Regulation.

PART 4 Novel Foods

Amendment of Commission Implementing Regulation (EU) 2017/2470

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Andrea Leadsom

Parliamentary Under Secretary of State

Department of Health and Social Care

22nd May 2024

F1SCHEDULE 1

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F1SCHEDULE 2

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F1SCHEDULE 3

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F1SCHEDULE 5

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F1SCHEDULE 6

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F1SCHEDULE 7

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F1SCHEDULE 8

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F1SCHEDULE 9

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F1SCHEDULE 10

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F1SCHEDULE 11

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(1)

EUR 2008/1331, amended by S.I. 2019/860; there are other amending instruments but none is relevant. The terms “domestic list”, “prescribe” and “appropriate authority” are defined in Article 2.

(2)

EUR 2015/2283, amended by S.I. 2019/702; there are other amending instruments but none is relevant. The terms “prescribe”, “appropriate authority”, and “list” are defined in Article 3. Article 12(1) applies in accordance with Articles 9 and 27(1).

(3)

EUR 2002/178, amended by S.I. 2019/641; there are other amending instruments but none is relevant.

(4)

EUR 2011/1169; to which there are amendments not relevant to these Regulations.

(5)

EUR 2008/1334; amended by S.I. 2019/860; there are other amending instruments but none is relevant.

Status: There are currently no known outstanding effects for The Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024.
The Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024 (2024/685)
Version from: 1 April 2025

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regulations revoked (except for reg. 5 and regs. 1, 4(2)(a)-(v) so far as they relate to reg. 5) (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 3 para. (i) (with reg. 23) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I1 Reg. 1 in force at 28.6.2024, see reg. 1(1)
I2 Reg. 4 in force at 28.6.2024, see reg. 1(1)
I3 Reg. 5 in force at 28.6.2024, see reg. 1(1)
Defined Term Section/Article ID Scope of Application
date of minimum durability of a food reg. 5. of PART 3 def_ab7508f226
use by reg. 5. of PART 3 def_300cdaf0ae
use by reg. 5. of PART 3 def_7663960624

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