Novel Food One Step Closer to European Tables

17 Nov 2015 --- The European Parliament and Council have reached an agreement to more effectively regulate the supply and marketing of so-called Novel Foods in the EU. The agreement will allow businesses to bring innovative food to market, whilst ensuring the highest possible levels of food safety for European consumers.

A novel food is defined as food that has not been consumed to any significant degree in the EU before May 1997 (when the first novel food legislation entered into force). This can be newly developed, innovative food or food produced using new technologies and production processes as well as food traditionally eaten outside of the EU. Recently approved novel foods include oil from Buglossoides arvensis, rapeseed protein and coriander seed oil.

Between 1997 and 2014, there have been around 170 applications for authorisation across the EU (7-10 applications/year). So far around 90 novel foods have been authorised for use.

Authorised novel food includes products traditionally eaten in non-EU countries such as chia seeds (high in omega-3 fatty acids), and food produced using the latest technological innovations such as heat-treated milk products fermented with Bacteroides xylanisolvens (DSM 23964). Other examples include "salatrim" a reduced-energy fat, DHA-rich oil from microalgae, a high-pressure fruit juice (which is an example of a food derived from new production processes).

The new novel food Regulation that has been agreed this week, aims to improve conditions so that businesses can more easily bring new and innovative food to the EU market, while still maintaining a high level of food safety for European consumers. It will offer European consumers the benefit of a broader choice of food and a more favourable environment for Europe's agri-food industry – the second largest employment sector in Europe – to benefit from innovation, which in turn is good for growth and jobs.

Commissioner for Health and Food Safety Vytenis Andriukaitis welcomes the political agreement on novel food: “I extend my thanks to both the European Parliament and the Council's Presidency for finding common ground. This agreement secures the way to bringing down barriers to using innovative technologies and techniques in the food sector, whilst ensuring safety.

“In reality, products such as chia seeds that we enjoy today went through a lengthy authorisation process before they reach our plates,” he continued. “Thanks to a centralised EU authorisation system the procedure for applicants will be simplified and will provide them with greater legal certainty. This process will be underpinned by independent scientific risk assessment, carried out by the European Food Safety Authority (EFSA), and will enable safe, innovative food to reach consumers faster.”

Special provisions are made for food which has never been marketed in the EU, but which has a proven history of safe use in non-EU countries. This creates a fairer system for traditional foods from non-EU countries and a favourable environment for trade.

Novel food will only be approved for use in the EU if they do not present a risk to public health, are not nutritionally disadvantageous when replacing a similar food and are not misleading to the consumer. They must undergo a scientific assessment prior to authorisation to ensure their safety. The authorisation sets out the conditions for their use, their designation as a food/food ingredient and labelling requirements.

Novel food is subject to the general labelling requirements laid down in (Regulation (EC) No 1169/2011). Specific additional requirements for the labelling of novel food may also apply to properly inform the consumer i.e.: warning labels that the novel food is not recommended for certain vulnerable groups. The label must mention the name of the food, and, where appropriate, specify the conditions of use. Any nutrition and health claim must be compatible with the Health and Nutrition Claims Regulation (EC) No 1924/2006 (see MEMO/06/200).

Promoting food innovation is an important feature in the agreement. Under the new system, the company will be given the authorisation to market the food for 5 years, provided it creates innovation that is supported by new scientific data.

Individual member states will not have the final say, however. The Novel Food Regulation lays down harmonised measures for the authorisation of novel food, which means that once a foodstuff is approved for marketing in the EU, it can be sold in any EU Member State. However, an EU Member State can suspend or provisionally restrict the marketing and use of any novel food, if they believe it to constitute a health hazard according to the safeguard provisions of the General Food Law.

After today’s agreement, the new Regulation has to be formally adopted by the European Parliament and the Council before its publication in the Official Journal of the European Union. The new rules apply two years from the date of entry into force of the new Regulation (around end 2017).