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May 07, 2018

EU Regulation n. 2018/456 - Market Placement of a new food product: arrangements for consulting a State Member for obtaining an indication about the food falling in Community Legislation

The European Commission has laid down the ways in which the food business operator is not sure whether the food that he intends to place on the Union market falls within the scope of the legislation regulating the placing on the market and the use of novel foods in the Union, should consult the Member State where it intends to place the new food on the market for the first time, in order to have information on this.

IN DEPTH
The European Commission, with Regulation of 19 March 2018 n. 456, provided for the procedural steps of the consultation process for determining the status of new food.

The Regulation entered into force on 9 April 2018.

Recall that new food means any food not used to a significant extent for human consumption in the Union before 15 May 1997, irrespective of the date of accession to the Union of the Member States, and which falls into at least one of the following categories :

  • foods with a new or deliberately modified molecular structure that was not used as food or in a foodstuff in the Union before 15 May 1997;
  • foods made, isolated or produced by microorganisms, fungi or algae;
  • foods made, isolated or produced from materials of mineral origin;
  • food consisting of, isolated from, or produced from, plants or parts thereof, with the exception of foods which have a history of safe use as food in the Union and are constituted, isolated or produced from a plant or a variety of the same species obtained by:

-) traditional breeding practices used for food production in the Union before 15 May 1997;
or
-) non-traditional reproduction practices not used for food production in the Union before 15 May 1997 where such practices do not lead to significant changes in the composition or structure of the food which could affect its nutritional value, metabolism or undesirable substances;

  • foodstuffs which are constituted, isolated or obtained from animals or parts thereof, with the exception of animals obtained through traditional breeding practices used for food production in the Union before 15 May 1997 where such food obtained from such animals has a history of safe use as food in the Union;
  • foods made, isolated or produced from cell cultures or tissues derived from animals, plants, micro-organisms, fungi or algae;
  • foods resulting from a new production process not used for food production in the Union before 15 May 1997, involving significant changes in the composition or structure of the food which affect its nutritional value, metabolism or undesirable substances;
  • food consisting of, isolated from, or produced from, plants or parts thereof, with the exception of foods which have a history of safe use as food in the Union and are constituted, isolated or produced from a plant or a variety of the same species obtained by:

-) traditional breeding practices used for food production in the Union before 15 May 1997;
or
-) non-traditional reproduction practices not used for food production in the Union before 15 May 1997 where such practices do not lead to significant changes in the composition or structure of the food which could affect its nutritional value, metabolism or undesirable substances;

  • foodstuffs which are constituted, isolated or obtained from animals or parts thereof, with the exception of animals obtained through traditional breeding practices used for food production in the Union before 15 May 1997 where such food obtained from such animals has a history of safe use as food in the Union;
  • foods made, isolated or produced from cell cultures or tissues derived from animals, plants, micro-organisms, fungi or algae;
  • foods resulting from a new production process not used for food production in the Union before 15 May 1997, involving significant changes in the composition or structure of the food which affect its nutritional value, metabolism or undesirable substances;
  • foods made from engineered nanomaterials;
  • vitamins, minerals and other substances used:

-) resulting from a production process not used for food production in the Union before 15 May 1997;
or
-) containing or consisting of engineered nanomaterials;

  • foods used exclusively in food supplements in the Union before 15 May 1997, if they are intended for use in foods other than food supplements.