PART 3Amendments relating to food additives, food enzymes and food flavourings

Amendment of Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods, etc.

regulation 9 + 9.—(1) Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods, etc.(1), is amended as follows.

(2) In Article 1, in the second subparagraph—

regulation 9 2 a + (a)for point (a) substitute—

“(a)the authorisation of food flavourings and source materials for use in or on foods;”;

regulation 9 2 b + (b)after point (c) insert—

“(d)the use of flavouring substances under evaluation in or on foods.”.

(3) In Article 3(2), after point (l) insert—

“(m)‘flavouring substance under evaluation’ means a substance which, immediately before the entry into force of the Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025, was:

(i)permitted to be placed on the market and used in or on foods by virtue of Article 4 of Commission Implementing Regulation (EU) No 872/2012(2); and

(ii)listed in a table (whether the table concerned related to England, Scotland or Wales) in Part A of Annex I to this Regulation and, in the entry for the substance concerned in that table, that substance was indicated by a footnote in column (8) of the table concerned.”.

(4) In Article 8—

regulation 9 4 a + (a)in the heading, for “approval” substitute “authorisation”;

regulation 9 4 b + (b)in paragraph 1, for “approval” substitute “authorisation”.

(5) Before Article 9, for the heading for Chapter III, substitute “AUTHORISATION OF FOOD FLAVOURINGS AND SOURCE MATERIALS FOR USE IN OR ON FOODS”.

(6) In Article 9, in the heading, for “approval” substitute “authorisation”.

(7) For Article 10, substitute—

“Article 9AFlavouring substances under evaluation

1.  A flavouring substance under evaluation may, pursuant to regulation 23 (savings and transitional provision: general) of the Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025, continue to be placed on the market and used in or on foods, until the appropriate authority determines the authorisation status of that substance.

2.  The authorisation status of a flavouring substance under evaluation is to be determined in accordance with Regulation (EC) No 1331/2008.

3.  A substance ceases to be a flavouring substance under evaluation once the appropriate authority has determined the authorisation status of that substance.

Article 10Flavourings and source materials that may be placed on the market or used in or on foods

Only authorised flavourings and source materials referred to in Article 9 and, pursuant to regulation 23 (savings and transitional provision: general) of the Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025, flavouring substances under evaluation, may be placed on the market as such and used in or on foods under the conditions of use specified in relation to the substance concerned.”.

(8) In Article 11—

regulation 9 8 a + (a)for the heading, substitute “Authorisation of flavourings and source materials”;

regulation 9 8 b + (b)in paragraph 1, for “included in the domestic list” substitute “authorised”;

regulation 9 8 c + (c)in paragraph 2—

regulation 9 8 c i + (i)for “entry for” substitute “authorisation of”;

regulation 9 8 c ii + (ii)omit “in the domestic list”;

regulation 9 8 c iii + (iii)for “approved” substitute “authorised”;

regulation 9 8 d + (d)omit paragraph 3.

(9) In Article 12—

regulation 9 9 a + (a)in paragraph 1, for “included in the domestic list in Annex I” substitute “authorised”;

regulation 9 9 b + (b)in paragraph 2, for “already included in the domestic list” substitute “that is already authorised”.

(10) After Article 12, insert—

“Article 12ADetails to be included in the domestic list

The Authority must include in the domestic list published and maintained under Regulation (EC) No 1331/2008:

(a)the details described in Article 11(2); and

(b)equivalent information for each flavouring substance under evaluation.”.

(11) In Article 19(2), for “approved” substitute “authorised”.

(12) Omit Annex I.