Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (Text with EEA relevance)

• CELEX: Regulation (EC) No 1334/2008
• Articles: 35

Article 1 Subject matter

This Regulation lays down rules on flavourings and food ingredients with flavouring properties for use in and on foods with a view to ensuring the effective functioning of the internal market whilst ensuring a high level of protection of human health and a high level of consumer protection, including the protection of consumer interests and fair practices in food trade, taking into account, where appropriate, the protection of the environment.

For those purposes, this Regulation provides for:

(a)

a Community list of flavourings and source materials approved for use in and on foods, set out in Annex I (hereinafter referred to as the ‘Community list’);

(b)

conditions of use of flavourings and food ingredients with flavouring properties in and on foods;

(c)

rules on the labelling of flavourings.

Article 2 Scope

1.   This Regulation shall apply to:

(a)

flavourings which are used or intended to be used in or on foods, without prejudice to more specific provisions laid down in Regulation (EC) No 2065/2003;

(b)

food ingredients with flavouring properties;

(c)

food containing flavourings and/or food ingredients with flavouring properties;

(d)

source materials for flavourings and/or source materials for food ingredients with flavouring properties.

2.   This Regulation shall not apply to:

(a)

substances which have exclusively a sweet, sour or salty taste;

(b)

raw foods;

(c)

non-compound foods and mixtures such as, but not exclusively, fresh, dried or frozen spices and/or herbs, mixtures of tea and mixtures for infusion as such as long as they have not been used as food ingredients.

Article 3 Definitions

1.   For the purposes of this Regulation, the definitions laid down in Regulations (EC) No 178/2002 and (EC) No 1829/2003 shall apply.

2.   For the purposes of this Regulation, the following definitions shall also apply:

(a)

‘flavourings’ shall mean products:

(i)

not intended to be consumed as such, which are added to food in order to impart or modify odour and/or taste;

(ii)

made or consisting of the following categories: flavouring substances, flavouring preparations, thermal process flavourings, smoke flavourings, flavour precursors or other flavourings or mixtures thereof;

(b)

‘flavouring substance’ shall mean a defined chemical substance with flavouring properties;

(c)

‘natural flavouring substance’ shall mean a flavouring substance obtained by appropriate physical, enzymatic or microbiological processes from material of vegetable, animal or microbiological origin either in the raw state or after processing for human consumption by one or more of the traditional food preparation processes listed in Annex II. Natural flavouring substances correspond to substances that are naturally present and have been identified in nature;

(d)

‘flavouring preparation’ shall mean a product, other than a flavouring substance, obtained from:

(i)

food by appropriate physical, enzymatic or microbiological processes either in the raw state of the material or after processing for human consumption by one or more of the traditional food preparation processes listed in Annex II;

and/or

(ii)

material of vegetable, animal or microbiological origin, other than food, by appropriate physical, enzymatic or microbiological processes, the material being taken as such or prepared by one or more of the traditional food preparation processes listed in Annex II;

(e)

‘thermal process flavouring’ shall mean a product obtained after heat treatment from a mixture of ingredients not necessarily having flavouring properties themselves, of which at least one contains nitrogen (amino) and another is a reducing sugar; the ingredients for the production of thermal process flavourings may be:

(i)

food;

and/or

(ii)

source material other than food;

(f)

‘smoke flavouring’ shall mean a product obtained by fractionation and purification of a condensed smoke yielding primary smoke condensates, primary tar fractions and/or derived smoke flavourings as defined in points (1), (2) and (4) of Article 3 of Regulation (EC) No 2065/2003;

(g)

‘flavour precursor’ shall mean a product, not necessarily having flavouring properties itself, intentionally added to food for the sole purpose of producing flavour by breaking down or reacting with other components during food processing; it may be obtained from:

(i)

food;

and/or

(ii)

source material other than food;

(h)

‘other flavouring’ shall mean a flavouring added or intended to be added to food in order to impart odour and/or taste and which does not fall under definitions (b) to (g);

(i)

‘food ingredient with flavouring properties’ shall mean a food ingredient other than flavourings which may be added to food for the main purpose of adding flavour to it or modifying its flavour and which contributes significantly to the presence in food of certain naturally occurring undesirable substances;

(j)

‘source material’ shall mean material of vegetable, animal, microbiological or mineral origin from which flavourings or food ingredients with flavouring properties are produced; it may be:

(i)

food;

or

(ii)

source material other than food;

(k)

‘appropriate physical process’ shall mean a physical process which does not intentionally modify the chemical nature of the components of the flavouring, without prejudice to the listing of traditional food preparation processes in Annex II, and does not involve, inter alia , the use of singlet oxygen, ozone, inorganic catalysts, metal catalysts, organometallic reagents and/or UV radiation.

3.   For the purpose of the definitions listed in paragraph 2(d), (e), (g) and (j), source materials for which hitherto there is significant evidence of use for the production of flavourings shall be considered as food for the purpose of this Regulation.

4.   Flavourings may contain food additives as permitted by Regulation (EC) No 1333/2008 and/or other food ingredients incorporated for technological purposes.

Article 4 General conditions for use of flavourings or food ingredients with flavouring properties

Only flavourings or food ingredients with flavouring properties which meet the following conditions may be used in or on foods:

(a)

they do not, on the basis of the scientific evidence available, pose a safety risk to the health of the consumer; and

(b)

their use does not mislead the consumer.

Article 5 Prohibition of non-compliant flavourings and/or non-compliant food

No person shall place on the market a flavouring or any food in which such a flavouring and/or food ingredients with flavouring properties are present if their use does not comply with this Regulation.

Article 6 Presence of certain substances

1.   Substances listed in Part A of Annex III shall not be added as such to food.

2.   Without prejudice to Regulation (EC) No 110/2008, maximum levels of certain substances, naturally present in flavourings and/or food ingredients with flavouring properties, in the compound foods listed in Part B of Annex III shall not be exceeded as a result of the use of flavourings and/or food ingredients with flavouring properties in and on those foods. The maximum levels of the substances set out in Annex III shall apply to foods as marketed, unless otherwise stated. By way of derogation from this principle, for dried and/or concentrated foods which need to be reconstituted, the maximum levels shall apply to the food as reconstituted according to the instructions on the label, taking into account the minimum dilution factor.

3.   Detailed rules for the implementation of paragraph 2 may be adopted in accordance with the regulatory procedure referred to in Article 21(2), following the opinion of the European Food Safety Authority (hereinafter referred to as the ‘Authority’), where necessary.

Article 7 Use of certain source materials

1.   Source materials listed in Part A of Annex IV shall not be used for the production of flavourings and/or food ingredients with flavouring properties.

2.   Flavourings and/or food ingredients with flavouring properties produced from source materials listed in Part B of Annex IV may be used only under the conditions indicated in that Annex.

Article 8 Flavourings and food ingredients with flavouring properties for which evaluation and approval are not required

1.   The following flavourings and food ingredients with flavouring properties may be used in or on foods without an evaluation and approval under this Regulation, provided that they comply with Article 4:

(a)

flavouring preparations referred to in Article 3(2)(d)(i);

(b)

thermal process flavourings referred to in Article 3(2)(e)(i) which comply with the conditions for the production of thermal process flavourings and maximum levels for certain substances in thermal process flavourings set out in Annex V;

(c)

flavour precursors referred to in Article 3(2)(g)(i);

(d)

food ingredients with flavouring properties.

2.   Notwithstanding paragraph 1, if the Commission, a Member State or the Authority expresses doubts concerning the safety of a flavouring or food ingredient with flavouring properties referred to in paragraph 1, a risk assessment of such flavouring or food ingredient with flavouring properties shall be carried out by the Authority. Articles 4, 5 and 6 of Regulation (EC) No 1331/2008 shall then apply mutatis mutandis . If necessary, the Commission shall adopt measures, following the opinion of the Authority, which are designed to amend non-essential elements of this Regulation, inter alia , by supplementing it, in accordance with the regulatory procedure with scrutiny referred to in Article 21(3). Such measures shall be laid down in Annexes III, IV and/or V where appropriate. On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 21(4).

Article 9 Flavourings and source materials for which an evaluation and approval is required

This Chapter shall apply to:

(a)

flavouring substances;

(b)

flavouring preparations referred to in Article 3(2)(d)(ii);

(c)

thermal process flavourings obtained by heating ingredients which fall partially or totally within Article 3(2)(e)(ii) and/or for which the conditions for the production of thermal process flavourings and/or the maximum levels for certain undesirable substances set out in Annex V are not met;

(d)

flavour precursors referred to in Article 3(2)(g)(ii);

(e)

other flavourings referred to in Article 3(2)(h);

(f)

source materials other than food referred to in Article 3(2)(j)(ii).

Article 10 Community list of flavourings and source materials

Of the flavourings and source materials referred to in Article 9, only those included in the Community list may be placed on the market as such and used in or on foods under the conditions of use specified therein, where applicable.

Article 11 Inclusion of flavourings and source materials in the Community list

1.   A flavouring or source material may be included in the Community list, in accordance with the procedure laid down by Regulation (EC) No 1331/2008, only if it complies with the conditions set out in Article 4 of this Regulation.

2.   The entry for a flavouring or source material in the Community list shall specify:

(a)

the identification of the flavouring or the source material approved;

(b)

where necessary, the conditions under which the flavouring may be used.

3.   The Community list shall be amended in accordance with the procedure referred to in Regulation (EC) No 1331/2008.

Article 12 Flavourings or source materials falling within the scope of Regulation (EC) No 1829/2003

1.   A flavouring or source material falling within the scope of Regulation (EC) No 1829/2003 may be included in the Community list in Annex I in accordance with this Regulation only when it is covered by an authorisation in accordance with Regulation (EC) No 1829/2003.

2.   When a flavouring already included in the Community list is produced from a different source falling within the scope of Regulation (EC) No 1829/2003, it will not require a new authorisation under this Regulation, as long as the new source is covered by an authorisation in accordance with Regulation (EC) No 1829/2003 and the flavouring complies with the specifications established under this Regulation.

Article 13 Interpretation decisions

Where necessary, it may be decided in accordance with the regulatory procedure referred to in Article 21(2):

(a)

whether or not a given substance or mixture of substances, material or type of food falls within the categories listed in Article 2(1);

(b)

to which specific category, defined in Article 3(2)(b) to (j), a given substance belongs;

(c)

whether or not a particular product belongs to a food category or is a food referred to in Annex I or Annex III, Part B.

Article 14 Labelling of flavourings not intended for sale to the final consumer

1.   Flavourings not intended for sale to the final consumer may only be marketed with the labelling provided for in Articles 15 and 16, which must be easily visible, clearly legible and indelible. The information provided for in Article 15 shall be in a language easily understandable to purchasers.

2.   Within its own territory, the Member State in which the product is marketed may, in accordance with the Treaty, stipulate that the information provided for in Article 15 shall be given in one or more of the official languages of the Community, to be determined by that Member State. This shall not preclude such information from being indicated in several languages.

Article 15 General labelling requirements for flavourings not intended for sale to the final consumer

1.   Where flavourings not intended for sale to the final consumer are sold singly or mixed with each other and/or with other food ingredients and/or with other substances added to them in accordance with Article 3(4), their packaging or containers shall bear the following information:

(a)

the sales description: either the word ‘flavouring’ or a more specific name or description of the flavouring;

(b)

the statement either ‘for food’ or the statement ‘restricted use in food’ or a more specific reference to its intended food use;

(c)

if necessary, the special conditions for storage and/or use;

(d)

a mark identifying the batch or lot;

(e)

in descending order of weight, a list of:

(i)

the categories of flavourings present and

(ii)

the names of each of the other substances or materials in the product or, where appropriate, their E-number;

(f)

the name or business name and address of the manufacturer, packager or seller;

(g)

an indication of the maximum quantity of each component or group of components subject to quantitative limitation in food and/or appropriate information in clear and easily understandable terms enabling the purchaser to comply with this Regulation or other relevant Community law;

(h)

the net quantity;

(i)

a date of minimum durability or use-by-date;

(j)

where relevant, information on a flavouring or other substances referred to in this Article and listed in Annex IIIa to Directive 2000/13/EC as regards the indication of the ingredients present in foodstuffs.

2.   By way of derogation from paragraph 1, the information required in points (e) and (g) of that paragraph may appear merely on the documents relating to the consignment which are to be supplied with or prior to the delivery, provided that the indication ‘not for retail sale’ appears on an easily visible part of the packaging or container of the product in question.

3.   By way of derogation from paragraph 1, where flavourings are supplied in tankers, all of the information may appear merely on the accompanying documents relating to the consignment which are to be supplied with the delivery.

Article 16 Specific requirements for use of the term ‘natural’

1.   If the term ‘natural’ is used to describe a flavouring in the sales description referred to in Article 15(1)(a) the provisions of paragraphs 2 to 6 of this Article shall apply.

2.   The term ‘natural’ for the description of a flavouring may only be used if the flavouring component comprises only flavouring preparations and/or natural flavouring substances.

3.   The term ‘natural flavouring substance(s)’ may only be used for flavourings in which the flavouring component contains exclusively natural flavouring substances.

4.   The term ‘natural’ may only be used in combination with a reference to a food, food category or a vegetable or animal flavouring source if the flavouring component has been obtained exclusively or by at least 95 % by w/w from the source material referred to.

The description shall read ‘natural “food(s) or food category or source(s)” flavouring’.

5.   The term ‘natural “food(s) or food category or source(s)” flavouring with other natural flavourings’ may only be used if the flavouring component is partially derived from the source material referred to, the flavour of which can easily be recognised.

6.   The term ‘natural flavouring’ may only be used if the flavouring component is derived from different source materials and where a reference to the source materials would not reflect their flavour or taste.

Article 17 Labelling of flavourings intended for sale to the final consumer

1.   Without prejudice to Directive 2000/13/EC, Council Directive 89/396/EEC of 14 June 1989 on indications or marks identifying the lot to which a foodstuff belongs  ( 18 ) and Regulation (EC) No 1829/2003, flavourings sold singly or mixed with each other and/or with other food ingredients and/or to which other substances are added and which are intended for sale to the final consumer may be marketed only if their packaging contains the statement either ‘for food’ or ‘restricted use in food’ or a more specific reference to their intended food use, which must be easily visible, clearly legible and indelible.

2.   If the term ‘natural’ is used to describe a flavouring in the sales description referred to in Article 15(1)(a), Article 16 shall apply.

Article 18 Other labelling requirements

Articles 14 to 17 shall be without prejudice to more detailed or more extensive laws, regulations or administrative provisions regarding weights and measures or applying to the presentation, classification, packaging and labelling of dangerous substances and preparations or applying to the transport of such substances and preparations.

Article 19 Reporting by the food business operators

1.   A producer or user of a flavouring substance, or the representative of such producer or user, shall, at the request of the Commission, inform it of the amount of the substance added to foods in the Community in a period of 12 months. The information provided in this context shall be treated as confidential insofar as this information is not required for the safety assessment.

Information on the use levels for specific food categories in the Community shall be made available to Member States by the Commission.

2.   Where applicable, for a flavouring already approved under this Regulation which is prepared by production methods or starting materials significantly different from those included in the risk assessment of the Authority, a producer or user shall, before marketing the flavouring, submit to the Commission the necessary data to allow an evaluation of the flavouring to be undertaken by the Authority with regard to the modified production method or characteristics.

3.   A producer or user of flavourings and/or source materials shall inform the Commission immediately of any new scientific or technical information which is known and accessible to him and which might affect the assessment of the safety of the flavouring substance.

4.   Detailed rules for the implementation of paragraph 1 shall be adopted in accordance with the regulatory procedure referred to in Article 21(2).

Article 20 Monitoring and reporting by the Member States

1.   Member States shall establish systems to monitor the consumption and use of flavourings set out in the Community list and the consumption of the substances listed in Annex III on a risk-based approach, and shall report their findings with appropriate frequency to the Commission and to the Authority.

2.   After the Authority has been consulted, a common methodology for the gathering by Member States of information on the consumption and use of flavourings set out in the Community list and of the substances listed in Annex III shall be adopted in accordance with the regulatory procedure referred to in Article 21(2) by 20 January 2011.

Article 21 Committee

1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 22 Amendments to Annexes II to V

Amendments to Annexes II to V to this Regulation to reflect scientific and technical progress which are designed to amend non-essential elements of this Regulation shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3), following the opinion of the Authority, where necessary.

On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 21(4).

Article 23 Community financing of harmonised policies

The legal basis for the financing of measures resulting from this Regulation shall be Article 66(1)(c) of Regulation (EC) No 882/2004.

Article 24 Repeals

1.   Directive 88/388/EEC, Decision 88/389/EEC and Directive 91/71/EEC shall be repealed from 20 January 2011.

2.   Regulation (EC) No 2232/96 shall be repealed from the date of application of the list referred to in Article 2(2) of that Regulation.

3.   References to the repealed acts shall be construed as references to this Regulation.

Article 25 Introduction of the list of flavouring substances into the Community list of flavourings and source materials and transitional regime

1.   The Community list shall be established by introducing the list of flavouring substances referred to in Article 2(2) of Regulation (EC) No 2232/96 into Annex I to this Regulation at the time of its adoption.

2.   Pending the establishment of the Community list, Regulation (EC) No 1331/2008 shall apply for the evaluation and approval of flavouring substances which are not covered by the evaluation programme provided for in Article 4 of Regulation (EC) No 2232/96.

By way of derogation from that procedure, the period of nine months referred to in Article 5(1) and Article 7 of Regulation (EC) No 1331/2008 shall not apply to such evaluation and approval.

3.   Any appropriate transitional measures which are designed to amend non-essential elements of this Regulation, inter alia , by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).

Article 26 Amendments to Regulation (EEC) No 1601/91

Article 2(1) is hereby amended as follows:

1.

in point (a), the first sub-indent of the third indent shall be replaced by the following:

‘—

flavouring substances and/or flavouring preparations as defined in Article 3(2)(b) and (d) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods  ( *1 ) , and/or

( *1 )

OJ L 354, 31.12.2008, p. 34 .’

"

2.

in point (b), the first sub-indent of the second indent shall be replaced by the following:

‘—

flavouring substances and/or flavouring preparations as defined in Article 3(2)(b) and (d) of Regulation (EC) No 1334/2008, and/or’;

3.

in point (c), the first sub-indent of the second indent shall be replaced by the following:

‘—

flavouring substances and/or flavouring preparations as defined in Article 3(2)(b) and (d) of Regulation (EC) No 1334/2008, and/or’.

Article 27 Amendment to Regulation (EC) No 2232/96

Article 5(1) of Regulation (EC) No 2232/96 shall be replaced by the following:

‘1.   The list of flavouring substances referred to in Article 2(2) shall be adopted in accordance with the procedure referred to in Article 7 by 31 December 2010 at the latest.’.

Article 28 Amendments to Regulation (EC) No 110/2008

Regulation (EC) No 110/2008 is hereby amended as follows:

1.

in Article 5(2), point (c) shall be replaced by the following:

‘(c)

contain flavouring substances as defined in Article 3(2)(b) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods  ( *2 ) and flavouring preparations as defined in Article 3(2)(d) of that Regulation;

( *2 )

OJ L 354, 31.12.2008, p. 34 .’

"

2.

in Article 5(3), point (c) shall be replaced by the following:

‘(c)

contain one or more flavourings as defined in Article 3(2)(a) of Regulation (EC) No 1334/2008;’;

3.

in Annex I, point (9) shall be replaced by the following:

‘(9)

Flavouring

Flavouring means using in the preparation of a spirit drink one or more of the flavourings defined in Article 3(2)(a) of Regulation (EC) No 1334/2008.’;

4.

Annex II shall be amended as follows:

(a)

paragraph 19(c) shall be replaced by the following:

‘(c)

Other flavouring substances as defined in Article 3(2)(b) of Regulation (EC) No 1334/2008 and/or flavouring preparations as defined in Article 3(2)(d) of that Regulation, and/or aromatic plants or parts of aromatic plants may be used in addition, but the organoleptic characteristics of juniper must be discernible, even if they are sometimes attenuated.’;

(b)

paragraph 20(c) shall be replaced by the following:

‘(c)

Only flavouring substances as defined in Article 3(2)(b) of Regulation (EC) No 1334/2008 and/or flavouring preparations as defined in Article 3(2)(d) of that Regulation shall be used for the production of gin so that the taste is predominantly that of juniper.’;

(c)

paragraph 21(a) (ii) shall be replaced by the following:

‘(ii)

the mixture of the product of such distillation and ethyl alcohol of agricultural origin with the same composition, purity and alcoholic strength; flavouring substances and/or flavouring preparations as specified in category 20(c) may also be used to flavour distilled gin.’;

(d)

paragraph 23(c) shall be replaced by the following:

‘(c)

Other flavouring substances as defined in Article 3(2)(b) of Regulation (EC) No 1334/2008 and/or flavouring preparations as defined in Article 3(2)(d) of that Regulation may additionally be used but there must be a predominant taste of caraway.’;

(e)

paragraph 24(c) shall be replaced by the following:

‘(c)

Other natural flavouring substances as defined in Article 3(2)(c) of Regulation (EC) No 1334/2008 and/or flavouring preparations as defined in Article 3(2)(d) of that Regulation may additionally be used, but the flavour of these drinks is largely attributable to distillates of caraway (Carum carvi L.) and/or dill (Anethum graveolens L.) seeds, the use of essential oils being prohibited.’;

(f)

paragraph 30(a) shall be replaced by the following:

‘(a)

Bitter-tasting spirit drinks or bitter are spirit drinks with a predominantly bitter taste produced by flavouring ethyl alcohol of agricultural origin with flavouring substances as defined in Article 3(2)(b) of Regulation (EC) No 1334/2008 and/or flavouring preparations as defined in Article 3(2)(d) of that Regulation.’;

(g)

in paragraph 32(c), the first subparagraph and the introductory part of the second subparagraph shall be replaced by the following:

‘(c)

Flavouring substances as defined in Article 3(2)(b) of Regulation (EC) No 1334/2008 and flavouring preparations as defined in Article 3(2)(d) of that Regulation may be used in the preparation of liqueur. However, only natural flavouring substances as defined in Article 3(2)(c) of Regulation (EC) No 1334/2008 and flavouring preparations as defined in Article 3(2)(d) of that Regulation shall be used in the preparation of the following liqueurs:’;

(h)

paragraph 41(c) shall be replaced by the following:

‘(c)

Only flavouring substances as defined in Article 3(2)(b) of Regulation (EC) No 1334/2008 and flavouring preparations as defined in Article 3(2)(d) of that Regulation may be used in the preparation of egg liqueur or advocaat or avocat or advokat.’;

(i)

paragraph 44(a) shall be replaced by the following:

‘(a)

Väkevä glögi or spritglögg is a spirit drink produced by flavouring ethyl alcohol of agricultural origin with flavour of cloves and/or cinnamon using one of the following processes: maceration and/or distillation, redistillation of the alcohol in the presence of parts of the plants specified above, addition of natural flavouring substances as defined in Article 3(2)(c) of Regulation (EC) No 1334/2008 of cloves or cinnamon or a combination of these methods.’;

(j)

paragraph 44(c) shall be replaced by the following:

‘(c)

Other flavourings, flavouring substances and/or flavouring preparations as defined in Article 3(2)(b), (d) and (h) of Regulation (EC) No 1334/2008 may also be used, but the flavour of the specified spices must be predominant.’;

(k)

In point (c) of paragraphs 25, 26, 27, 28, 29, 33, 34, 35, 36, 37, 38, 39, 40, 42, 43, 45 and 46, the word ‘preparations’ shall be replaced by ‘flavouring preparations’.

Article 29 Amendment to Directive 2000/13/EC

In Directive 2000/13/EC, Annex III shall be replaced by the following:

‘ANNEX III

DESIGNATION OF FLAVOURINGS IN THE LIST OF INGREDIENTS

1.

Without prejudice to paragraph 2, flavourings shall be designated by the terms

—

“flavourings” or a more specific name or description of the flavouring, if the flavouring component contains flavourings as defined in Article 3(2)(b), (c), (d), (e), (f), (g) and (h) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods  ( *3 ) ;

—

“smoke flavouring(s)”, or “smoke flavouring(s) produced from “food(s) or food category or source(s)”

” (e.g. smoke flavouring produced from beech), if the flavouring component contains flavourings as defined in Article 3(2)(f) of Regulation (EC) No 1334/2008 and imparts a smoky flavour to the food.

2.

The term “natural” for the description of flavourings shall be used in accordance with Article 16 of Regulation (EC) No 1334/2008.

( *3 )

OJ L 354, 31.12.2008, p. 34 .’

"

Article 30 Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union .

It shall apply from 20 January 2011.

Article 10 shall apply from 18 months after the date of application of the Community list.

Articles 26 and 28 shall apply from the date of application of the Community list.

Article 22 shall apply from 20 January 2009. Foods lawfully placed on the market or labelled prior to 20 January 2011 which do not comply with this Regulation may be marketed until their date of minimum durability or use-by-date.

Schedules & Appendices

ANNEX I

ANNEX I

Community list of flavourings and source materials approved for use in and on foods

ANNEX II List of traditional food preparation processes

ANNEX II

List of traditional food preparation processes

Chopping

Coating

Heating, cooking, baking, frying (up to 240 °C at atmospheric pressure) and pressure cooking (up to 120 °C)

Cooling

Cutting

Distillation/rectification

Drying

Emulsification

Evaporation

Extraction, incl. solvent extraction in accordance with Directive 88/344/EEC

Fermentation

Filtration

Grinding

Infusion

Maceration

Microbiological processes

Mixing

Peeling

Percolation

Pressing

Refrigeration/Freezing

Roasting/Grilling

Squeezing

Steeping

ANNEX III Presence of certain substances

ANNEX III

Presence of certain substances

Part A:   Substances which shall not be added as such to food

Agaric acid

Aloin

Capsaicin

1,2-Benzopyrone, coumarin

Hypericine

Beta-asarone

1-Allyl-4-methoxybenzene, estragole

Hydrocyanic acid

Menthofuran

4-Allyl-1,2-dimethoxybenzene, methyleugenol

Pulegone

Quassin

1-Allyl-3,4-methylene dioxy benzene, safrole

Teucrin A

Thujone (alpha and beta)

Part B:   Maximum levels of certain substances, naturally present in flavourings and food ingredients with flavouring properties, in certain compound food as consumed to which flavourings and/or food ingredients with flavouring properties have been added

Name of the substance

Compound food in which the presence of the substance is restricted

Maximum level mg/kg

Beta-asarone

Alcoholic beverages

1,0

1-Allyl-4-methoxybenzene,

Estragol  ( *1 )

Dairy products

50

Processed fruits, vegetables (incl. mushrooms, fungi, roots, tubers, pulses and legumes), nuts and seeds

50

Fish products

50

Non-alcoholic beverages

10

Hydrocyanic acid

Nougat, marzipan or its substitutes or similar products

50

Canned stone fruits

5

Alcoholic beverages

35

Menthofuran

Mint/peppermint containing confectionery, except micro breath freshening confectionery

500

Micro breath freshening confectionery

3 000

Chewing gum

1 000

Mint/peppermint containing alcoholic beverages

200

4-Allyl-1,2-dimethoxy-benzene,

Methyleugenol  ( *1 )

Dairy products

20

Meat preparations and meat products, including poultry and game

15

Fish preparations and fish products

10

Soups and sauces

60

Ready-to-eat savouries

20

Non-alcoholic beverages

1

Pulegone

Mint/peppermint containing confectionery, except micro breath freshening confectionery

250

Micro breath freshening confectionery

2 000

Chewing gum

350

Mint/peppermint containing non-alcoholic beverages

20

Mint/peppermint containing alcoholic beverages

100

Quassin

Non-alcoholic beverages

0,5

Bakery wares

1

Alcoholic beverages

1,5

1-Allyl-3,4-methylene dioxy benzene, safrole  ( *1 )

Meat preparations and meat products, including poultry and game

15

Fish preparations and fish products

15

Soups and sauces

25

Non-alcoholic beverages

1

Teucrin A

Bitter-tasting spirit drinks or bitter  ( 1 )

5

Liqueurs  ( 2 ) with a bitter taste

5

Other alcoholic beverages

2

Thujone (alpha and beta)

Alcoholic beverages, except those produced from Artemisia species

10

Alcoholic beverages produced from Artemisia species

35

Non-alcoholic beverages produced from Artemisia species

0,5

Coumarin

Traditional and/or seasonal bakery ware containing a reference to cinnamon in the labelling

50

Breakfast cereals including muesli

20

Fine bakery ware, with the exception of traditional and/or seasonal bakery ware containing a reference to cinnamon in the labelling

15

Desserts

5

( *1 )   The maximum levels shall not apply where a compound food contains no added flavourings and the only food ingredients with flavouring properties which have been added are fresh, dried or frozen herbs and spices. After consultation with the Member States and the Authority, based on data made available by the Member States and on the newest scientific information, and taking into account the use of herbs and spices and natural flavouring preparations, the Commission, if appropriate, proposes amendments to this derogation.

( 1 )   As defined in Annex II, paragraph 30 of Regulation (EC) No 110/2008.

( 2 )   As defined in Annex II, paragraph 32 of Regulation (EC) No 110/2008.

ANNEX IV List of source materials to which restrictions apply for their use in the production of flavourings and food ingredients with flavouring properties

ANNEX IV

List of source materials to which restrictions apply for their use in the production of flavourings and food ingredients with flavouring properties

Part A:   Source materials which shall not be used for the production of flavourings and food ingredients with flavouring properties

Source material

Latin name

Common name

Tetraploid form of Acorus calamus L.

Tetraploid form of Calamus

Part B:   Conditions of use for flavourings and food ingredients with flavouring properties produced from certain source materials

Source material

Conditions of use

Latin name

Common name

Quassia amara L. and

Picrasma excelsa (Sw)

Quassia

Flavourings and food ingredients with flavouring properties produced from the source material may only be used for the production of beverages and bakery wares

Laricifomes officinales (Vill.: Fr) Kotl. et Pouz

or

Fomes officinalis

White agaric mushroom

Flavourings and food ingredients with flavouring properties produced from the source material may only be used for the production of alcoholic beverages

Hypericum perforatum L.

St John’s wort

Teucrium chamaedrys L.

Wall germander

ANNEX V Conditions for the production of thermal process flavourings and maximum levels for certain substances in thermal process flavourings

ANNEX V

Conditions for the production of thermal process flavourings and maximum levels for certain substances in thermal process flavourings

Part A:   Conditions for the production

(a)

The temperature of the products during processing shall not exceed 180 °C.

(b)

The duration of the thermal processing shall not exceed 15 minutes at 180 °C with correspondingly longer times at lower temperatures, i.e. a doubling of the heating time for each decrease of temperature by 10 °C, up to a maximum of 12 hours.

(c)

The pH during processing should not exceed the value of 8,0.

Part B:   Maximum levels for certain substances

Substance

Maximum levels µg/kg

2-amino-3.4,8-trimethylimidazo [4,5-f] quinoxaline (4,8-DiMeIQx)

50

2-amino-1-methyl-6-phenylimidazol [4,5-b]pyridine (PhIP)

50