Commission Regulation (EU) 2023/1428 of 7 July 2023 amending the Annex to Regulation (EU) No 231/2012 as regards mono- and diglycerides of fatty acids (E 471) (Text with EEA relevance)

• CELEX: Regulation (EU) 2023/1428
• Articles: 4

Article 1

The Annex to Regulation (EU) No 231/2012 is amended in accordance with the Annex to this Regulation.

Article 2

The food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market before 30 July 2023 and that does not comply with the maximum limits for arsenic, lead, mercury, cadmium, 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters (expressed as 3-MCPD), or erucic acid applicable from 30 July 2023 may be added to food in accordance with Annexes II and III to Regulation (EC) No 1333/2008 and Regulation (EU) 2023/915 until 30 January 2024.

The food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market before 30 July 2023 and that does not comply with the maximum limits for glycidyl fatty acids esters (expressed as glycidol) applicable from 30 July 2023 may be added to food, except for foods for infants and young children, in accordance with Annexes II and III to Regulation (EC) No 1333/2008 and Regulation (EU) 2023/915 until 30 January 2024.

Foods containing the food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market before 30 July 2023 and that does not comply with the maximum limits for arsenic, lead, mercury, cadmium, 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters (expressed as 3-MCPD) or erucic acid applicable from 30 July 2023 may continue to be placed on the market until 30 January 2024 and may continue to be marketed until their date of minimum durability or ‘use-by date’.

Foods, except foods for infants and young children, containing the food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market before 30 July 2023 and that does not comply with the maximum limits for glycidyl fatty acids esters (expressed as glycidol) applicable from 30 July 2023 may continue to be placed on the market until 30 January 2024 and may continue to be marketed until their date of minimum durability or ‘use-by date’.

Foods for infants and young children lawfully placed on the market before 30 July 2023 and containing the food additive mono- and diglycerides of fatty acids (E 471) that does not comply with the maximum limits glycidyl fatty acids esters (expressed as glycidol) applicable from 30 July 2023 may continue to be marketed until their date of minimum durability or ‘use-by date’.

The food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market after 30 July 2023 and up to 30 January 2024 and that does not comply with the maximum limits for glycidyl fatty acids esters (expressed as glycidol) applicable from 30 January 2024 may be added to food, except foods for infants and young children, in accordance with Annexes II and III to Regulation (EC) No 1333/2008 until the exhaustion of stocks.

Foods, except food for infants and young children, containing the food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market after 30 July 2023 and up to 30 January 2024 and that does not comply with the maximum limits for glycidyl fatty acids esters (expressed as glycidol) applicable from 30 January 2024 may continue to be placed on the market and may continue to be marketed until their date of minimum durability or ‘use by date’.

Article 3

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

Schedules & Appendices

ANNEX

ANNEX

In the Annex to Regulation (EU) No 231/2012, the entry for food additive E 471 MONO- AND DIGLYCERIDES OF FATTY ACIDS is replaced by the following:

‘

E 471 MONO- AND DIGLYCERIDES OF FATTY ACIDS

Synonyms

Definition

Mono- and diglycerides of fatty acids consist of mixtures of glycerol mono-, di- and tri-esters of fatty acids occurring in food oils and fats. They may contain small amounts of free fatty acids and glycerol.

Glycerol used for the manufacture of mono- and diglycerides of fatty acids should comply with the specifications for E 422.

E 471 shall be produced from fats and oils complying with Union food safety requirements for edible fats and oils.

Einecs

Chemical name

Chemical formula

Molecular weight

Assay

Content of mono- and di-esters: not less than 70 %

Content of erucic acid, including erucic acid bound in the mono/diglyceride:

Not more than 0,2 % (only if added to food for infants and young children)

Not more than 0,5 % (for all uses except for foods intended for infants and young children)

Description

The product varies from a pale yellow to pale brown oily liquid to a white or slightly off-white hard waxy solid. The solids may be in the form of flakes, powders or small beads.

Identification

Infrared absorption spectrum

Characteristic of a partial fatty acid ester of a polyol

Test for glycerol

Passes test

Test for fatty acids

Passes test

Solubility

Insoluble in water, soluble in ethanol and toluene at 50 °C

Purity

Water content

Not more than 2 % (Karl Fischer method)

Acid value

Not more than 6

Free glycerol

Not more than 7 %

Polyglycerols

Not more than 4 % diglycerol and not more than 1 % higher polyglycerols both based on total glycerol content

Arsenic

Not more than 0,1 mg/kg

Lead

Not more than 0,1 mg/kg

Mercury

Not more than 0,1 mg/kg

Cadmium

Not more than 0,1 mg/kg

Sum of 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters, expressed as 3-MCPD

Not more than 0,75 mg/kg (only if added to food for infants and young children)

Not more than 2,5 mg/kg (for all uses except for foods intended for infants and young children)

Glycidyl esters of fatty acids, expressed as glycidol

From 30 July 2023 until 30 January 2024, not more than 5 mg/kg if added to food for infants and young children) and not more than 10 mg/kg for all other uses.

From 30 January 2024, not more than 5 mg/kg for all uses.

Total glycerol

Not less than 16 % and not more than 33 %

Sulphated ash

Not more than 0,5 % determined at 800 ± 25 °C

Soap

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Purity criteria apply to the additive free of sodium, potassium and calcium salts of fatty acids, however these substances may be present up to a maximum level of 6 % (expressed as sodium oleate)

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