Commission Implementing Regulation (EU) 2023/1581 of 1 August 2023 amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use of the novel food ‘astaxanthin-rich oleoresin from Haematococcus pluvialis algae’ (Text with EEA relevance)

• CELEX: Implementing Regulation (EU) 2023/1581
• Articles: 4

Article 1

The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.

Article 2

1.   Food supplements containing ≤ 8,0 mg astaxanthin intended for the general population older than 14 years of age, which were lawfully placed on the market before the date of entry into force of this Regulation, may be marketed until their date of minimum durability or use by date.

2.   Food supplements containing ≤ 8,0 mg astaxanthin intended for the general population older than 14 years of age, imported into the Union may be marketed until their date of minimum durability or use by date where the importer of such food can demonstrate that they were dispatched from the third country concerned and were on their way to the Union before the date of entry into force of this Regulation.

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 Implementing Regulation (EU) 2017/2470, the entry for ‘Astaxanthin-rich oleoresin from Haematococcus pluvialis algae’ in Table 1 (Authorised novel foods) is replaced by the following:

Authorised novel food

Conditions under which the novel food may be used

Additional specific labelling requirements

Other requirements

‘Astaxanthin-rich oleoresin from Haematococcus pluvialis algae

Specified food category

Maximum levels of astaxanthin

The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘Astaxanthin rich oleoresin from Haematococcus pluvialis algae’

The labelling of food supplements containing Astaxanthin rich oleoresin from Haematococcus pluvialis algae shall bear a statement that they should not be consumed:

(a)

if other food supplements containing astaxanthin esters are consumed on the same day

(b)

by infants and young children under 3 years of age

(c)

by infants and children under 10 years of age  ( *1 )

(d)

by infants, children and adolescents under 14 years of age  ( *1 ) .

Food supplements as defined in Directive 2002/46/EC excluding infants and young children

2,3 mg astaxanthin per day for children 3 to less than 10 years of age

5,7 mg astaxanthin per day for adolescents 10 to less than 14 years of age

8 mg astaxanthin per day for general population older than 14 years of age

( *1 )   Depending on the age group the food supplement is intended for.’