General conditions for inclusion and use of food additives in Community lists
Article 6
1. A food additive may be included in the Community lists in Annexes II and III only if it meets the following conditions and, where relevant, other legitimate factors, including environmental factors: (a) it does not, on the basis of the scientific evidence available, pose a safety concern to the health of the consumer at the level of use proposed; (b) there is a reasonable technological need that cannot be achieved by other economically and technologically practicable means; and (c) its use does not mislead the consumer. 2. To be included in the Community lists in Annexes II and III a food additive must have advantages and benefits for the consumer and therefore serve one or more of the following purposes: (a) preserving the nutritional quality of the food; (b) providing necessary ingredients or constituents for foods manufactured for groups of consumers with special dietary needs; (c) enhancing the keeping quality or stability of a food or improving its organoleptic properties, provided that the nature, substance or quality of the food is not changed in such a way as to mislead the consumer; (d) aiding in the manufacture, processing, preparation, treatment, packing, transport or storage of food, including food additives, food enzymes and food flavourings, provided that the food additive is not used to disguise the effects of the use of faulty raw materials or of any undesirable practices or techniques, including unhygienic practices or techniques, during the course of any such activities. 3. By way of derogation from paragraph 2(a), a food additive which reduces the nutritional quality of a food may be included in the Community list in Annex II provided that: (a) the food does not constitute a significant component of a normal diet; or (b) the food additive is necessary for the production of foods for groups of consumers with special dietary needs.