Food Additives Legislation

Food Additives Legislation

​In this section, you can find the legislation and guidelines for food additives, categorised as follows:

• EU Legislation

  Food Additives

  Commission Regulation (EC) No 1333/2008 (OJ L 354) of 16 December 2008 on food additives lays down rules on food additives used in 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.

  The Regulation provides for:

  • EU lists of approved food additives (these are set out in the  Annexes to Regulation (EC) No 1333/2008)
  • conditions of use of food additives in foods, including in food additives and in food enzymes as covered by Regulation (EC) No 1332/2008 [on food enzymes], and in food flavourings as covered by Regulation (EC) No 1334/2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods
  • rules on the labelling of food additives sold as such

  Regulation (EC) No 1333/2008 prohibits the placing on the market of a food additive or any food in which such a food additive is present if the use of the food additive does not comply with the requirements set out in the Regulation.  Only food additives included in the European Community list may be placed on the market as such and used in foods under the conditions of use specified therein.

  Some food additives are permitted for specific uses for certain authorised oenological practices and processes. The use of such food additives should comply with Regulation and with the specific provisions laid down in the relevant EU legislation.

  A food additive which falls within the scope of Regulation (EC) No 1829/2003 on genetically modified food and feed should be authorised in accordance with that Regulation as well as under Regulation (EC) No 1333/2008

   

  Purity Criteria

  Commission Regulation (EU) No 231/2012 (OJ L 83) of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council. This Regulation sets out the specifications relating to the origin (source), purity criteria and any other necessary information that is adopted for food additives authorised for use within the EU, i.e. those additives listed in Annex II and III to Regulation (EC) No 1333/2008.

   

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• National legislation

  European Union (Food Additives) Regulations 2015 (S.I. No. 330 of 2015)

  Amended by:

  European Union (Food Additives) (Amendment) Regulations 2016 (S.I. No. 484 of 2016)
  European Union (Food Additives) (Amendment) Regulations 2018 (S.I. No. 413 of 2018)

  These Regulations give further effect to Regulation (EU) No 1333/2008 of the European Parliament and of the Council of 16 December 20008 on food additives, as amended. They also give further effect to Commission Regulation (EU) No. 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No. 1333/2008, as amended. They provide for a number of very specific transitional measures.

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• EU food additive database and food categories guidance document

  The EU have made available a database which can be used as a tool to gain knowledge about the food additives approved for use in food in the EU and their conditions of use. It is based on the EU list of food additives in Annex II of Regulation (EC) No 1333/2008. The database is made available solely for the purpose of information and has no legal value.
  
  It is the intention of the European Commission to update the database each time amendments to the list of authorised additives in food apply. This includes adding or removing a substance and changes in the conditions of use. This will mean that it will be possible that updates to the list have already been adopted and published which have not yet been included in the list because these updates do not yet apply. Access the database.

  The EU have published a guidance document describing the food categories in Part E of Annex II to Regulation 1333/2008/EC on food additives.

• Carry-Over Principle

  The presence of a food additive is permitted:

  • in a compound food other than as referred to in Annex II, where the food additive is permitted in one of the ingredients of the compound food;
  • in a food to which a food additive, food enzyme or food flavouring has been added, where the food additive:
    • is permitted in the food additive, food enzyme or food flavouring in accordance with Regulation(EC) No 1333/2008; and
    • has been carried over to the food via the food additive, food enzyme or food flavouring; an
    • has no technological function in the final food
  • in a food which is to be used solely in the preparation of a compound food and provided that the compound food complies with Regulation (EC) No 1333/2008
  • substances not consumed as food itself but used intentionally in the processing of foods, which only remain as residues in the final food and do not have a technological effect in the final product (processing aids), are not covered by this Regulation

• Use of food additives in unprocessed foods

  Food additives must not be used in unprocessed foods, except where such use is specifically provided for in Annex II to Regulation (EC) No 1333/2008

• Use of food additives in foods for infants and young children

  Food additives must not be used in foods for infants and young children as referred to in Regulation (EU) No 609/2013 on foodstuffs intended for particular nutritional uses, including dietary foods for infants and young children for special medical purposes, except where specifically provided for in Annex II to Regulation (EC) No 1333/2008.

• Use of colours for markings

  Only food colours listed in Annex II to Regulation (EC) No 1333/2008 may be used for the purpose of health marking of fresh meat and other markings required on meat products, for the decorative colouring of eggshells and for the stamping of eggshells as provided for in Regulation (EC) No 853/2004.