General Provisions

EU legislation

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.

Amended by:

Commission Regulation (EU) No 246/2014 (OJ L 74, p58, 14.03.2014) of 13 March 2014 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of certain flavouring substances

Irish legislation

European Communities (Flavourings for use in foodstuffs for human consumption) Regulations, 1992 S.I. No. 22 of 1992

(Note this legislation transposes the previous EU legislation which was repealed by Regulation (EC) No 1334/2008 )

Implementing measures

Commission Implementing Regulation (EU) No 872/2012 (OJ L 267, p1, 02.10.2012) 2 of 1 October 2012 adopting the list of flavouring substances provided for by Regulation (EC) No 2232/96.

Commission Regulation (EU) No 873/2012 (OJ L 267, p162, 02.10.2012) of 1 October 2012 on transitional measures concerning the Union list of flavourings and source materials set out in Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council.

Regulation (EC) No 1334/2008 lays down the general requirements for the safe use of flavourings as well as defining the different types of flavourings. Annex III to the Regulation lists substances which may not be added to food as well as setting out maximum levels of certain substances, which are naturally present in flavourings and in food ingredients with flavourings properties. The Regulation sets out the flavourings and source materials for which an evaluation and approval is required. An EU list of flavourings and source materials approved for use in and on foods will be set out in Annex I to the Regulation in the future.

Flavourings are defined in Regulation (EC) No 1334/2008 as 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;

Regulation (EC) No 1334/2008 applies 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 (smoke flavourings);

(b) food ingredients with flavouring properties;

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