Answer given by Mr Andriukaitis on behalf of the Commission
7.9.2017
The rules on food additives used in the EU are laid down in Regulation (EC) No 1333/2008[1] and its annexes. Article 3 of that regulation sets the definition of ‘food additive’ and lists what substances are not considered to be food additives.
Vegetable juices/vegetable juice concentrates are food, which may contain high levels of nitrates (naturally present).[2],[3]. In this respect it is important to note that the amount of nitrates in these ‘juices’ is variable and the food business operator will remain liable to respect maximum amounts to protect both public health and consumer rights for information. However, their use in other food/final food (e.g. in meat) with an intended technological purpose, such as preservation and colouring, is deemed a deliberate use as a food additive. Such a use should comply both with the food additives legislation and be labelled in accordance with the appropriate legislation on food labelling.
This matter was discussed at several meetings of the Working Party of Governmental Experts on Food Additives where the majority of the Member State experts confirmed that such a practice would constitute a deliberate use as a food additive, and in 2006[4] and 2010[5] the Standing Committee on the Food Chain and Animal Health endorsed the outcome of that working group. Consequently, that use must comply with the food additives legislation.
In 2013[6], the same Standing Committee endorsed the ‘Guidance notes on the classification of food extracts with colouring properties[7]’ providing a tool to distinguish between food colours (i.e. a food additive), which are subject to EU food additives legislation and colouring food extracts, which are not subject to EU food additives legislation.
- [1] Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p.16)
- [2] Nitrate in vegetables. Scientific Opinion of the Panel on Contaminants in the Food chain. EFSA Journal (2008) 689, 1-79.
- [3] Scientific Opinion on the re-evaluation of sodium nitrate (E 251) and potassium nitrate (E 252) as food additives. EFSA Journal 2017;15(6):4787, 123 pp.
- [4] Summary record of the Standing Committee on the Food Chain and Animal Health held in Brussels on 14 December 2006. https://ec.europa.eu/food/sites/food/files/safety/docs/reg-com_toxic_summary23_en.pdf
- [5] Summary record of the Standing Committee on the Food Chain and Animal Health held in Brussels on 19th May 2010. https://ec.europa.eu/food/sites/food/files/safety/docs/reg-com_toxic_summary19052010_en.pdf
- [6] Summary record of the Standing Committee on the Food Chain and Animal Health held in Brussels on 29 November 2013. https://ec.europa.eu/food/sites/food/files/safety/docs/reg-com_toxic_sum_29112013_en.pdf
- [7] https://ec.europa.eu/food/sites/food/files/safety/docs/fs_food-improvement-agents_guidance_additive-eu-rules.pdf