Legislative and regulatory aspect on food additives and processing aids

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Overview

The use of food additives is strictly regulated. The regulatory mechanisms vary somewhat from region to region, but they all aim to ensure consumer safety by defining the type of additives can be used, how much, what type of food and using what technologies.

At the international level - Codex Alimentarius

At the international level, the use of food additives is governed by the standard Codex STAN 192-1995 (Codex General Standard for Food Additives), the standard Codex STAN 107-1981 (General Standard for the labeling of food additives sold as as such) and the standard Codex STAN 1-1985 (General Standard for the Labeling of Prepackaged Foods).

Standard CODEX STAN 192-1995 adopt the list of approved food additives, food for which they are allowed and the maximum concentration limit. However, the maximum concentration can be expressed as "GMP", in which where the additive must be used according to good manufacturing practice, ie only as necessary to achieve the desired technological effect.

A food additive is permitted by Codex that when daily intake (ADI) was established, or whose use has been estimated safe by the Joint FAO / WHO Expert Committee on Food Additives (JECFA) and that a number of the International Numbering System (INS) has been assigned by the Codex.

Standard CODEX STAN 1-1985 establishes the labeling of prepackaged foods. These must include on their labels (list of ingredients), indicating the list of food additives, ordered by class next to a name or an identification name recognition, as required by legislation National.

Transferred food additives in foods at levels below those required to perform a technological function (with the exception of those known to cause allergies), as well as processing aids need not be declared in the ingredients list.

As for the standard CODEX STAN 107-1981, it sets the mandatory labeling of food additives and processing aids sold as such. Among these entries are in the non-specific of the additive (or additives in a mixture), the list of ingredients of the product, the proportion of the additive (or additives) in the when it should be used with limited doses, information about the consignment and its source, the information on its conservation and use and the words "for food."

European regulations (EEC)

Community legislation on food additives is based on the principle of the positive list: only those additives that are explicitly authorized may be used. Most of the additives may be used only in limited quantities in certain foods. If no quantitative limit is provided for the use of a food additive (quantum satis), it must be used according to good manufacturing practice.

Before they leave the safety of food additives is evaluated by the Scientific Panel on Food Additives, Flavorings, Processing Aids and Materials in Contact with Food (AFC Panel) of EFSA (European Food Safety Food) .

Once a food additive is permitted, it is added to the positive list and given a number preceded by the letter E. An E number indicates that the use of this additive is approved by the EU. It also allows the consumer to identify an additive whatever their mother tongue.

EU legislation on additives include the following:

  • Directive 89/107/EEC, as amended by Directive 94/34/EC, which provides the framework for approval of food additives;
  • Directive 94/36/EC of the European Parliament and Council which sets out the terms for colors;
  • Directive 94/35/EC of the European Parliament and Council amended by Directive 96/83/EC, which lays down rules for sweeteners;
  • Directive 95/2/EC of the European Parliament and Council amended by Directives 96/85/EC, 98/72/EC and 2001/5/EC, which lays down rules for the authorization of any additives other than colors and sweeteners.

In addition, all food additives must meet the criteria of purity which are explained in detail in three Commission Directives:

  • Directive 95/31/EC amended by Directive 98/66/EC and Directive 2000/51/EC for sweeteners;
  • Directive 95/45/EC amended by Directive 99/75/EC for colors;
  • Directive 96/77/EC amended by Directive 96/86/EC and
  • Directive 2000/63/EC for food additives other than colors and sweeteners.

The use of food additives must be labeled on the packaging of food products by their category (antioxidant, preservative, colorant, etc.). With their name or number E. Detailed rules on the labeling of additives in food, and additives sold as such to food producers and consumers are laid down in Community legislation (Directive 2000/13/EC, Regulation 50/2000/CE and Directive 89/107 / EEC).

The legislation concerning the aroma is much less demanding than for other additives. Indeed, the 2800 flavors currently used are not all evaluated as to their safety. The legal provisions concern all processes of manufacturing these substances and limit values for some undesirable residues which could be present. However, the European Commission is currently setting up an evaluation program of all these substances.

On food packaging, the presence of flavorings, natural or not, is reported. However, the name of the substance used is not mentioned.

With regard to aids, only the use of solvent extraction is regulated by European legislation which establishes a list of substances authorized for other aids, Member States may make regulations (In France For example, the use of aids are regulated by Decree No. 2001-725 of 31 July 2001). Processing aids used in the manufacture of a food should not be mentioned on the packaging.

Regulation in the United States

The use of food additives in the USA is regulated by the Food and Drug Administration (Department of Food and Pharmaceuticals). Additives that were commonly used before 1958 are classified as "GRAS" (General Regarded as Safe - generally regarded as safe) and are excluded from the legal definition of additives.

Additives that are not included in the GRAS category of the 1958 legislation are regulated by the 1958 Food Additive Amendment to the Food, Drug and Cosmetic Act (amendment to food additives of the Act of 1958 food products pharmaceuticals and cosmetics). These laws stipulate the criteria which toxicological additives must meet to be allowed and include specific requirements (Delaney Clause) for food additives suspected to cause cancer. At the slightest concerns justified, an additive may be removed from the old or new systems.

Moroccan regulations

The Moroccan law and regulation in the field of food additives is based on the principle of positive list "under Article 5 of Law No. 13.83 on the suppression of frauds on the goods. Besides, there is some legislation which permit or prohibit the use of certain additives in food. These texts are:

  • Viziriel Order of 6 February 1916 regulating the use of antiseptics, dyes and artificial essences in food and beverages, as amended by the Decree of 08 December 1959.
  • Decree of 14 March 1963 authorizing the use of certain antioxidants in fats, essential oils for food and the inner packaging of foodstuffs.
  • Ministerial Decree of 20 April 1971 on the use of potassium sorbate to stabilize canned fruit for the preparation of fermented milk with fruits.

To address some gaps recorded at the level of regulations, circulars, technical information concerning the use of food additives have been developed. The most important quote is the joint circular No. 001/97 of the Ministry of Agriculture and the Ministry of Health concerning the use of food additives. This circular covers the substance of European legislation on food additives, especially as regards the list of approved food additives. It also establishes the procedure for approval of a new additive.