COMMISSION IMPLEMENTING REGULATION (EU) 2022/1247

of 19 July 2022

concerning the authorisation of Allura Red AC as a feed additive for small non-food producing mammals and ornamental birds

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

(1) Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such an authorisation.

(2) In accordance with Article 7(1) of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of Allura Red AC. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3) The application concerns the authorisation of Allura Red AC as a feed additive for small non-food producing mammals and ornamental birds, to be classified in the category ‘sensory additives’ and in the functional group ‘colourants’.

(4) The European Food Safety Authority (‘the Authority’) concluded in its opinion of 11 November 2021 (2) that, under the proposed conditions of use, Allura Red AC does not have adverse effects on animal health, consumer safety or the environment. The Authority could not conclude on the efficacy of Allura Red AC when used in feed for small non-food producing mammals and ornamental birds, considering the wide variety of feedingstuffs used in complete and complementary feed for small non-food producing mammals and ornamental birds, and the uncertainty of which concentration of Allura Red AC would result in a visible effect. However, the Authority also stated that for this additive, which is authorised in food and, where the function for feed is the same as that for food, no further demonstration of efficacy might be necessary. The Authority also verified the report on the methods of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5) Moreover, Allura red AC is already authorised in feed for cats and dogs by Commission Implementing Regulation (EU) 2020/197 (3) and the Authority concluded, in its opinion of 24 April 2012 (4), that Allura Red AC is effective in colouring a typical feed for dogs at a minimum dose of 50 mg/kg, which is similar to the minimum levels proposed by the Authority for this use in small non-food producing mammals and ornamental birds.

(6) In view of the above, the Commission therefore considers that there is sufficient evidence of the efficacy of this substance.

(7) The assessment of Allura Red AC shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that substance should be authorised as specified in the Annex to this Regulation.

(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1 The substance specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘colourants’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.

Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 July 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 268, 18.10.2003, p. 29.

(2) EFSA Journal 2021;19(12):6987.

(3) Commission Implementing Regulation (EU) 2020/197 of 13 February 2020 concerning the authorisation of allura red AC as a feed additive for cats and dogs (OJ L 42, 14.2.2020, p. 4).

(4) EFSA Journal 2012;10(5):2675.