COMMISSION RECOMMENDATION of 29 March 1978 to the Member States on the use of saccharin as a food ingredient and for sale as such in tablet form to the final consumer (78/358/EEC)

I. 1. The Scientific Committee for Food, in its opinion of 24 June 1977, concluded the following: 1. The temporary ADI (acceptable daily intake) of 0 to 2 75 mg/kg bw proposed by the Joint FAO/WHO Expert Committee on Food Additives is endorsed. (Some members of the Committee felt that saccharin should not be used in food for general consumption.)

2. There is a need for a specification, listing detailed purity criteria, which includes appropriate limits for impurities.

3. Saccharin should not be used in food specially prepared for young children (up to three years old).

4. The intake of saccharin by children and pregnant women should be limited. To facilitate this limitation the Committee is of the opinion that the consumer should be adequately informed of the presence of saccharin in any food.

I. 2. The Commission endorses the conclusions of the Scientific Committee for Food. As far as the second conclusion of the Committee is concerned the Commission is elaborating purity criteria for saccharin in order to implement the advice as soon as possible. The other conclusions of the Scientific Committee for Food have implications in various sectors of the Commission's activities: - the Commission's proposal on labelling of foodstuffs, which is at an advanced stage in the Council, contains provisions directly relevant to the labelling suggestions made by the Committee;

- rules on the conditions under which additives may be used in foodstuffs are being developed in Directives on specific foods (e.g. soft drinks). The Commission is also examining the possibility of elaborating rules which comprehensively control the food uses of saccharin;

- Council Directive 77/94/EEC on foodstuffs for particular nutritional uses (1) outlines the basic rules under which Directives on specific aspects of the subject may be developed and the use of saccharin in such products may require separate legislation.

The Commission believes that until such Community provisions are elaborated, Member States ought to take such measures as are necessary to comply with the advice of the Scientific Committee for Food in the matter. The Commission will keep the situation under continuous review.

II. In applying Article 155, second indent, of the Treaty establishing the European Economic Community, and until Community provisions on the matter are adopted the Commission recommends therefore to the Member States that - national rules on the use of saccharin in foodstuffs should be developed, if necessary, so as to respect the ADI for saccharin, and to keep to a minimum the intake of saccharin by children;

- the use of saccharin in infant foods should be prohibited;

- foodstuffs should be labelled in such a way that the presence of saccharin is specifically and clearly mentioned;

- appropriate labelling provisions for saccharin sold in tablet form should be implemented to inform the purchaser of the possible dangers of excessive consumption of saccharin especially in the case of children and pregnant women.

Done at Brussels, 29 March 1978.

For the Commission

Étienne DAVIGNON

Member of the Commission (1)OJ No L 26, 31.1.1977, p. 55.