2002/247/EC: Commission Decision of 27 March 2002 suspending the placing on the market and import of jelly confectionery containing the food additive E 425 konjac (Text with EEA relevance) (notified under document number C(2002) 1283)
Date: 2002-03-27
Institutions: European Commission
Subjects: confectionery, food additive, import restriction, market approval, public health

28.3.2002

EN

Official Journal of the European Communities

L 84/69

COMMISSION DECISION

of 27 March 2002

suspending the placing on the market and import of jelly confectionery containing the food
additive E 425 konjac

(notified under document number C(2002) 1283)

(Text with EEA relevance)

(2002/247/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 178/2002 of the Euro-
pean Parliament and of the Council of 28 January 2002 laying
down the general principles and requirements of food law,
establishing the European Food Safety Authority and laying
down procedures in matters of food safety (1), and in particular
Article 53(1) thereof,

Whereas:

Under Article 53(1) of Regulation (EC) No 178/2002 the
Commission can suspend the placing on the market or
use of a food that is likely to constitute a serious risk to
human health, when such risk cannot be contained satis-
factorily by means of measures taken by the Member
States concerned.

Directive 95/2/EC of the European Parliament and of the
Council of 20 February 1995 on food additives other
than colours and sweeteners (2) authorises in its Annex
IV the use of the food additive E 425 konjac in food-
stuffs under certain conditions.

Several Member States and third countries have taken
measures to temporarily prohibit the placing on the
market of
jelly mini-cups containing E 425 konjac
because they have caused the death of several children in
third countries through choking. The Commission has
been informed of these measures.

(7)

(8)

(9)

(10)

(11)

properties of konjac are the cause for jelly mini-cups to
constitute a serious risk to human health.

In the present case, warning through labelling is not
sufficient to protect human health, especially with regard
to children.

Community-wide measures are necessary to provide
adequate protection of human health, due to the
disparity of the measures taken by some Member States
and the fact that other Member States have not taken
any measures at all.

It is necessary to suspend the placing on the market of
jelly mini-cups containing konjac and the use of konjac
in jelly mini-cups and imports of
jelly mini-cups
containing konjac in order to protect human health. In
addition, any other jelly confectionery containing konjac
and the use of konjac in any such products should be
suspended, as they may present the same risk as jelly
mini-cups.

The Commission will propose to the European Parlia-
ment and to the Council an amendment to Directive
95/2/EC on food additives other than colours and sweet-
eners in order to modify the authorisation for the use of
E 425 konjac in line with this Decision.

The Commission will examine whether there is a need to
take further action to address the risk of choking that
may exist from the general use of gelling agents in jelly
confectionery, and will come forward, if necessary, with
appropriate proposals.

Some manufacturers of jelly mini-cups recognise the risk
to human health by affixing a warning on the food
package, highlighting the risk for children and elderly.

(12)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

The Commission has examined the information given by
the Member
Standing
Committee on the Food Chain and Animal Health.

together with the

States

On the basis of
the information provided by the
Member States who adopted measures at national level,
it can be concluded that jelly mini-cups containing E
425 konjac constitute a life-threatening risk. In addition
the chemical and physical
to their shape and size,

(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 61, 18.3.1995, p. 1.

HAS ADOPTED THIS DECISION:

Article 1

The placing on the market of

1.
jelly confectionery,
including jelly mini-cups, containing E 425: Konjac: (i) Konjac
gum (ii) Konjac glucomannane is suspended.

(1)

(2)

(3)

(4)

(5)

(6)

L 84/70

EN

Official Journal of the European Communities

28.3.2002

The use of E 425: Konjac: (i) Konjac gum (ii) Konjac glucomannane in jelly confectionery, including

2.
jelly mini-cups,

is suspended.

The import of jelly confectionery, including jelly mini-cups, containing E 425: Konjac: (i) Konjac gum

3.
(ii) Konjac glucomannane is suspended.

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 27 March 2002.

For the Commission

David BYRNE

Member of the Commission