Commission Implementing Regulation (EU) 2020/1559 of 26 October 2020 amending Implementing Regulation (EU) 2017/2470 establishing the Union list of novel foods (Text with EEA relevance)
Date: 2020-10-26
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: cereal product, food inspection, food safety, food supplement, human nutrition, market approval, milk product, mushroom-growing, non-alcoholic beverage, novel food








L_2020357EN.01000701.xml










27.10.2020   


EN


Official Journal of the European Union


L 357/7








            COMMISSION IMPLEMENTING REGULATION (EU) 2020/1559
of 26 October 2020
         
amending Implementing Regulation (EU) 2017/2470 establishing the Union list of novel foods
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,

Whereas:







(1)


Pursuant to Article 8 of Regulation (EU) 2015/2283, the Commission was to establish, by 1 January 2018, the Union list of novel foods authorised or notified under Regulation (EC) No 258/97 of the European Parliament and of the Council (2).












(2)


The Union list of novel foods authorised or notified under Regulation (EC) No 258/97 was established by Commission Implementing Regulation (EU) 2017/2470 (3).












(3)


Commission Implementing Regulation (EU) 2018/1023 (4) corrected the initial Union list of novel foods established in the Annex to Implementing Regulation (EU) 2017/2470 by replacing that Annex. In the meantime eight Commission Implementing Regulations (EU) 2018/460 (5), (EU) 2018/461 (6), (EU) 2018/462 (7), (EU) 2018/469 (8), (EU) 2018/991 (9), (EU) 2018/1011 (10), (EU) 2018/1018 (11), (EU) 2018/1032 (12) had been adopted authorising placing on the market of novel foods or extending the use of novel foods respectively. Those Implementing Regulations also updated the Union list. However, those novel foods and extensions of the use of novel foods no longer appear in the list, as replaced by Implementing Regulation (EU) 2018/1023.












(4)


For reasons of clarity and legal certainty, the Union list of novel foods set out in the Annex to Implementing Regulation (EU) 2017/2470 should therefore be amended to include those novel foods and extensions of the use of novel foods in the Union list again. Since those novel foods and extensions of the use of novel foods were included in the Union list until the entry into force of Implementing Regulation (EU) 2018/1023 on 13 August 2018, this Regulation should apply as of that date.












(5)


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 Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 13 August 2018.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 October 2020.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 327, 11.12.2015, p. 1.

(2)  Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (OJ L 43, 14.2.1997, p. 1).

(3)  Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).

(4)  Commission Implementing Regulation (EU) 2018/1023 of 23 July 2018 correcting Implementing Regulation (EU) 2017/2470 establishing the Union list of novel foods (OJ L 187, 24.7.2018, p. 1).

(5)  Commission Implementing Regulation (EU) 2018/460 of 20 March 2018 authorising the placing on the market of Ecklonia cava phlorotannins as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 78, 21.3.2018, p. 2).

(6)  Commission Implementing Regulation (EU) 2018/461 of 20 March 2018 authorising an extension of use of taxifolin-rich extract as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 78, 21.3.2018, p. 7).

(7)  Commission Implementing Regulation (EU) 2018/462 of 20 March 2018 authorising an extension of use of L-ergothioneine as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 78, 21.3.2018, p. 11).

(8)  Commission Implementing Regulation (EU) 2018/469 of 21 March 2018 authorising the placing on the market of an extract of three herbal roots (Cynanchum wilfordii Hemsley, Phlomis umbrosa Turcz. and Angelica gigas Nakai) as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 79, 22.3.2018, p. 11).

(9)  Commission Implementing Regulation (EU) 2018/991 of 12 July 2018 authorising the placing on the market of hen egg white lysozyme hydrolysate as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 177, 13.7.2018, p. 9).

(10)  Commission Implementing Regulation (EU) 2018/1011 of 17 July 2018 authorising an extension of use levels of UV-treated mushrooms as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 181, 18.7.2018, p. 4).

(11)  Commission Implementing Regulation (EU) 2018/1018 of 18 July 2018 authorising an extension of use of UV-treated baker’s yeast (Saccharomyces cerevisiae) as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 183, 19.7.2018, p. 9).

(12)  Commission Implementing Regulation (EU) 2018/1032 of 20 July 2018 authorising the extension of use of oil from the micro algae Schizochytrium sp. as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 185, 23.7.2018, p. 9).




ANNEX
The Annex is amended as follows.






(1)


Table 1 (Authorised novel foods) is amended as follows:






(a)


the following entry is inserted between the entry for ‘Echium plantagineum oil’ and the entry for ‘Egg membrane hydrolysate’:









Authorised novel food


Conditions under which the novel food may be used


Additional specific labelling requirements


Other requirements




‘
Ecklonia cava phlorotannins




Specified food category




Maximum levels



The designation of the novel food on the labelling of the foodstuffs containing it shall be “Ecklonia cava Phlorotannins”.
Food supplements containing Ecklonia cava phlorotannins shall bear the following statement:






(a)


This food supplement should not be consumed by children/adolescents under the age of twelve/fourteen/eighteen(*) years.










(b)


This food supplement should not be consumed by persons with thyroid disease or by persons who are aware of or have been identified as being at risk of developing thyroid disease.










(c)


This food supplement should not be consumed if other food supplements containing iodine are also consumed.










(*)


Depending on the age group the food supplement is intended for.’






 




Food supplements as defined in Directive 2002/46/EC intended for the general population, excluding children under the age of 12 years


163 mg/day for adolescents from 12 to 14 years of age
230 mg/day for adolescents above 14 years of age
263 mg/day for adults














(b)


the entry for ‘Taxifolin-rich extract’ is replaced by the following:









‘Taxifolin-rich extract




Specified food category




Maximum levels



The designation of the novel food on the labelling of the foodstuffs containing it shall be “taxifolin-rich extract”’


 




Yogurt plain/Yogurt with fruits(*)



0,020 g/kg




Kephir(*)



0,008 g/kg




Buttermilk(*)



0,005 g/kg




Milk powder(*)



0,052 g/kg




Cream(*)



0,070 g/kg




Sour cream(*)



0,050 g/kg




Cheese(*)



0,090 g/kg




Butter(*)



0,164 g/kg




Chocolate confectionery


0,070 g/kg




Non-alcoholic beverages


0,020 g/L




Food supplements as defined in Directive 2002/46/EC intended for the general population, excluding infants, young children, children and adolescents younger than 14 years


100 mg/day










(*)


When used in milk products Taxifolin-rich extract may not replace in whole or in part, any milk constituent


















(c)


the entry for ‘L-ergothioneine’ is replaced by the following:









‘L-ergothioneine




Specified food category




Maximum levels



The designation of the novel food on the labelling of the foodstuffs containing it shall be “L-ergothioneine”’


 




Alcohol-free beverages


0,025 g/kg




Milk-based drinks


0,025 g/kg




“Fresh” milk products(*)


0,040 g/kg




Cereal bars


0,2 g/kg




Chocolate confectionery


0,25 g/kg




Food supplements as defined in Directive 2002/46/EC


30 mg/day for general population (excluding pregnant and lactating women)
20 mg/day for children older than 3 years










(*)


When used in milk products L-ergothioneine may not replace in whole or in part, any milk constituent


















(d)


the following entry is inserted between the entry for ‘L-ergothioneine’ and the entry for ‘Ferric sodium EDTA’:









‘Extract of three herbal roots (Cynanchum wilfordii Hemsley, Phlomis umbrosa Turcz. and Angelica gigas Nakai)




Specified food category




Maximum levels



The designation of the novel food on the labelling of the foodstuffs containing it shall be “extract of three herbal roots (Cynanchum wilfordii Hemsley, Phlomis umbrosa Turcz. and Angelica gigas Nakai)”.
The labelling of food supplements containing the extract of mixture of the three herbal roots shall bear a statement in close proximity to the list of ingredients indicating that it should not be consumed by individuals with known celery allergy.’


 




Food supplements as defined in Directive 2002/46/EC for adult population


175 mg/day














(e)


the following entry is inserted between the entry for ‘Lycopene oleoresin from tomatoes’ and the entry for ‘Magnesium citrate malate’:









‘Hen egg white lysozyme hydrolysate




Specified food category




Maximum levels



The designation of the novel food on the labelling of food supplements containing it shall be “Hen egg white lysozyme hydrolysate”.’


 




Food supplements as defined in Directive 2002/46/EC intended for adult population


1000 mg/day














(f)


the entry for ‘UV-treated mushrooms (Agaricus bisporus)’ is replaced by the following:









‘UV-treated mushrooms (Agaricus bisporus)




Specified food category




Maximum levels of vitamin D2










1.


The designation on the label of the novel food as such or of the foodstuffs containing it shall be “UV-treated mushrooms (Agaricus bisporus)”.










2.


The designation on the label of the novel food as such or of the foodstuffs containing it shall be accompanied by indication that a “controlled light treatment was used to increase vitamin D levels” or “UV treatment was used to increase vitamin D2 levels”.’






 




Mushrooms (Agaricus bisporus)


20 μg of vitamin D2/100 g fresh weight














(g)


the entry for ‘UV- treated baker’s yeast (Saccharomyces cerevisiae)’ is replaced by the following:









‘UV-treated baker’s yeast (Saccharomyces cerevisiae)




Specified food category




Maximum levels of vitamin D2




The designation of the novel food on the labelling of the foodstuffs containing it shall be “Vitamin D yeast” or “Vitamin D2 yeast”


 




Yeast-leavened breads and rolls


5 μg of vitamin D2/100 g




Yeast-leavened fine bakery wares


5 μg of vitamin D2/100 g




Food supplements as defined in Directive 2002/46/EC


 




Pre-packed fresh or dry yeast for home baking


45 μg/100 g for fresh yeast
200 μg/100 g for dried yeast








1.


The designation of the novel food on the labelling of the foodstuffs shall be “Vitamin D yeast” or “Vitamin D2 yeast”.










2.


The labelling of the novel food shall bear a statement that the foodstuff is only intended for baking and that it should not be eaten raw.










3.


The labelling of the novel food shall bear instructions for use for the final consumers so that a maximum concentration of 5 μg/100 g of vitamin D2 in final home‐baked products is not exceeded.’


















(h)


the entry for ‘Schizochytrium sp. (T18) oil’ is replaced by the following:









‘
Schizochytrium sp. (T18) oil




Specified food category




Maximum levels



The designation of the novel food on the labelling of the foodstuffs containing it shall be “Oil from the microalgae Schizochytrium sp.”.’


 




Dairy products except milk-based drinks


200 mg/100 g or for cheese products 600 mg/100 g




Dairy analogues except drinks


200 mg/100 g or for analogues to cheese products 600 mg/100 g




Spreadable fats and dressings


600 mg/100 g




Breakfast cereals


500 mg/100 g




Food supplements as defined in Directive 2002/46/EC


250 mg DHA/day for general population




450 mg DHA/day for pregnant and lactating women




Total diet replacement for weight control as defined in Regulation (EU) No 609/2013 and meal replacements for weight control


250 mg/meal




Milk-based drinks and similar products intended for young children


200 mg/100 g




Foods intended to meet the expenditure of intense muscular effort, especially for sportsmen




Foods bearing statements on the absence or reduced presence of gluten in accordance with the requirements of Commission Implementing Regulation (EU) No 828/2014




Foods for special medical purposes as defined in Regulation (EU) No 609/2013


In accordance with the particular nutritional requirements of the persons for whom the products are intended




Bakery products (breads, rolls and, sweet biscuits)


200 mg/100 g




Cereal bars


500 mg/100g




Cooking fats


360 mg/100 g




Non-alcoholic beverages (including dairy analogue and milk-based drinks)


80 mg/100 ml




Infant formula and follow-on formula as defined in Regulation (EU) No 609/2013


In accordance with Regulation (EU) No 609/2013




Processed cereal-based foods and baby foods for infants and young children as defined in Regulation (EU) No 609/2013


200 mg/100 g




Fruit/vegetable puree


100 mg/100 g


















(2)


Table 2 (Specifications) is amended as follows:






(a)


the following entry is inserted between the entry for ‘Echium plantagineum oil’ and the entry for ‘Egg membrane hydrolysate’:






Authorised Novel Food


Specification




‘
Ecklonia cava phlorotannins




Description/Definition


Ecklonia cava phlorotannins are obtained via alcohol extraction from the edible marine alga Ecklonia cava. The extract is a dark brown powder, rich in phlorotannins, polyphenolic compounds found as secondary metabolites in certain brown algae species.

Characteristics/Composition

Phlorotannin content: 90 ± 5 %
Antioxidant activity: > 85 %
Moisture: < 5 %
Ash: < 5 %

Microbiological criteria

Total viable cell count: < 3 000  CFU/g
Mould/yeast: < 300 CFU/g
Coliforms: Negative to test

Salmonella spp.: Negative to test

Staphylococcus aureus: Negative to test

Heavy metals and Halogens

Lead: < 3,0 mg/kg
Mercury: < 0,1 mg/kg
Cadmium: < 3,0 mg/kg
Arsenic: < 25,0 mg/kg
Inorganic Arsenic: < 0,5 mg/kg
Iodine: 150,0 – 650,0 mg/kg
CFU: Colony Forming Units’














(b)


the entry for ‘Definition’ for ‘Taxifolin-rich extract’ is replaced by the following:






‘Taxifolin-rich extract




Definition

Chemical name: [(2R,3R)-2-(3,4 dihydroxyphenyl)-3,5,7-trihydroxy-2,3-dihydrochromen-4-one, also called (+) trans (2R,3R)- dihydroquercetin] and with no more than 2 % of the cis-form’














(c)


the following entry is inserted between the entry for ‘L-ergothioneine’ and the entry for ‘Ferric sodium EDTA’:






‘Extract of three herbal roots (Cynanchum wilfordii Hemsley, Phlomis umbrosa Turcz. and Angelica gigas Nakai)





Description/Definition

The mixture of the three herbal roots is yellowish brown fine powder produced by hot-water extraction, concentration by evaporation, and spray drying

Composition of the extract of mixture of the 3 herbal roots


Cynanchum wilfordii root: 32,5 % (w/w)

Phlomis umbrosa root: 32,5 % (w/w)

Angelica gigas root: 35,0 % (w/w)

Specifications

Loss on drying: NMT 100 mg/g

Assay

Cinnamic acid: 0,012 – 0,039 mg/g
Shanzhiside methyl ester: 0,20 – 1,55 mg/g
Nodakenin: 3,35 – 10,61 mg/g
Methoxsalen: < 3 mg/g
Phenols: 13,0 – 40,0 mg/g
Coumarins: 13,0 – 40,0 mg/g
Iridoids: 13,0 – 39,0 mg/g
Saponins: 5,0 – 15,5 mg/g

Nutritive components

Carbohydrates: 600 – 880 mg/g
Proteins: 70 – 170 mg/g
Fats: < 4 mg/g

Microbiological parameters

Total viable plate count: < 5000 CFU/g
Total mold and yeast: < 100 CFU/g
Coliform bacteria: < 10 CFU/g

Salmonella: Negative/25 g

Escherichia coli: Negative/25 g

Staphylococcus aureus: Negative/25 g

Heavy metals

Lead: < 0,65 mg/kg
Arsenic: < 3,0 mg/kg
Mercury: < 0,1 mg/kg
Cadmium: < 1,0 mg/kg
CFU: Colony Forming Units’














(d)


the following entry is inserted between the entry for ‘Lycopene oleoresin from tomatoes’ and the entry for ‘Magnesium citrate malate’:






‘Hen egg white lysozyme hydrolysate




Description/Definition

Hen egg white lysozyme hydrolysate is obtained from hen egg white lysozyme by an enzymatic process, using subtilisin from Bacillus licheniformis.
The product is a white to light yellow powder.

Specification

Protein (TN(*) x 5,30): 80-90 %
Tryptophan: 5-7 %
Ratio Tryptophan/LNAA(**): 0,18-0.25
Degree of hydrolysis: 19-25 %
Moisture: < 5 %
Ash: < 10 %
Sodium: < 6 %

Heavy metals

Arsenic: < 1 ppm
Lead: < 1 ppm
Cadmium: < 0,5 ppm
Mercury: < 0,1 ppm

Microbiological criteria

Total aerobic count: < 103 CFU/g
Total combined yeasts/moulds count: < 102 CFU/g
Enterobacteria: < 10 CFU/g

Salmonella spp: Absence in 25 g

Escherichia coli: Absence in 10 g

Staphylococcus aureus: Absence in 10 g

Pseudomonas aeruginosa: Absence in 10 g






*


TN: total nitrogen










**


LNAA: large neutral amino acids’


















(e)


the entry for ‘UV-treated mushrooms (Agaricus bisporus)’ is replaced by the following:






‘UV-treated mushrooms (Agaricus bisporus)





Description/Definition

Commercially grown Agaricus bisporus to which UV light treatment is applied to harvested mushrooms.
UV radiation: a process of radiation in ultraviolet light within the wavelength of 200-800 nm.

Vitamin D2


Chemical name: (3β,5Z,7E,22E)-9,10-secoergosta-5,7,10(19),22-tetraen-3-ol
Synonym: Ergocalciferol
CAS No: 50-14-6
Molecular weight: 396,65 g/mol

Contents

Vitamin D2 in the final product: 5-20 μg/100 g fresh weight at the expiration of shelf life.’














(f)


the entry for ‘UV- treated baker’s yeast (Saccharomyces cerevisiae)’ is replaced by the following:






‘UV-treated baker’s yeast (Saccharomyces cerevisiae)




Description/Definition

Baker’s yeast (Saccharomyces cerevisiae) is treated with ultraviolet light to induce the conversion of ergosterol to vitamin D2 (ergocalciferol). Vitamin D2 content in the yeast concentrate varies between 800 000 -3 500 000  IU vitamin D/100 g (200-875 μg/g). The yeast may be inactivated.
The yeast concentrate is blended with regular baker’s yeast in order not to exceed the maximum level in the pre-packed fresh or dry yeast for home baking.
Tan-coloured, free-flowing granules.

Vitamin D2


Chemical name: (5Z,7E,22E)-(3S)-9,10-secoergosta-5,7,10(19),22-tetraen-3-ol
Synonym: Ergocalciferol
CAS No.: 50-14-6
Molecular weight: 396,65 g/mol

Microbiological criteria for the yeast concentrate

Coliforms: ≤ 103/g

Escherichia coli: ≤ 10/g

Salmonella: Absence in 25 g’