What's Changed and Why It Matters Now
The UK food safety landscape is constantly evolving, and staying abreast of legislative changes is paramount for any food business operating in England. A significant update is on the horizon with 'The Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024'. These regulations come into force on 28 June 2024 and introduce crucial changes that directly impact product formulation, ingredient sourcing, and labelling requirements for your business.
This legislation is not merely an administrative update; it represents a tangible shift in what is legally permitted in food products sold in England. Ignoring these changes could lead to non-compliance, potential product recalls, and adverse EHO inspections, ultimately jeopardising your food hygiene rating and business reputation. The FSA expects all food business operators to understand and implement these new requirements effectively.
Key Changes You Need to Know:
- **New Authorisations:** Four new novel foods and three new food additives have been officially authorised for use.
- **Updated Specifications:** Existing specifications for various food additives have been revised and updated.
- **Flavouring Removals:** Twenty-two previously authorised food flavourings are no longer permitted for use.
- **Ethylene Oxide Limit:** A new maximum limit for ethylene oxide has been established across all authorised food additives.
- **Scope:** These regulations apply exclusively to food businesses operating in England.
Your Action Plan: Steps to Take This Week
With the 28 June 2024 deadline rapidly approaching, it's essential to act decisively. Follow these practical, action-led steps to ensure your business remains compliant.
- **Review Your Ingredient Inventory and Specifications:**
- **Identify Affected Products:**
- **Communicate with Your Suppliers:**
- **Update Your Recipes and Product Formulations:**
- **Revise Product Labelling:**
- **Update Your HACCP Plan:**
- **Train Your Staff:**
- **Document Everything:**
- Review Your Ingredient Inventory and Specifications: Systematically go through your entire list of purchased ingredients. Pay close attention to any items classified as food additives, novel foods, or flavourings. Request updated specifications from your suppliers for all such ingredients to ensure they comply with the new authorisations, updated specifications, and the new maximum limit for ethylene oxide. This is a critical first step to understand your exposure.
- Identify Affected Products: Cross-reference your ingredient review with your product formulations. Pinpoint all finished products that utilise any of the 22 now-removed flavourings, or any additives with updated specifications or new ethylene oxide limits. Also, identify any products that could potentially incorporate the newly authorised novel foods or additives.
- Communicate with Your Suppliers: Engage proactively with your ingredient suppliers. Enquire about their compliance plans regarding the new regulations, especially concerning the removed flavourings and the ethylene oxide limit. Obtain written assurances and updated technical data sheets (TDS) or specifications for all affected ingredients. If a supplier cannot guarantee compliance for a specific ingredient, you will need to seek alternative compliant sources.
- Update Your Recipes and Product Formulations: For any product containing a removed flavouring, you must reformulate the recipe to either remove it or replace it with an authorised alternative. For additives with updated specifications or new ethylene oxide limits, ensure your usage levels and the additive itself still meet the legal requirements. This may involve adjusting quantities or sourcing different versions of additives. If you need help navigating complex changes, consider our [consulting services](/services/consulting).
- Revise Product Labelling: Any changes to ingredients, especially additives and flavourings, will necessitate updates to your product labels. Ensure that all ingredient lists accurately reflect the new formulations. Pay particular attention to the 'flavouring' declaration if a specific flavouring has been removed or replaced. Incorrect labelling can lead to enforcement action from the EHO and misinform consumers, particularly regarding allergens. For broader allergen management, our [Allergen Management Checklist](/free-guides/allergen-management-checklist) can be a useful resource.
- Update Your HACCP Plan: Changes to ingredients and formulations are significant and must be reflected in your Hazard Analysis and Critical Control Point (HACCP) plan. Review your existing HACCP documentation to assess any new or altered hazards introduced by ingredient changes. Update your critical control points (CCPs) and monitoring procedures as necessary. This ensures your food safety management system remains robust and compliant with Regulation (EC) No 852/2004. If you require assistance with this, our [HACCP Template for Restaurants](/free-guides/haccp-template-restaurants) can provide a good starting point, or consider our specialised [HACCP Level 3 course](/courses/haccp-level-3).
What Good Looks Like: Your Compliance Checklist
By following the steps above, your business should achieve a strong position of compliance. Here’s what a compliant operation will demonstrate:
- All food additives and novel foods used are legally authorised in England.
- All flavourings used are on the current authorised list; the 22 removed flavourings are no longer present in your products.
- Ingredient specifications from suppliers are up-to-date and reflect the new regulations, including the ethylene oxide limit.
- Product recipes and formulations have been updated to reflect any necessary ingredient changes.
- All product labelling is accurate and reflects current formulations, ensuring transparency for consumers and compliance with FSA guidelines.
- Your HACCP plan has been reviewed and updated to account for any changes in ingredients or processes.
- Staff are fully trained and aware of the new regulations and internal procedures.
- Comprehensive records are maintained, demonstrating a clear audit trail of compliance efforts.
Frequently Asked Questions
Frequently Asked Questions
Do these regulations apply to my food business if I operate outside of England?
No, 'The Food Additives and Novel Foods (Authorisations and Miscellaneous Amendments) and Food Flavourings (Removal of Authorisations) (England) Regulations 2024' apply only in relation to England. Businesses in Scotland, Wales, or Northern Ireland will need to monitor their respective devolved administrations for similar or related legislative changes.
How can I check if a specific food additive or flavouring is still authorised?
You should obtain the most up-to-date specifications and declarations from your ingredient suppliers. They are responsible for ensuring the ingredients they supply are compliant. Additionally, the official legislation document (available on legislation.gov.uk) lists the specifics of authorisations and removals. The FSA website is also a key resource for guidance.
What should I do if my supplier can't provide compliant ingredients by 28 June 2024?
You must immediately seek alternative, compliant suppliers for the affected ingredients. If this is not possible, you must reformulate your products to remove the non-compliant ingredient or cease production of those specific products until compliant ingredients can be sourced. Continued use of unauthorised ingredients after the deadline will result in non-compliance.
Sources
Written by Carren Amoli, BSc (Hons), RSPH Registered
