Bech-Bruun food regulatory update

Food Law News: EU requirements for diet replacement products, updated EU rules on recycled plastic in food contact materials and Danish draft guidance on fortified foods.

Multiple legislative changes are taking place in the food sector. In October 2022, Regulation (EU) 2017/1798 on the specific compositional and information requirements for total diet replacement for weight control will enter into force. Recently, the Commission adopted a new Regulation on the use of recycled plastic materials and articles intended to come into contact with foods, which is pending adoption before the Parliament and the Council. At local level, the Danish Veterinary and Food Administration (DVFA) has published a new draft guidance on the addition of vitamins, minerals and certain other substances to foods, including various relevant amendments to the existing guidance.

Regulation (EU) 2017/1798 on the specific compositional and information requirements for total diet replacement for weight control
Though adopted in 2017, Regulation (EU) 2017/1798 is set to enter into force on 27 October 2022 as a supplement to the rules set out in Regulation (EU) 609/2013 on food intended for infants and young children, food for special medical purposes and total diet replacement for weight control. The new Regulation lays down requirements for the production and marketing of total diet replacement (TDR) products, including compositional requirements. For instance, Regulation (EU) 2017/1798 lays down a prohibition against the use of nutrition and health claims on TDR products and lists additional requirements concerning the nutrition declaration on such products. Overall, the Regulation aims to uphold a high level of protection of public health while still ensuring the free movement of foods presented as total diet replacement for weight control.

Due to the specific nature of TDR products, specific additions and exceptions to the general rules on food labelling in Regulation (EU) 1169/2011 on food information to consumers are implemented, where appropriate.

Updated EU rules on recycled plastic materials and articles intended to come into contact with foods
On 15 September 2022, the Commission adopted a draft Regulation on recycled plastic materials and articles intended to come into contact with foods repealing Regulation (EC) No 282/2008. The Regulation lays down rules on, among other things, the placing on the market of plastic food contact materials and articles containing plastic originating from plastic waste and general requirements for plastic recycling and the use of recycled plastic.

The new Regulation aims to cover new recycling technologies that have emerged after the adoption of Regulation (EC) No 282/2008. Whereas Regulation (EC) No 282/2008 did not apply to all recycling technologies, the new Regulation aims to cover all existing recycling technologies that cannot adequately be regulated by Regulation (EU) No 10/2011. The legislation is relevant for many businesses and stakeholders in the food sector moving towards more sustainable materials.

The Regulation has been adopted by the Commission and is now pending adoption before the European Parliament and the Council.

Draft guidance on addition of vitamins, minerals and certain other substances to foods
In Denmark, national requirements are in place concerning the addition of vitamins, minerals and certain other substances to foods. On 19 September 2022, the Danish Veterinary and Food Administration (DVFA) published a new draft guidance on fortified foods. 

The guidance document offers clarifying information about the DVFA interpretation of the national fortification legislation. The draft new guidance includes several amendments. For instance, the DVFA has included a new chapter on the allocation of responsibilities between different types of companies and their responsibilities in relation to risk analyses. Other amendments include updates relating to the principle of mutual recognition, as laid down in Regulation (EU) 2019/515 on mutual recognition of goods legally marketed in another Member State, and a specification of when the indicative tolerance limits for vitamins, minerals and certain other substances apply. The draft guidance is in public consultation and open for feedback until 17 October 2022.

If you would like to know more about relevant food law topics, please contact the Bech-Bruun team.