Commission updates specifications on food additives

With implementing Regulation (EU) 2024/2597 of 4 October 2024, the Commission amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sorbic acid (E 200) and potassium sorbate (E 202) and the Annex to Commission Regulation (EU) No 231/2012 as regards the specifications for sorbic acid (E 200), potassium sorbate (E 202) and propyl gallate (E 310).

Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission has to seek the opinion of the Authority in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. As sorbic acid (E 200) and potassium sorbate (E 202) are authorised for use in a wide variety of foods, including in different desserts in food category 16 ‘Desserts excluding products covered in categories 1, 3 and 4’ in Part E of Annex II to Regulation (EC) No 1333/2008, the extended proposed use in fruit-flavoured water-based gelatine desserts is not expected to have a significant impact on the overall exposure which therefore will remain below the ADI. This is also supported by the estimation provided by the applicant and carried out by using the Food Additive Intake Model developed by the Authority. Therefore, the extended use of sorbic acid (E 200) and potassium sorbate (E 202) in fruit-flavoured water-based gelatine desserts is not liable to have an effect on human health and consequently it is not necessary to seek the opinion of the Authority.

Considering that the Authority did not identify an immediate health concern linked to the presence of toxic elements and catalysts and to allow the food business operators, including small and medium enterprises, to adapt to the new more stringent specifications laid down in this Regulation, the application of the new purity specifications for the food additives sorbic acid (E 200), potassium sorbate (E 202) and propyl gallate (E 310), and the definition of propyl gallate (E 310) should be deferred and a transitional period should be provided for food additives placed on the market before the date of application.

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