The Novel Food (England) Regulations 2018 (‘the Regulations’) are designed to protect the public from the potential dangers of new or unusual food that enters the market by ensuring that it is safe for consumers, properly labelled so as not to mislead and, if intended to replace another food, it does so in a manner not nutritionally disadvantageous to the consumer.
The Regulations take as their basis the Retained Regulation (EU) 2015/2283.
John Veale of Kangs Solicitors comments upon the Regulations.
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Novel Food | Kangs Food Safety Solicitors
Novel Food is food that does not have a significant history of consumption by humans within the UK or European Union before 15 May 1997 and may include food which is:
- newly developed,
- produced as the result of new technology,
- traditionally eaten outside of the EU.
Novel Food includes, by way of example:
- new food such as phytosterols and phytostanols contained in cholesterol reducing spreads,
- chia seeds and baobab, but which are traditionally eaten in other parts of the world,
- bread treated with ultraviolet light to increase the level of vitamin D present.
Regulation (EU) 2015/2283 | Kangs Novel Food Solicitors
- contains the requirements for placing Novel Food on the market,
- requires that, before being placed on the market, Novel Food must be placed on an Authorised List,
- explains the process for placing the Novel Food on the Authorised list,
- provides specific rules for traditional food from Third World countries,
- issues post market monitoring requirements,
- sets out the requirement for suppliers to provide new scientific or technical information which might influence the evaluation of the safety of use of the Novel Food.
Penalty For Breach | Kangs Environmental Health Offences Defence Solicitors
- Regulation 4 states that a person who contravenes or fails to comply with any of the specified Union provisions as read with Article 35(2) of Regulation (EU) 2015/2283 is guilty of an offence.
- Offences are tried in a Magistrates’ Court which may impose a fine upon conviction.
Other Considerations | Kangs Criminal Defence Solicitors
- It is the local authority who enforce the regulations and it should be noted that those convicted will be subject to an unlimited fine.
- The Regulations also provide for the imposition of civil sanctions including fixed monetary penalties, compliance notices and stop notices.
- Since the departure from the European Union applications in England to have a Novel Food listed are made to the Food Standards Agency, to whom issues involving new technical data/scientific data that may affect the safety of novel food should also be referred.
Who Can I Contact for Advice & Help? | Kangs Food Hygiene Solicitors
If you are subject to any investigation by The Food Standards Agency, local authority or other prosecuting authority in connection with your provision of food or food services you should seek expert advice immediately.
Please do not hesitate to contact the team at Kangs Solicitors through any of the following who will be pleased to speak to you: