Held hostage to novel food regulations

Infuriating as the case of the Saskatoon berry must be for the suppliers that had to withdraw their blueberry-like product from supermarkets, because...

Infuriating as the case of the Saskatoon berry must be for the suppliers that had to withdraw their blueberry-like product from supermarkets, because the fruits is classed as a 'novel food' under EC Regulation 258/97 (NFR), it pays to be alert to the requirements of the novel foods regulation.

While it is often bemoaned by many exporters of exotic foods to the European Union (EU) that the NFR places a hurdle to the trade of foods that have been consumed elsewhere for decades or centuries, its purpose is to ensure that all foods within the EU are safe for consumption.

It is not the first product to be on the market in the EU while an application was being considered -- noni juice from many suppliers was found to be readily available in Europe when an application for a novel food authorisation was submitted. This effectively resulted in the withdrawal of many suppliers' products until they could seek their own authorisations, or apply for substantial equivalence. Other products such as Stevia rebaudiana Bertoni and 'nangai nuts' (Canarium indicum) have had authorisation refused under the NFR due to insufficient safety data.

While it may not always be an issue of safety that provokes a recall or freeze on the marketing of products (Saskatoon berries are not being withdrawn from sale, but stock is being frozen at retail level), it is a matter of procedure.

Bureaucratic as it may seem, the critical issue with the NFR is the all important cut-off date -- May 1997. That's it -- on sale before -- not a novel food, on sale afterwards -- could be a novel food.

The case of phytostanols vs phytosterols illustrates this point precisely. The Benecol phytostanol product made it onto the market six month's before the NFR was published whereas the Flora pro-activ phytosterol product, despite its similarity, was subject to a three-year approval.

It is therefore wise to ensure that through your due-diligence procedure the question of novelty is routinely checked for new ingredients that come your way. Finding out prior to manufacturing is far less of a headache than finding out afterwards!

Jean Feord, business manager for legislation, Leatherhead Food International. http://www.leatherheadfood.com