The Food Standards Agency (FSA) is preparing to test the legal status of substances used to colour food as part of a road-testing exercise for guidance emerging from the European Commission (EC).
"There is a difficult legislative boundary between a food colour additive and a colouring food," said the FSA. "There is a spectrum of extracts moving from a food to a food colour and we want to find a better way of defining this boundary."
The FSA has chosen "about 10" examples and has indicated the information it wants industry to supply for each one. It is now waiting for industry comments.
The EC said the crucial thing in deciding whether an extract is a food additive or a food with colouring properties is to decide whether or not the extraction is selective. That requirement is outlined in the EU additives regulation 1333/2008, which came into force in January.
The outcome of the FSA's process could affect the status of substances that are already on the market, including spirulina extract, which is used to colour confectionery blue. A number of these extracts are not currently approved for use as additives in the EU.
l See feature on p67