EU Novel Food regulations
Filip has noticed that more and more reports are being published about this berry in the media. “Some of the fruit cultivators and traders unfortunately appear not to know about the strict EU Novel Food regulations. I have been working with haskap for several years already to make strain comparisons and to research some cultivation-technical aspects, but for the EU, it is still a berry that cannot (yet) be marketed.”
Large risk
Filip was personally confronted with this problem when he started with the kiwi berry. “Only since the end of 2016 is there complete clarity about kiwi berries within the EU. Kiwi berry (Actinidia arguta) has now been recorded in the list of novel foods. The honeyberry or haskap berry is not on this list, because not one member country can indicate a user history in the EU before 15/5/1997. Commercialisation in the EU is therefore not allowed. It is advisable to first make sure the notification of the cultivation of haskap is in order, before people start promoting the fruit.” According to him, the legislation is fairly nonsensical. “But some member countries make quite a fuss about it. I tried for years to gain access through our government services with a dossier, but that is not obvious. It costs quite a bit of money, and takes a lot of time. Especially because a simpler procedure will not be possible. At least with kiwi berries we could refer to green and yellow kiwi fruits.”Novel Food - protecting consumers
Globally, there are thousands of types of plants that are also called Novel Foods. The European Novel Food regulations is the watchdog that regulates the introduction of ‘new’ foods in the EU. According to the regulations, Novel Foods are foods and food ingredients which were not yet consumed to a significant extent in the EU before 15 May 1997. The Novel Food regulation was developed in the mid-90s, when the EU was confronted with food which was genetically modified. People wanted regulations to protect consumers against foods which could possibly pose a safety risk. The regulations concerning bringing Novel Foods into trade have therefore been harmonised on a European level through Ordinance 258/97/EG of 27 January 1997.
Procedure lasts 3.5 years
Before a Novel Food can be brought into the trade, it has to be subjected to a scientific evaluation. Based on this, it will either be allowed access to be traded within the EU or not. A Novel Food can only be sold within the EU after a very extensive and expensive safety dossier has been approved. The average time before authorisation is approved is three-and-a-half years, and costs between €20,000 up to several hundred thousands of euros.
New law in 2018
The Novel Food legislation is nearly 20 years old. The new European Novel Food legislation should make an end to the slow acceptance procedure, which has kept new food products off the market up till now. It was approved on 25 November 2015, but it will only be put into force on 1 January 2018. Especially noticeable in the new version is the new, centralised authorisation procedure. The requests have to be submitted to the European Commission (instead of to the authority of the member country concerned), and the EFSA will execute the risk analysis. A member country can then no longer approve or reject a Novel Food independently from the EU. Working methods will also become more transparent, and the new legislation will also make it easier to introduce traditional foods from third countries onto the market. “Unfortunately, the new legislation has not yet been put into force, and we still have to make do with the old regulations,” Filip concludes.
Filip Debersaques
Hoofdlector Tuinbouw
University of Ghent
Faculty Bio-Engineering Sciences
Applied Biosciences
Campus Schoonmeersen – building C
Valentin Vaerwyckweg 1
B-9000 Ghent, Belgium
T + 32 9 243 24 89
F + 32 9 242 42 79