New NVWA Guidance: Handbooks on Enzymes, Flavourings, and Additives

The Netherlands Food and Consumer Product Safety Authority (NVWA) has recently published regulatory guidance, introducing two new handbooks on food enzymes and food flavourings, alongside a revised version of the existing handbook on food additives.[1] The NVWA aims to help food manufacturers navigate compliance requirements more efficiently.  

Regulatory framework and NVWA handbooks

The European Union established a harmonised framework for the authorisation of food improvement agents in 2008.[2] The Common Authorisation Procedure Regulation lays down a single procedure to ensure that these substances meet safety requirements before they are approved for use within the EU.[3] In addition to this procedure, three separate regulations have been adopted, each governing a different type of substance used in food (food enzymes, food additives, and flavourings respectively).[4] These regulations set out lists of authorised substances for each category and set out the specific conditions for their use, as well as the requirements for the information to be included on the label. In the Netherlands, these EU regulations are directly applicable. The Commodities Act Decree on Additives, Flavourings, and Enzymes in Foodstuffs explicitly refers to each of these regulations, ensuring that the authorisation and use of food substances at national level is in line with EU standards.[5]

The three handbooks are primarily intended for the food industry, especially food manufacturers, as a guide to help them meet their legal obligations. Although the legislation itself has not been changed; the NVWA provides a much-needed practical guidance through the handbooks on how to comply with the legislation and how the NVWA monitors compliance. The handbooks are thus a tool for the food industry to have a clearer understanding of which substances are permitted and the specific conditions under which they can be used in food products.[6]

Case-by-case assessment of colouring foods

However, the revised handbook on food additives introduces a notable update. While it was already clear that there was a difference between colours (additives) and colouring foods - for which the NVWA provides guidelines, which it also uses in enforcement to determine how to classify a substance[7] - the previous version of the handbook gave limited guidance on how to assess when colouring foods can be used instead of colours. The NVWA has now changed this by including a simple step-by-step plan in the handbook, which it will use to assess on a case-by-case basis whether the use of colouring foods is acceptable.   

A colouring food may be used to replace an approved colour, provided it does not pose a health risk or mislead the consumer. For example, adding a colouring food to tuna may give the impression that the fish is fresher than it is. This can pose a serious health risk to consumers if the tuna is close to spoiling. In cases where the addition of colours is prohibited, or carry-over into the final product is not allowed, these conditions must be carefully assessed to ensure compliance.[8]

Outlook

The NVWA handbooks thus offer practical guidance to food manufacturers, while the case-by-case assessment of colouring foodstuffs by the NVWA signals a more targeted approach to ensure both safety and transparency in the food industry. 

[1] Handboek enzymen in levensmiddelen | Publicatie | NVWA; Handboek aroma's in levensmiddelen | Publicatie | NVWA; Handboek additieven in levensmiddelen. 

[2] See e.g. Food improvement agents - European Commission.

[3] Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavouring, amended by the Regulation 2019/1381 of the European Parliament and of the Council of 20 June 2019 on the transparency and sustainability of the EU risk assessment in the food chain and amending Regulations (EC) No 178/2002, (EC) No 1829/2003, (EC) No 1831/2003, (EC) No 2065/2003, (EC) No 1935/2004, (EC) No 1331/2008, (EC) No 1107/2009, (EU) 2015/2283 and Directive 2001/18/EC 

[4] Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives; Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97; Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC. 

[5] Warenwetbesluit additieven, aroma’s en enzymen in levensmiddelen.

[6] Nieuwe handboeken voor enzymen en aroma’s, wijziging van handboek additieven | Nieuwsbericht | NVWA.

[7] Guidance NVWA for the classification of food extracts with colouring properties. 

[8] Handboek additieven in levensmiddelen, NVWA (27 November 2024), p. 95.