THE NOVEL, THE FERMENTED, THE UPCYCLED
WHAT LAWS GOVERN THE INNOVATIVE FOOD LANDSCAPE?
The global food industry is constantly evolving. Consumers’ needs, economic competitiveness and sustainability issues are reshaping food systems around the globe. The most promising innovations required by modern food’s VUCA landscape span from novel foods to products derived from fermentation and those obtained from the recovery of food supply chain byproducts.
Regulating these products is crucial to ensure food safety and promote sustainable practices. In this article, we provide a practical overview of the European legislation governing the commercialization of these categories.
Novel Foods
Novel foods are defined as foods that were not significantly consumed in the EU before May 15, 1997. This category includes innovative foods, products developed using new technologies, or those derived from novel sources such as insects or algae.
Novel foods are regulated by Regulation (EU) 2015/2283. This regulation outlines the authorization process and safety assessment for novel foods before they can be marketed in the European Union. Companies must submit an application to the EFSA (European Food Safety Authority), which assesses the product's safety before it can be authorized for the market.
EFSA evaluates several factors, including chemical composition, allergenic potential, and toxicological effects. Only after a positive opinion can the European Commission approve the product for commercialization.
Fermented Foods
Fermentation is an ancient technique that is gaining renewed attention for producing sustainable foods, including many alternative proteins products and meat substitutes. Depending on the product and technology used, some fermented foods may fall under the category of novel foods and thus be subject to the same regulations outlined previously.
For example, the use of cell cultures to produce lab-grown meat or microorganisms to create dairy alternatives often qualifies as novel foods and requires specific authorization. The regulation of these products follows the same authorization process set by Regulation (EU) 2015/2283.
Another regulatory aspect to consider is that if fermentation involves genetically modified microorganisms, the final product must also comply with GMO regulations, such as Regulation (EC) No 1829/2003, which governs the safety and labelling of genetically modified food and feed.
circular foods
The growing focus on the circular economy has driven the development of food products derived from the recovery of waste from agro-industrial chains. These are products obtained from parts of foods that would normally be discarded, such as peels, seeds, or residual pulp, which are transformed for reuse in food or ingredients.
These products do not always fall under the definition of novel foods, but they must still comply with general food safety regulations, including Regulation (EC) No 178/2002, which establishes the general principles of food safety in the EU. This regulation requires that all marketed food products be safe, traceable, and properly labelled.
Additionally, the Directive 2008/98/EC on circular economy and waste management promotes the reuse of food by-products, provided they meet specific safety and quality standards.
