(a) "flavouring" means flavouring substances, flavouring preparations, process flavourings, smoke flavourings or mixtures thereof; (b) "flavouring substance" means a defined chemical substance with flavouring properties which is obtained: (i) by appropriate physical processes (including distillation and solvent extraction) or enzymatic or microbiological processes from material of vegetable or animal origin either in the raw state or after processing for human consumption by traditional food-preparation processes (including drying, torrefaction and fermentation), (ii) by chemical synthesis or isolated by chemical processes and which is chemically identical to a substance naturally present in material of vegetable or animal origin as described in (i), (iii) by chemical synthesis but which is not chemically identical to a substance naturally present in material of vegetable or animal origin as described in (i);
(c) "flavouring preparation" means a product, other than the substances defined in (b) (i), whether concentrated or not, with flavouring properties, which is obtained by appropriate physical processes (including distillation and solvent extraction) or by enzymatic or microbiological processes from material of vegetable or animal origin, either in the raw state or after processing for human consumption by traditional food-preparation processes (including drying, torrefaction and fermentation); (d) "process flavouring" means a product which is obtained according to good manufacturing practices by heating to a temperature not exceeding 180 °C for a period not exceeding 15 minutes a mixture of ingredients, not necessarily themselves having flavouring properties, of which at least one contains nitrogen (amino) and another is a reducing sugar; (e) "smoke flavouring" means a smoke extract used in traditional foodstuffs smoking processes.
Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production
Modified by
- Commission Directiveof 16 January 1991completing Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production(91/71/EEC), 31991L0071, February 15, 1991
- Regulation (EC) No 1882/2003 of the European Parliament and of the Councilof 29 September 2003adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty, 32003R1882, October 31, 2003
- Regulation (EC) No 1334/2008 of the European Parliament and of the Councilof 16 December 2008on 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(Text with EEA relevance), 32008R1334, December 31, 2008
Corrected by
- Corrigendum to Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production, 31988L0388R(01), December 14, 1988
edible substances and products intended to be consumed as such, with or without reconstitution, substances which have exclusively a sweet, sour or salt taste, material of vegetable or animal origin, having inherent flavouring properties, where they are not used as flavouring sources.
(a) flavourings do not contain any element or substance in a toxicologically dangerous quantity; subject to any exceptions provided for in the specific criteria of purity referred to in Article 6 (2), third indent, they do not contain more than 3 mg/kg of arsenic, 10 mg/kg of lead, 1 mg/kg of cadmium and 1 mg/kg of mercury;
(b) the use of flavourings does not result in the presence in foodstuffs as consumed of undesirable substances listed in Annex I in quantities greater than those specified therein; (c) the use of flavourings and of other food ingredients with flavouring properties does not result in the presence of substances listed in Annex II in quantities greater than those specified therein.
1. Appropriate provisions concerning: flavouring sources composed of foodstuffs, and of herbs and spices normally considered as foods, flavouring sources composed of vegetable or animal raw materials not normally considered as foods, flavouring substances obtained by appropriate physical processes or by enzymatic or microbiological processes from vegetable or animal raw materials, chemically synthesized or chemically isolated flavouring substances chemically identical to flavouring substances naturally present in foodstuffs or in herbs and spices normally considered as foods, chemically synthesized or chemically isolated flavouring substances chemically identical to flavouring substances naturally present in vegetable or animal raw materials not normally considered as foods, chemically synthesized or chemically isolated flavouring substances other than those referred to in the fourth and fifth indents, source materials used for the production of smoke flavourings or process flavourings, and the reaction conditions under which they are prepared;
2. Any special provisions which may be necessary, for the protection of public health or trade, concerning: the use and methods of production of flavourings, including physical processes or enzymatic or microbiological processes for the production of flavouring preparations and flavouring substances as referred to in Article 1 (2) (b) (i) and (c), the conditions for the use of the substances and materials referred to in Article 6 (1);
3. Amendments concerning the maximum limits laid down in the Annexes.
1. the list of substances or materials authorized in the Community as: additives necessary for the storage and use of flavourings, products used for dissolving and diluting flavourings, additives necessary for the production of flavourings (processing aids) where such additives are not covered by other Community provisions;
2. where necessary: the methods of analysis needed to verify compliance with the levels referred to in Article 4, the procedure for taking samples and the methods for qualitative and, where appropriate, quantitative analysis of flavourings in or on foodstuffs, the specific criteria of purity for given flavourings;
3. the microbiological criteria applicable to flavourings, the designation criteria given to the more specific names referred to in Article 9 (1) (b);
4. the appropriate steps, to be taken by 1 July 1990 to supplement this Directive with labelling rules for flavourings intended for sale to the final consumer.
that the presence of one of the substances listed in the Annexes to this Directive or the maximum levels stipulated, while complying with the provisions of this Directive, or that the use of a flavouring, while complying with the relevant Directive or with this Directive, or that the presence of a substance similar to those referred to in the Annexes
(a) the name or business name and address of the manufacturer or packer, or of a seller established within the Community; (b) the sales description: either the word "flavouring" or a more specific name or description of the flavouring. Member States may maintain for a period of three years following the adoption of this Directive, more specific names to designate flavourings composed of mixtures of flavouring preparations and flavouring substances. Before this period expires, it shall be decided according to the procedure provided for in Article 10 whether or not these names shall be included in this Directive; (c) either the statement "for foodstuffs" or a more specific reference to the foodstuff for which the flavouring is intended; (d) a list in descending order of weight of the categories of flavouring substances and flavouring preparations present classified as follows: natural flavouring substances in the case of flavouring substances defined in Article 1 (2) (b) (i), flavouring substances identical to natural substances in the case of flavouring substances defined in Article 1 (2) (b) (ii), artificial flavouring substances in the case of flavouring substances defined in Article 1 (2) (b) (iii), flavouring preparations in the case of preparations defined in Article 1 (2) (c), process flavourings in the case of flavourings defined in Article 1 (2) (d), smoke flavourings in the case of flavourings defined in Article 1 (2) (e);
(e) in the case of a mixture of flavourings with other substances or materials referred to in the first and second indents of Article 6 (1), a list in descending order of weight in the mixture of: the categories of flavourings classified as in (d) of this paragraph, the names of each of the other substances or materials or, where appropriate, their "EEC" numbers;
(f) an indication of the maximum quantity of each component or group of components subject to quantitative limitation in a foodstuff or appropriate information enabling the purchaser to comply with the Community provisions or, where there are none, national provisions applying to that foodstuff; (g) an indication identifying the consignment; (h) the nominal quantity expressed in units of mass or volume.
(a) either the word "flavouring" or a more specific name or description of the flavouring; (b) either the words "for foodstuffs" or a more specific reference to the foodstuff for which the flavouring is intended; (c) the date of minimum durability in conformity with Article 3 (1) No 4 and Article 9 of Council Directive 79/112/EEC OJ No L 33, 8.2.1979, p. 1 .(d) where necessary, the special conditions for storage and use; (e) the instructions for use if omission thereof would prevent appropriate use of the flavouring; (f) the net quantity expressed in units of mass or volume; (g) the name or business name and address of the manufacturer or packer, or of a seller established within the Community; (h) an indication or mark identifying the batch in conformity with Council Directive 89/396/EEC OJ No L 186, 30.6.1989, p. 21 .(i) in the case of a mixture of flavouring(s) with other substances a list in descending order of weight in the mixture of: the flavouring or flavourings in question, in conformity with (a) above; the names of each of the other substances or materials or, where appropriate, their E numbers.
authorize, two years after adoption of this Directive, the marketing and use of flavourings complying with this Directive, prohibit, three years after adoption of this Directive, the marketing and use of flavourings which do not comply with this Directive.
| Substance | Foodstuffs | Beverages |
|---|---|---|
| 3,4 benzopyrene | 0,03 μg/kg | 0,03 μg/kg |
| Substances | Foodstuffs mg/kg | Beverages mg/kg | Exceptions and/or special restrictions |
|---|---|---|---|
| Agaric acid | 100 mg/kg in alcoholic beverages and foodstuffs containing mushrooms | ||
| Aloin | 50 mg/kg in alcoholic beverages | ||
| Beta asarone | 1 mg/kg in alcoholic beverages and seasonings used in snack foods | ||
| Berberine | 10 mg/kg in alcoholic beverages | ||
| Coumarin | |||
| Hydrocyanic acid | |||
| Hypericine | |||
| Pulegone | |||
| Quassine | 10 mg/kg in confectionery in pastille form 50 mg/kg in alcoholic beverages | ||
| Safrole and isosafrole | |||
| Santonin | 1 mg/kg in alcoholic beverages with more than 25% volume of alcohol | ||
| Thuyone (alpha and beta) |