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 (Text with EEA relevance)
Modified by
  • Commission Implementing Regulation (EU) No 872/2012of 1 October 2012adopting the list of flavouring substances provided for by Regulation (EC) No 2232/96 of the European Parliament and of the Council, introducing it in Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 1565/2000 and Commission Decision 1999/217/EC(Text with EEA relevance), 32012R0872, October 2, 2012
  • Commission Regulation (EU) No 545/2013of 14 June 2013amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards the flavouring substance 3-acetyl-2,5-dimethylthiophene(Text with EEA relevance), 32013R0545, June 15, 2013
  • Commission Regulation (EU) No 985/2013of 14 October 2013amending and correcting Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards certain flavouring substances(Text with EEA relevance), 32013R0985, October 15, 2013
  • Commission Regulation (EU) No 246/2014of 13 March 2014amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of certain flavouring substances(Text with EEA relevance), 32014R0246, March 14, 2014
  • Commission Regulation (EU) No 1098/2014of 17 October 2014amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards certain flavouring substances(Text with EEA relevance), 32014R1098, October 18, 2014
  • Commission Regulation (EU) 2015/648of 24 April 2015amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of the flavouring substance of N-Ethyl (2E,6Z)-nonadienamide(Text with EEA relevance), 32015R0648, April 25, 2015
  • Commission Regulation (EU) 2015/1102of 8 July 2015amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of certain flavouring substances(Text with EEA relevance), 32015R1102, July 9, 2015
  • Commission Regulation (EU) 2015/1760of 1 October 2015amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of the flavouring substance p-mentha-1,8-dien-7-al(Text with EEA relevance), 32015R1760, October 2, 2015
  • Commission Regulation (EU) 2016/54of 19 January 2016amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards inclusion of gamma-glutamyl-valyl-glycine in the Union list of flavouring substances(Text with EEA relevance), 32016R0054, January 20, 2016
  • Commission Regulation (EU) 2016/55of 19 January 2016amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards certain flavouring substances(Text with EEA relevance), 32016R0055, January 20, 2016
  • Commission Regulation (EU) 2016/178of 10 February 2016amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of certain flavouring substances(Text with EEA relevance), 32016R0178, February 11, 2016
  • Commission Regulation (EU) 2016/637of 22 April 2016amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of certain flavouring substances(Text with EEA relevance), 32016R0637, April 23, 2016
  • Commission Regulation (EU) 2016/692of 4 May 2016amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards certain flavouring substances(Text with EEA relevance), 32016R0692, May 5, 2016
  • Commission Regulation (EU) 2016/1244of 28 July 2016amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards certain flavouring substances from a group related with an alpha beta unsaturation structure(Text with EEA relevance), 32016R1244, July 29, 2016
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) CHAPTER ISUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1Subject matterThis Regulation lays down rules on flavourings and food ingredients with flavouring properties for use in and on foods with a view to ensuring the effective functioning of the internal market whilst ensuring a high level of protection of human health and a high level of consumer protection, including the protection of consumer interests and fair practices in food trade, taking into account, where appropriate, the protection of the environment.For those purposes, this Regulation provides for:(a)a Community list of flavourings and source materials approved for use in and on foods, set out in Annex I (hereinafter referred to as the "Community list");(b)conditions of use of flavourings and food ingredients with flavouring properties in and on foods;(c)rules on the labelling of flavourings.
Article 2Scope1.This Regulation shall apply to:(a)flavourings which are used or intended to be used in or on foods, without prejudice to more specific provisions laid down in Regulation (EC) No 2065/2003;(b)food ingredients with flavouring properties;(c)food containing flavourings and/or food ingredients with flavouring properties;(d)source materials for flavourings and/or source materials for food ingredients with flavouring properties.2.This Regulation shall not apply to:(a)substances which have exclusively a sweet, sour or salty taste;(b)raw foods;(c)non-compound foods and mixtures such as, but not exclusively, fresh, dried or frozen spices and/or herbs, mixtures of tea and mixtures for infusion as such as long as they have not been used as food ingredients.
Article 3Definitions1.For the purposes of this Regulation, the definitions laid down in Regulations (EC) No 178/2002 and (EC) No 1829/2003 shall apply.2.For the purposes of this Regulation, the following definitions shall also apply:(a)"flavourings" shall mean products:(i)not intended to be consumed as such, which are added to food in order to impart or modify odour and/or taste;(ii)made or consisting of the following categories: flavouring substances, flavouring preparations, thermal process flavourings, smoke flavourings, flavour precursors or other flavourings or mixtures thereof;(b)"flavouring substance" shall mean a defined chemical substance with flavouring properties;(c)"natural flavouring substance" shall mean a flavouring substance obtained by appropriate physical, enzymatic or microbiological processes from material of vegetable, animal or microbiological origin either in the raw state or after processing for human consumption by one or more of the traditional food preparation processes listed in Annex II. Natural flavouring substances correspond to substances that are naturally present and have been identified in nature;(d)"flavouring preparation" shall mean a product, other than a flavouring substance, obtained from:(i)food by appropriate physical, enzymatic or microbiological processes either in the raw state of the material or after processing for human consumption by one or more of the traditional food preparation processes listed in Annex II;and/or(ii)material of vegetable, animal or microbiological origin, other than food, by appropriate physical, enzymatic or microbiological processes, the material being taken as such or prepared by one or more of the traditional food preparation processes listed in Annex II;(e)"thermal process flavouring" shall mean a product obtained after heat treatment from a mixture of ingredients not necessarily having flavouring properties themselves, of which at least one contains nitrogen (amino) and another is a reducing sugar; the ingredients for the production of thermal process flavourings may be:(i)food;and/or(ii)source material other than food;(f)"smoke flavouring" shall mean a product obtained by fractionation and purification of a condensed smoke yielding primary smoke condensates, primary tar fractions and/or derived smoke flavourings as defined in points (1), (2) and (4) of Article 3 of Regulation (EC) No 2065/2003;(g)"flavour precursor" shall mean a product, not necessarily having flavouring properties itself, intentionally added to food for the sole purpose of producing flavour by breaking down or reacting with other components during food processing; it may be obtained from:(i)food;and/or(ii)source material other than food;(h)"other flavouring" shall mean a flavouring added or intended to be added to food in order to impart odour and/or taste and which does not fall under definitions (b) to (g);(i)"food ingredient with flavouring properties" shall mean a food ingredient other than flavourings which may be added to food for the main purpose of adding flavour to it or modifying its flavour and which contributes significantly to the presence in food of certain naturally occurring undesirable substances;(j)"source material" shall mean material of vegetable, animal, microbiological or mineral origin from which flavourings or food ingredients with flavouring properties are produced; it may be:(i)food;or(ii)source material other than food;(k)"appropriate physical process" shall mean a physical process which does not intentionally modify the chemical nature of the components of the flavouring, without prejudice to the listing of traditional food preparation processes in Annex II, and does not involve, inter alia, the use of singlet oxygen, ozone, inorganic catalysts, metal catalysts, organometallic reagents and/or UV radiation.3.For the purpose of the definitions listed in paragraph 2(d), (e), (g) and (j), source materials for which hitherto there is significant evidence of use for the production of flavourings shall be considered as food for the purpose of this Regulation.4.Flavourings may contain food additives as permitted by Regulation (EC) No 1333/2008 and/or other food ingredients incorporated for technological purposes.

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