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The text removes smoke flavouring primary products from the Union list of authorized smoke flavouring primary products.
The European Food Safety Authority (EFSA), on 28 September 2023, adopted its scientific opinions on the safety of the smoke flavouring primary products SF-001, SF-002, SF-003, SF-004, SF-005, SF-006, SF-008 and SF-009. In its scientific opinions, the Authority concluded that a potential safety concern for genotoxicity for all the eight smoke flavouring primary products cannot be ruled out. For the smoke flavouring primary products SF-007 and SF-010 no application for the renewal of the authorization was submitted and the authorization expired on 1 January 2024.
The use of smoke flavourings in or on foods should only be authorised if it is sufficiently demonstrated that it does not present risks to human health. Therefore, based on the scientific opinions of the Authority, the renewal of the authorization of smoke flavouring primary products SF-001, SF-002, SF-003, SF-004, SF-005, SF-006, SF-008 and SF-009 is refused.
Since none of the ten products listed in the Union list of smoke flavouring primary products are authorized anymore, it is appropriate to remove the relevant references from the Annex of Commission Implementing Regulation (EU) No 1321/2013 and to adopt suitable transitional measures for the foods containing them.
In order to allow for a smooth transition, the text lays down that foods containing smoke flavouring primary products SF-001, SF-002, SF-003, SF-004, SF-005, SF-006, SF-008 or SF-009 that comply with the provisions laid down for those smoke flavouring primary products in the Union list before the date of entry into force of the draft Regulation may continue to be placed on the market and remain on the market until their date of minimum durability or use by date if they are placed on the market until (i) 1 July 2029 for food categories 1.7 (cheese and cheese products), 8 (meat), 9.2 (processed fish and fishery products including crustaceans and molluscs), 9.3 (fish roe) and their corresponding subcategories and (ii) 1 July 2026 for all other food categories.
This notification includes, for information, eight Commission Implementing Decisions, addressed to the respective authorization holders, refusing the renewal of the authorizations for the smoke flavouring primary products for which the renewal of the authorization was requested
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