Over the course of 2021, the EU authorized a number of edible insects as Novel Foods. What is the post-Brexit situation in the UK?
About a year ago, we reported to our readers the news of the first favorable EFSA Opinion on the authorization of an insect species (as novel food) in human nutrition. A few months later, the European Commission officially approved its use, under certain conditions, by publishing the Regulation (EU) 2021/882. If in the past such a decision would have had direct repercussions on the United Kingdom, the Brexit-induced split has prevented this from being the case. So, what is the current regulatory situation for edible insects in the UK? This article will provide you with the answers you are looking for:
What is the impact of Brexit on Novel Foods in the UK?
As explained in a previous article, at the time of Brexit domestic and EU laws were both in force in the United Kingdom. Since it would have been impossible to simply erase all the rules of European origin, the only practicable choice was to integrate applicable EU law to the domestic legislation (under the name of “retained law”), making it independent. References to European institutions were switched to British bodies. Starting from December 31st, 2020 (the Implementation Period (IP) completion day, the end of the separation and transition process) the EU and the UK have undertaken on this basis parallel but potentially divergent paths.
In this optic Regulation (EU) 2015/2283 on novel foods, according to which insects fall well within the definition of this type of food, has been retained by the United Kingdom and is therefore applicable within the country.
However, the first authorizations for edible insects as novel foods occurred in the EU in 2021, after the IP completion day. Therefore, they had no impact on British regulation.
This situation has led to an impasse in the United Kingdom: insects are considered novel food, but no authorization has been granted to them; therefore, their launch on the British market shouldn’t be allowed. However, some edible insects or edible insect-based ingredients could already be found on the market, partly due to the transition period explained in our previous article on edible insects.
What prospects for edible insects in the United Kingdom?
The solution to get edible insects authorized in the UK is to follow the regulatory pathway provided by the retained Regulation 2015/2283, i.e. to submit a safety evaluation request dossier to the relevant competent authority (the Food Standards Agency, FSA); then, a specific advisory committee will perform the necessary risk assessment, and on the basis of its considerations the FSA will counsel the ministers, that will issue a (positive or negative) regulatory decision.
Regarding edible insects, at present we could say that the process is following, with a few months of “delay”, what happened in the EU.
A UK association of companies involved in the domain of edible insects, the Woven Network, working with some of their European counterparts such as the Belgian Insect Industry Federation, submitted to the FSA a request for the evaluation of the use of house crickets (Acheta domesticus) in December 2021. The FSA hasn’t issued an opinion yet. It is worth reminding that the first favorable EFSA opinion on this species was published in July 2021.
As a next step, the Woven Network is working on a dossier on preparations of mealworms (Tenebrio molitor), which is expected to be available from July 2022, and plans to work on additional species thereafter.
What can be done while waiting for the formal authorizations?
As mentioned above, a sort of limbo situation has developed awaiting the first authorizations issued through the formal procedures. According to the Woven Network, neither the FSA nor the local authorities (responsible for the enforcement of the law) have taken measures to insist on the non-compliance of foods based on edible insects: by choosing not to request the withdrawal of such products from the market, they put in place a kind of tacit tolerance. The possibility of official transitional measures being put in place is not ruled out. Besides, it is also not certain that the UK will not decide to completely reconsider its novel food regulation in the coming years, moving further away from the European Union.
To conclude, the UK regulatory situation of edible insects is still developing, and much can still happen. We will keep you updated!
Orchidali helps you following international regulations on novel foods.
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Focus on the blurry regulatory situation of edible insects in the UK
Over the course of 2021, the EU authorized a number of edible insects as Novel Foods. What is the post-Brexit situation in the UK?
About a year ago, we reported to our readers the news of the first favorable EFSA Opinion on the authorization of an insect species (as novel food) in human nutrition. A few months later, the European Commission officially approved its use, under certain conditions, by publishing the Regulation (EU) 2021/882. If in the past such a decision would have had direct repercussions on the United Kingdom, the Brexit-induced split has prevented this from being the case. So, what is the current regulatory situation for edible insects in the UK? This article will provide you with the answers you are looking for:
What is the impact of Brexit on Novel Foods in the UK?
As explained in a previous article, at the time of Brexit domestic and EU laws were both in force in the United Kingdom. Since it would have been impossible to simply erase all the rules of European origin, the only practicable choice was to integrate applicable EU law to the domestic legislation (under the name of “retained law”), making it independent. References to European institutions were switched to British bodies. Starting from December 31st, 2020 (the Implementation Period (IP) completion day, the end of the separation and transition process) the EU and the UK have undertaken on this basis parallel but potentially divergent paths.
In this optic Regulation (EU) 2015/2283 on novel foods, according to which insects fall well within the definition of this type of food, has been retained by the United Kingdom and is therefore applicable within the country.
However, the first authorizations for edible insects as novel foods occurred in the EU in 2021, after the IP completion day. Therefore, they had no impact on British regulation.
This situation has led to an impasse in the United Kingdom: insects are considered novel food, but no authorization has been granted to them; therefore, their launch on the British market shouldn’t be allowed. However, some edible insects or edible insect-based ingredients could already be found on the market, partly due to the transition period explained in our previous article on edible insects.
What prospects for edible insects in the United Kingdom?
The solution to get edible insects authorized in the UK is to follow the regulatory pathway provided by the retained Regulation 2015/2283, i.e. to submit a safety evaluation request dossier to the relevant competent authority (the Food Standards Agency, FSA); then, a specific advisory committee will perform the necessary risk assessment, and on the basis of its considerations the FSA will counsel the ministers, that will issue a (positive or negative) regulatory decision.
Regarding edible insects, at present we could say that the process is following, with a few months of “delay”, what happened in the EU.
A UK association of companies involved in the domain of edible insects, the Woven Network, working with some of their European counterparts such as the Belgian Insect Industry Federation, submitted to the FSA a request for the evaluation of the use of house crickets (Acheta domesticus) in December 2021. The FSA hasn’t issued an opinion yet. It is worth reminding that the first favorable EFSA opinion on this species was published in July 2021.
As a next step, the Woven Network is working on a dossier on preparations of mealworms (Tenebrio molitor), which is expected to be available from July 2022, and plans to work on additional species thereafter.
What can be done while waiting for the formal authorizations?
As mentioned above, a sort of limbo situation has developed awaiting the first authorizations issued through the formal procedures. According to the Woven Network, neither the FSA nor the local authorities (responsible for the enforcement of the law) have taken measures to insist on the non-compliance of foods based on edible insects: by choosing not to request the withdrawal of such products from the market, they put in place a kind of tacit tolerance. The possibility of official transitional measures being put in place is not ruled out. Besides, it is also not certain that the UK will not decide to completely reconsider its novel food regulation in the coming years, moving further away from the European Union.
To conclude, the UK regulatory situation of edible insects is still developing, and much can still happen. We will keep you updated!
Orchidali helps you following international regulations on novel foods.
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