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)Text with EEA relevance

• Coming into Force: 24 November 2021
• Published date: 24 November 2021
• Celex Number: 02008R1334-20211124
• Date: 24 November 2021

02008R1334 — EN — 24.11.2021 — 023.001

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►B 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) (OJ L 354 31.12.2008, p. 34)

Amended by:

		Official Journal
		No	page	date
►M1	REGULATION (EU) No 1169/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011	L 304	18	22.11.2011
►M2	COMMISSION IMPLEMENTING REGULATION (EU) No 872/2012 of 1 October 2012	L 267	1	2.10.2012
►M3	COMMISSION REGULATION (EU) No 545/2013 of 14 June 2013	L 163	15	15.6.2013
►M4	COMMISSION REGULATION (EU) No 985/2013 of 14 October 2013	L 273	18	15.10.2013
►M5	COMMISSION REGULATION (EU) No 246/2014 of 13 March 2014	L 74	58	14.3.2014
►M6	REGULATION (EU) No 251/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014	L 84	14	20.3.2014
►M7	COMMISSION REGULATION (EU) No 1098/2014 of 17 October 2014	L 300	41	18.10.2014
►M8	COMMISSION REGULATION (EU) 2015/648 of 24 April 2015	L 107	15	25.4.2015
►M9	COMMISSION REGULATION (EU) 2015/1102 of 8 July 2015	L 181	54	9.7.2015
►M10	COMMISSION REGULATION (EU) 2015/1760 of 1 October 2015	L 257	27	2.10.2015
M11	COMMISSION REGULATION (EU) 2016/54 of 19 January 2016	L 13	40	20.1.2016
►M12	COMMISSION REGULATION (EU) 2016/55 of 19 January 2016	L 13	43	20.1.2016
►M13	COMMISSION REGULATION (EU) 2016/178 of 10 February 2016	L 35	6	11.2.2016
►M14	COMMISSION REGULATION (EU) 2016/637 of 22 April 2016	L 108	24	23.4.2016
►M15	COMMISSION REGULATION (EU) 2016/692 of 4 May 2016	L 120	7	5.5.2016
►M16	COMMISSION REGULATION (EU) 2016/1244 of 28 July 2016	L 204	7	29.7.2016
►M17	COMMISSION REGULATION (EU) 2017/378 of 3 March 2017	L 58	14	4.3.2017
►M18	COMMISSION REGULATION (EU) 2017/1250 of 11 July 2017	L 179	3	12.7.2017
►M19	COMMISSION REGULATION (EU) 2018/678 of 3 May 2018	L 114	13	4.5.2018
►M20	COMMISSION REGULATION (EU) 2018/1246 of 18 September 2018	L 235	3	19.9.2018
►M21	COMMISSION REGULATION (EU) 2018/1482 of 4 October 2018	L 251	19	5.10.2018
►M22	COMMISSION REGULATION (EU) 2018/1649 of 5 November 2018	L 275	7	6.11.2018
►M23	COMMISSION REGULATION (EU) 2019/36 of 10 January 2019	L 9	85	11.1.2019
►M24	COMMISSION REGULATION (EU) 2019/799 of 17 May 2019	L 132	12	20.5.2019
►M25	COMMISSION REGULATION (EU) 2020/1681 of 12 November 2020	L 379	27	13.11.2020
►M26	COMMISSION REGULATION (EU) 2021/1532 of 17 September 2021	L 330	69	20.9.2021
►M27	COMMISSION REGULATION (EU) 2021/1916 of 3 November 2021	L 389	11	4.11.2021
►M28	COMMISSION REGULATION (EU) 2021/1917 of 3 November 2021	L 389	15	4.11.2021

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▼B

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)

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter

This 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 2

Scope

1.

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 3

Definitions

1.

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...