European Union Comments CODEX COMMITTEE ON FOOD ADDITIVES Forty-fourth Session Hangzhou, China, March 2012 AGENDA ITEM 5 (c)

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1 European Union CODEX COMMITTEE ON FOOD ADDITIVES Forty-fourth Session Hangzhou, China, March 2012 AGENDA ITEM 5 (c) Draft and proposed draft food additive provisions (Provisions in Table 1 and 2 of Table 3 food additives with acidity regulators and emulsifier, stabiliser and thickener function) (CODEX DOCUMENTS REP11/FA Appendix X, CX/FA 12/44/9, CX/FA 12/44/9-Add. 1) European Union Competence. European Union Vote. The European Union (EU) would like to thank the United States of America for chairing the electronic Working Group and developing the discussion paper. EU comments on REP11/FA Appendix X INS 170(i) Calcium carbonate is used not only as acidity regulator but also as surface colourant. The EU suggests that the proposed provisions for calcium carbonate are associated with the note For use as an acidity regulator only in order to distinguish between these different uses. INS 421 Mannitol as a polyol does not fit to the other additives listed in REP11/FA Appendix X and shall not be discussed. EU comments on CX/FA 12/44/9 The EU strongly recommends that for wine categories (i.e , , and ) OIV (International Organisation of Vine and Wine) is used as a reference and the provisions are set up in line with the OIV provisions. Annex 1 acidity regulators General comments The provisions for which the CX/FA 12/44/9-Add. 1 suggests that it is not justified (recommendation 2) shall be deleted from CX/FA 12/44/9. It concerns the provisions in the following categories: 02.1 (covering , ), , 06.1, 06.2 and 09.1 (covering also ).

2 The provisions for which the CX/FA 12/44/9-Add. 1 suggests that pwg will further discuss if the use is justified shall be deleted from CX/FA 12/44/9 unless a justification is presented before or during CCFA. It concerns the provisions in the following categories: 1.1.1, 1.2.1, 1.2.2, 4.2.1, 10.1, and It seems that the following additives: INS 578 CALCIUM GLUCONATE, INS 526 CALCIUM HYDROXIDE, INS 170(i) CALCIUM CARBONATE, INS 327 CALCIUM LACTATE associated with the note 58 (as calcium) in the vegetables (categories , , , ) are used as firming agents rather than as acidity regulators, therefore, these draft provisions shall be disregarded. The use of INS 170(i) CALCIUM CARBONATE associated with note 4 (for decoration, stamping, marking or branding the product) is clearly a food colour use, therefore, shall be disregarded. It concerns the following categories: , , , , , , 10.1 Specific comments 08.1 and the EU opposes. No food additives should be permitted in fresh meat or fish INS 504(i) Magnesium carbonate (adopted in 2006) is used as an anti-caking agent. Therefore, it should not be used as a reference for the authorisation of acidity regulators in this food category INS 170(i) Calcium carbonate and INS 504(i) Magnesium carbonate are used in salt as anti-caking agents, therefore these provisions shall be disregarded Additive INS Step EU COMMENTS Max Level ASCORBIC ACID, L mg/kg EU supports CALCIUM CARBONATE 170(i) 7 EU supports CALCIUM MALATE, D,L- 352(ii) 7 GMP 3500 mg/kg CITRIC ACID mg/kg FUMARIC ACID mg/kg LACTIC ACID, L-, D- and DL mg/kg MALIC ACID, DL mg/kg POTASSIUM CARBONATE 501(i) mg/kg POTASSIUM HYDROGEN 501(ii) 7 CARBONATE (= potassium bicarbonate) 5000 mg/kg EU opposes. This food additive shall be avoided as it increases the instability of the wine, it is better to use an acid to acidify instead of a salt. EU would support at MPL of 1000mg/l in the final product EU oppose - may affect the flavour of wine EU supports EU supports EU opposes it increases the instability of the wine (it is better to use an acid to acidify instead of a salt) EU supports 2

3 Annex 2 emulsifiers, stabilizers and thickeners General comments The provisions for which the CX/FA 12/44/9-Add. 1 suggests that it is not justified (recommendation 2) shall be deleted from CX/FA 12/44/9. It concerns the provisions in the following categories: , , , , (covering also ), , 06.1, and 09.1 The provisions for which the CX/FA 12/44/9-Add. 1 suggests that pwg will further discuss if the use is justified shall be deleted from CX/FA 12/44/9 unless a justification is presented before or during CCFA. It concerns the provisions in the following categories: 10.1, 11.2, 11.3 and The use of INS 170(i) CALCIUM CARBONATE associated with note 4 (for decoration, stamping, marking or branding the product) is clearly a food colour use, therefore, shall be disregarded. It concerns the following categories: , , , , , and 10.1 Specific comments for INS 440 PECTINS the EU suggest ML at mg/kg or GMP (justification: according to the Codex Standards CODEX STAN and CODEX STAN pectins are currently authorized at GMP level for these commodities. The EU industry indicated that a ML of mg/kg would be necessary to cover the current applications and the EU opposes the proposed substances used as glazing agents INS 170(i) Calcium carbonate and INS 470(i) Salts of myristic, palmitic and stearic acids with ammonia, calcium, potassium and sodium (adopted provision in GSFA) are used in salt as anti-caking agents, therefore, shall not be regarded as a justification to use emulsifiers, stabilisers and thickeners in this category Additive INS Step Max Level CALCIUM CARBONATE 170(i) 7 EU COMMENTS 3500 mg/kg CAROB BEAN GUM GMP EU does not support GELLAN GUM GMP EU does not support GUAR GUM GMP EU does not support EU opposes Calcium carbonate is used only for deacidification GUM ARABIC mg/kg EU supports (ACACIA GUM) GUM ARABIC GMP EU would support at 300 mg/kg (ACACIA GUM) KARAYA GUM GMP EU does not support KONJAC FLOUR EU does not support GMP MONO- & DI-GLYCERIDES mg/kg OF FATTY ACIDS EU does not support this additive is used as an antifoaming agent not as E, S or T PECTINS GMP EU does not support POTASSIUM CARBONATE 501(i) 7 EU opposes - authorisation shall be avoided as it 5000 mg/kg increases the instability of the wine POTASSIUM HYDROGEN 501(ii) 7 EU opposes - it is used only for deacidification 3

4 5000 mg/kg CARBONATE TARA GUM GMP EU does not support TRAGACANTH GUM GMP EU does not support XANTHAN GUM EU does not support GMP EU proposes the following additional provision: CARBOXYMETHYLCELLULOSE INS 466 Authorised in OIV as stabiliser 100 mg/l (cellulose Gums) Additive INS Step EU COMMENTS Max Level CALCIUM ALGINATE GMP EU opposes used as clarifying agent (processing aid) POTASSIUM ALGINATE EU opposes used as clarifying agent (processing aid) GMP Additive INS Step Max Level CALCIUM SULFATE mg/kg EU COMMENTS EU supports 4

5 EU comments on CX/FA 12/44/9-Add. 1 General comments The EU believes that there shall be a small number of categories where permission to use additives should continue to be from consideration of individual cases - e.g. unprocessed foodstuffs (milk plain ), 13.1 infant formulae and follow-on formulae; grape wines. The EU would like to ask for a clarification whether an agreement to a horizontal approach in a particular food category would mean that all Table 3 of the functional class in question will be listed in Tables 1 and 2 for that food category. Or will just the individual provision listed in the Annexes to CX/FA 12/44/9 be permitted? The EU takes note that the recommendations presented in the paper do not necessarily reflect a unanimous opinion of the ewg members (para 5). Therefore, the EU would welcome more detailed information on technological and regulatory justification. The EU takes note that the document CX/FA 12/44/9-add 1 contains some food groups which are not contained in CX/FA 12/44/9. It is no use to further discuss honey, for example. When no provisions are pending, no discussion is needed on the technological need for acidity regulators. This is the case also for , and The same applies for emulsifiers, stabilizers and thickeners for the food groups, , , , 11.5, ANNEX 1 - ACIDITY REGULATORS Recommendation 1 The ewg recommends that use of acidity regulators in the following food categories in the Annex to Table 3 of the GSFA is technologically justified Milk (plain) Buttermilk (plain) Fermented milks (plain), heat-treated after fermentation Based on technological justification, with new Note "For use in UHT goat s milk only." EU: The note is not reflected in CX/FA 12/44/9. EU supports use of with INS 331 sodium citrates at mg/kg with the note as proposed and phosphoric acid phosphates di, tri and polyphosphates at 450 mg/kg as phosphorus. Based on technological justification, with new Note: "For use in heat-treated buttermilk, only." EU: Ammonium phosphate is permitted as acidity regulator in Canada in buttermilk at a level up to 0.01% - no other examples were given, however, many provisions are proposed in CX/FA 12/44/9. The note "For use in heat-treated buttermilk, only." is not reflected in CX/FA 12/44/9. For consistency with CODEX STAN (EU: only tartrates 2000 mg/kg and adipates 1500 mg/kg are permitted in the standard i.e. these are not Table 3 FA), and technological

6 Recommendation 1 The ewg recommends that use of acidity regulators in the following food categories in the Annex to Table 3 of the GSFA is technologically justified Pasteurized cream (plain) Sterilized and UHT creams, whipping or whipped creams, and reduced fat creams (plain) Whey protein cheese justification EU: the EU supports. Note: only citrates, lactates and gluconates were mentioned in ewg document. For consistency with CODEX STAN (lactates, citrates carbonates at GMP), and technological justification EU: the technological need is questioned. For consistency with CODEX STAN (lactates, citrates carbonates at GMP) For consistency with CODEX STAN (reference to GSFA and 1.6.3) EU would support acetic, lactic and citric acid Dried whey and whey products, excluding whey cheese For consistency with CODEX STAN (reference to GSFA 1.8.2) Butter oil, anhydrous milkfat, ghee For consistency with CODEX STAN (reference to GSFA 2.1.1) Butter Peeled or cut fresh fruit Untreated fresh vegetables, (including mushrooms and fungi, roots and tubers, pulses and legumes (including soybeans), and aloe vera), seaweeds and nuts and seeds Peeled, cut or shredded fresh vegetables, (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera), seaweeds and nuts and seeds For consistency with CODEX STAN (reference to GSFA 2.2.1) EU supports only sodium carbonates at GMP only in soured cream butter Based on technological justification EU: the technological need is questioned. The justification was provided by one ewg member stating that acidity regulators in peeled or cut fresh fruit help regulate the browning reaction. The regulation of browning reaction is related to antioxidants (e.g. ascorbic acid, citric acid). For edible fungi and fungi products, for consistency with CODEX STAN EU: shall be limited to CODEX STAN (only acetic, lactic, citric and ascorbic acid); note not reflected in CX/FA 12/44/9; No authorisation in EU. In conflict with several CSs (CODEX STAN 040R-1981; ; ; ; ; ; ; ; ; ; ; ; ; ; ; 304R-2011 and ) Based on technological and regulatory justification EU: the technological need is questioned. As the justification preventing from the browning reaction was mentioned, however, this effect is associated with antioxidants. 6

7 Recommendation 1 The ewg recommends that use of acidity regulators in the following food categories in the Annex to Table 3 of the GSFA is technologically justified Frozen vegetables (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera), seaweeds, and nuts and seeds Fermented vegetable (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera), and seaweed products, excluding fermented soybean products of food categories , , , and Fresh pastas and noodles and like products Dried pastas and noodles and like product For edible fungi and fungi products, for consistency with CODEX STAN , quick frozen peas for consistency with CODEX STAN , frozen broccoli for consistency with CODEX STAN , quick frozen cauliflower for consistency with CODEX STAN , quick frozen spinach for consistency with CODEX STAN , quick frozen brussel sprouts for consistency with CODEX STAN , quick frozen green beans and waxed beans for consistency with CODEX STAN ,, quick frozen French fried potatoes for consistency with CODEX STAN , quick frozen whole kernel corn for consistency with CODEX STAN , quick frozen corn on the cob for consistency with CODEX STAN , quick frozen carrots for consistency with CODEX STAN , quick frozen leek for consistency with CODEX STAN EU: generally the use is not technologically justified - in conflict with CODEX STAN ; CODEX STAN ; CODEX STAN ; CODEX STAN ; CODEX STAN ; CODEX STAN ; CODEX STAN ; CODEX STAN ; CODEX STAN ; CODEX STAN ; CODEX STAN and CODEX STAN In CODEX STAN (only acetic, lactic, citric and ascorbic acid) For consistency with CODEX STAN , , , 294R-2009, EU: the EU supports. However, the draft provisions on INS 578, 526, 170(i) and 327 shall be disregarded are used as firming agents Based on technological and regulatory justifications EU supports Lactic acid, Ascorbic acid, Citric acid Based on technological and regulatory justifications EU: the EU opposes. The EU could support only with the restriction to gluten free and/or pasta intended for hypoproteic diets Based on technological justification 8.1 Fresh meat, poultry, and game EU: no technological need in fresh meat - the EU opposes Fresh fish Based on technological justification 7

8 Recommendation 1 The ewg recommends that use of acidity regulators in the following food categories in the Annex to Table 3 of the GSFA is technologically justified. 9.2 Processed fish and fish products, including molluscs, crustaceans and echinoderms Liquid egg products Frozen egg products 11.4 Other sugars and syrups (e.g., xylose, maple syrup, sugar toppings) EU: the technological need is questioned the EU opposes Based on technological justification EU: permission at this level of FCS is not appropriate; In conflict with CODEX STAN FOR QUICK FROZEN FINFISH, CODEX STAN FOR QUICK FROZEN LOBSTERS, CODEX STAN FOR QUICK FROZEN FISH FILLETS, CODEX STAN FOR QUICK FROZEN RAW SQUID and CODEX STAN FOR LIVE AND RAW BIVALVE MOLLUSCS (all falling under FC no AC there); In conflict with CODEX STAN FOR SALTED FISH AND DRIED SALTED FISH OF THE GADIDAE FAMILY OF FISHES, CODEX STAN FOR DRIED SHARK FINS, CODEX- STAN FOR CRACKERS FROM MARINE AND FRESHWATER FISH, CRUSTACEAN AND MOLLUSCAN SHELLFISH, CODEX STAN FOR BOILED DRIED SALTED ANCHOVIES (all falling under FC 9.2.5); Partially in conflict with CODEX STAN FOR QUICK FROZEN BLOCKS OF FISH FILLET, MINCED FISH FLESH AND MIXTURES OF FILLETS AND MINCED FISH FLESH in which acidity regulators are permitted only in Minced Fish Flesh (only Citric acid, Sodium citrate, Potassium citrate); Partially in conflict with CODEX STAN FOR QUICK FROZEN FISH STICKS (FISH FINGERS), FISH PORTIONS AND FISH FILLETS - BREADED OR IN BATTER in which acidity regulators are permitted only in Minced Fish Flesh (only Citric acid, Sodium citrate, Potassium citrate) In CODEX STAN FOR QUICK FROZEN SHRIMPS OR PRAWNS only citric acid and di- tri- phosphates permitted; in CODEX STAN FOR SALTED ATLANTIC HERRING AND SALTED SPRAT only Ascorbic acid and Citric acid permitted Based on technological and regulatory justifications EU supports Based on technological and regulatory justifications EU supports Based on technological and regulatory justifications 8

9 Recommendation 1 The ewg recommends that use of acidity regulators in the following food categories in the Annex to Table 3 of the GSFA is technologically justified Salt For consistency with CODEX STAN , and based on technological justification EU: does not support the use of acidity regulators in CODEX STAN refers to GSFA There are no acidity regulators in this category (calcium and magnesium carbonates are used as anti-caking agents) Salt substitutes Based on technological and regulatory justifications Infant formulae, follow-up formulae, and formulae for special medical purposes for infants 13.2 Complementary foods for infants and young children Table waters and soda waters Fruit and vegetable juices Fruit and vegetable nectars Based on technological and regulatory justifications EU: The EU opposes to use the horizontal approach in this sensitive food category. Food additive provisions shall be considered on a case-by-case basis Based on relevant CODEX STAN , , and based on technological and regulatory justifications EU: The EU opposes to use the horizontal approach in this sensitive food category. Food additive provisions shall be considered on a case-by-case basis Based on technological and regulatory justifications EU: the technological need is questioned In conflict with CODEX STAN FOR BOTTLED/PACKAGED DRINKING WATERS (reference to GSFA is used) Based on technological justification The EU opposes to use the horizontal approach in this FC EU would support only in vegetable juices. In fruit juices on case-by-case basis see note below. Note: The ad hoc Codex Intergovernmental Task Force when establishing CX Stan has restricted acidity regulators to those acids that are natural components of fruits, i.e. citric, malic and tartaric (with certain restrictions). Therefore, the EU opposes the introduction of the functional class Acidity Regulators instead of the actual individual acids in the GSFA. It applies to FC and Based on technological justification The EU opposes to use the horizontal approach in this FC 9

10 Recommendation 1 The ewg recommends that use of acidity regulators in the following food categories in the Annex to Table 3 of the GSFA is technologically justified Grape wines Coffee, coffee substitutes, tea, herbal infusions, and other hot cereal beverages, excluding cocoa EU would support only in vegetable nectars. In fruit nectars on case-by-case basis (see note below). Note: The ad hoc Codex Intergovernmental Task Force when establishing CX Stan has restricted acidity regulators to those acids that are natural components of fruits, i.e. citric, malic and tartaric (with certain restrictions). Therefore, the EU opposes the introduction of the functional class Acidity Regulators instead of the actual individual acids in the GSFA. It applies to FC and Based on technological and regulatory justifications EU: No technological justification in coffee, and unflavoured leaf tea. Permissions shall be limited to instant and powder forms. Based on technological and regulatory justifications The EU opposes to use the horizontal approach in this food category. Reference to OIV shall be considered. Recommendation 2 The ewg recommends that use of acidity regulators in the following food categories in the Annex to Table 3 of the GSFA is not technologically justified Fermented milks (plain), not heat-treated after fermentation For consistency with CODEX STAN and based on technological justification Whey Cheese For consistency with CODEX STAN Fats and oils, essentially free from water For consistency with CODEX STAN EU: provisions shall be deleted from CX/FA 12/44/9 (it covers also and ) Fresh Fruit EU: provisions shall be deleted from this category in CX/FA 12/44/9 Untreated fresh vegetables, (including mushrooms and fungi, For consistency with CODEX STAN , , , , , roots and tubers, pulses and legumes (including soybeans), and aloe vera), seaweeds and nuts and seeds 1981, , , , , , , for fresh vegetables except edible fungi and fungi products 6.1 Whole, broken or flaked grain, including rice For consistency with CODEX STAN , , , , ,

11 Recommendation 2 The ewg recommends that use of acidity regulators in the following food categories in the Annex to Table 3 of the GSFA is not technologically justified. 1995, EU: provisions shall be deleted from CX/FA 12/44/9 6.2 Flours and starches (including soybean powder) EU: provisions shall be deleted from CX/FA 12/44/9 9.1 Fresh fish and fish products, including molluscs, crustaceans and echinoderms EU: provisions shall be deleted from CX/FA 12/44/9 (covering also ) The use of INS 170(i) associated with note 4 in is a food colour use and shall be disregarded Recommendation 3 The ewg recommends that pwg further discuss if the use of acidity regulators in the following food categories in the Annex to Table 3 is technologically justified Milk and buttermilk (plain) (EXCLUDING HEAT- TREATED BUTTERMILK) Fermented milks (plain) Renneted milk (plain) Untreated fresh fruit Fresh vegetables (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera), seaweeds, and nuts and seeds EU: if no justification is provided the provisions shall be deleted from CX/FA 12/44/9 EU: if no justification is provided the provisions shall be deleted from CX/FA 12/44/9 Not justified in this FC in conflict with CODEX STAN FOR FERMENTED MILKS i.e. not justified in (non-heat treated), justified in (heat-treated) see Recommendation 1 EU: if no justification is provided the provisions shall be deleted from CX/FA 12/44/9 for non-standardized untreated fresh fruits EU: in conflict with several standards e.g. CODEX STAN , CODEX STAN , CODEX STAN etc. EU: the FC is in Recommendation 2 as not technologically justified due to the conflict with several standards 11

12 Recommendation 3 The ewg recommends that pwg further discuss if the use of acidity regulators in the following food categories in the Annex to Table 3 is technologically justified Fresh eggs 11.1 Refined and raw sugars White sugar, dextrose anhydrous, dextrose monohydrate, fructose Powdered sugar, powdered dextrose Soft white sugar, soft brown sugar, glucose syrup, dried glucose syrup, raw cane sugar If no justification is provided the provisions shall be deleted from CX/FA 12/44/9 (covering also the draft provisions on INS 578, 526, 170(i) and 327 shall be disregarded are used as firming agents; EU: the use of INS 170(i) associated with note 4 is a food colour use and shall be disregarded) EU: if no justification is provided the provisions shall be deleted from CX/FA 12/44/9 The use of INS 170(i) associated with note 4 is a food colour use and shall be disregarded EU: technological need questioned in conflict with CODEX STAN FOR SUGARS covering FC EU: technological need questioned only Magnesium carbonate INS 504(i) permitted in GSFA which is used as an anti-caking agent. If no justification is provided the provisions shall be deleted from CX/FA 12/44/ Dried glucose syrup used to manufacture sugar confectionery Glucose syrup used to manufacture sugar confectionery Lactose Plantation or mill white sugar Brown sugar, excluding products of food category (soft white sugar, soft brown sugar, glucose syrup, dried glucose syrup, raw cane sugar) Sugar solutions and syrups, also (partially) inverted, including treacle and molasses, excluding products of food category EU: technological need questioned 12

13 Recommendation 3 The ewg recommends that pwg further discuss if the use of acidity regulators in the following food categories in the Annex to Table 3 is technologically justified (soft white sugar, soft brown sugar, glucose syrup, dried glucose syrup, raw cane sugar) EU: technological need questioned 11.5 Honey 12.1 Salt and salt substitutes Herbs and spices (ONLY HERBS) Waters Natural mineral waters and source waters EU: no technological need - additives shall not be permitted in honey; in conflict with CODEX STAN FOR HONEY; (no provisions proposed in CX/FA 12/44/9) EU: does not support the use of acidity regulators in CODEX STAN refers to GSFA There are no acidity regulators in this category (calcium and magnesium carbonates are used as anti-caking agents). EU: if no justification is provided the provisions shall be deleted from CX/FA 12/44/9 EU: the technological need is questioned In conflict with CODEX STAN (falling under ) FOR BOTTLED/PACKAGED DRINKING WATERS (reference to GSFA is used) EU: no technological need; in conflict with CODEX STAN FOR NATURAL MINERAL WATERS; (no provisions proposed in CX/FA 12/44/9) 13

14 ANNEX 2 - EMULSIFIERS, STABILIZERS, THICKENERS Recommendation 1 The ewg recommends that use of emulsifiers, stabilizers, thickeners in the following food categories in the Annex to Table 3 is technologically justified Milk and buttermilk (plain) (EXCLUDING HEAT- TREATED BUTTERMILK) Fermented and renneted milk products (plain) excluding food category (dairy based drinks) Pasteurized cream (plain) Sterilized and UHT creams, whipping or whipped creams, and reduced fat creams (plain) Dried whey and whey products, excluding whey cheese Based on technological justification, with a new Note: "For use in certain recombined, reconstituted or UHT heat-treated milks, from certain species only, e.g. goat s milk." EU: The note is not reflected in CX/FA 12/44/9. Codex Standard Fermented Milks plain has permissions for Thickeners (for both nonheat treated AND heat-treated), and Stabilizers (for both non-heat treated AND heat-treated), For fermented milk non-heat treated ONLY, however, use is restricted to reconstitution and recombination and if permitted by national legislation in the country of sale to the final consumer EU the restriction - note is not reflected in CX/FA 12/44/9. Based on CODEX STAN , and technological and regulatory justifications EU supports INS 401, 402, 407, 466 and 471 Based on CODEX STAN , and technological and regulatory justifications EU supports Based on CODEX STAN EU: in CODEX STAN reference to FC is used 2.1 Fats and oils, essentially free from water Based on technological justification with a new Note: For use as emulsifier only EU: The note is not reflected in CX/FA 12/44/9. No technological need in fats and oils free from water. This proposal is in conflict with category (recommendation 2 not technologically justified) due to GSFA hierarchical structure. No permission in EU. In conflict with CODEX STAN FOR EDIBLE FATS AND OILS NOT COVERED BY INDIVIDUAL STANDARDS (FC 2.1); CODEX STAN FOR MILKFAT PRODUCTS (FC 2.1.1); CODEX STAN FOR OLIVE OILS AND OLIVE POMACE OILS; CODEX STAN FOR NAMED VEGETABLE OILS (both FC 2.1.2); CODEX STAN FOR NAMED ANIMAL FATS (FC 2.1.3) Surface-treated fresh fruit Based on technological justification with new Note: "For use as an emulsifier only." 14

15 Recommendation 1 The ewg recommends that use of emulsifiers, stabilizers, thickeners in the following food categories in the Annex to Table 3 is technologically justified Peeled or cut fresh fruit Peeled, cut or shredded fresh vegetables, (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera), seaweeds and nuts and seeds Fermented vegetable (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera), and seaweed products, excluding fermented soybean products of food categories , , , and Flours and starches (including soybean powder) Fresh pastas and noodles and like products EU: The note is not reflected in CX/FA 12/44/9. In conflict with CODEX STAN FOR DATES The use of INS 170(i) associated with note 4 is a food colour use and shall be disregarded Based on technological justification with Add new Note: "For use as a stabilizer only." EU: The note is not reflected in CX/FA 12/44/9. The technological need is questioned. Based on technological justification with new Note: "For use as a stabilizer only." EU: The note is not reflected in CX/FA 12/44/9. The technological need is questioned. The draft provisions on INS 578, 526, 170(i) and 327 shall be disregarded used as firming agents Based on CODEX STAN , 294R-2009, and technological justification EU: the EU supports Based on technological justification with new Note: For use in soy flour only. EU: The note is not reflected in CX/FA 12/44/9. The technological need is questioned. Provisions shall be deleted from CX/FA 12/44/9 including category This proposal is in conflict with category (recommendation 2 not technologically justified) due to GSFA hierarchical structure. In conflict with CODEX STAN FOR WHEAT FLOUR; CODEX STAN FOR WHOLE MAIZE (CORN) MEAL; CODEX STAN FOR DEGERMED MAIZE (CORN) MEAL AND MAIZE (CORN) GRITS; CODEX STAN FOR PEARL MILLET FLOUR; CODEX STAN FOR SORGHUM FLOUR; CODEX STAN FOR EDIBLE CASSAVA FLOUR; CODEX STAN FOR DURUM WHEAT SEMOLINA AND DURUM WHEAT FLOUR and CODEX STAN 301R-2011 FOR EDIBLE SAGO FLOUR (all falling under FC 6.2.1) Based on technological and regulatory justifications EU: only lecithins and Mono- and di- glycerides of fatty acids Dried pastas and noodles and like product Based on technological and regulatory justifications 15

16 Recommendation 1 The ewg recommends that use of emulsifiers, stabilizers, thickeners in the following food categories in the Annex to Table 3 is technologically justified. 8.1 Fresh meat, poultry, and game, whole pieces or cuts Fresh molluscs, crustaceans, and echinoderms Processed fish and fish products, including molluscs, crustaceans and echinoderms EU: the technological need is questioned Based on technological justification for thickeners and stabilizers EU: the EU believes that there is a mistake. The title of category 08.1 is "Fresh meat, poultry, and game". Since the category is listed in Recommendation 2, this entry shall be deleted. no technological need in fresh meat - the EU opposes Note: the use of INS 170(i) associated with note 4 in is a food colour use and shall be disregarded Based on technological justification. Texturizing agent is a functionality of thickeners. Add new Note: "For use as a texturing agent only." EU: The note is not reflected in CX/FA 12/44/9. The technological need questioned. In conflict with CODEX STAN FOR LIVE AND RAW BIVALVE MOLLUSCS no additives permitted; Based on technical justification. Texturizing agent is a functionality of thickeners. Add new Note: "For use as a texturing agent only." EU: The note is not reflected in CX/FA 12/44/9. The technological need is questioned. In conflict CODEX STAN FOR QUICK FROZEN FINFISH; CODEX STAN FOR QUICK FROZEN SHRIMPS OR PRAWNS; CODEX STAN FOR QUICK FROZEN LOBSTERS; CODEX STAN FOR SALTED FISH AND DRIED SALTED FISH OF THE GADIDAE FAMILY OF FISHES; CODEX STAN FOR DRIED SHARK FINS; CODEX STAN FOR QUICK FROZEN FISH FILLETS, CODEX STAN FOR QUICK FROZEN RAW SQUID; CODEX- STAN FOR CRACKERS FROM MARINE AND FRESHWATER FISH, CRUSTACEAN AND MOLLUSCAN SHELLFISH; CODEX STAN FOR BOILED DRIED SALTED ANCHOVIES; CODEX STAN FOR SALTED ATLANTIC HERRING AND SALTED SPRAT; CODEX STAN FOR LIVE AND RAW BIVALVE MOLLUSCS In CODEX STAN only T only in Minced Fish Flesh; in CODEX STAN only T for Minced Fish Flesh Only and T and E for Breaded or Batter Coatings Liquid egg products Based on technological and regulatory justifications for stabilizers and emulsifiers 16

17 Recommendation 1 The ewg recommends that use of emulsifiers, stabilizers, thickeners in the following food categories in the Annex to Table 3 is technologically justified Frozen egg products Salt Other sugars and syrups (e.g., xylose, maple syrup, sugar toppings) Herbs and spices (ONLY HERBS) 13.1 Infant formulae, follow-up formulae, and formulae for special medical purposes for infants 13.2 Complementary foods for infants and young children Fruit and vegetable juices Fruit nectar EU supports Based on technological and regulatory justifications for emulsifiers and stabilizers EU supports Based on regulatory justification for use as a stabilizer and emulsifier To be consistent with CODEX STAN EU: the technological need is questioned. CODEX STAN refers to FC Based on regulatory justification with new Note: "Use in dry products, only." EU: The note is not reflected in CX/FA 12/44/9. Based on technological justification EU: The EU opposes to use the horizontal approach in this sensitive food category. Food additive provisions shall be considered on a case-by-case basis Based on CODEX STAN , and technological and regulatory justification EU: The EU opposes to use the horizontal approach in this sensitive food category. Food additive provisions shall be considered on a case-by-case basis Based on technological justification for stabilizers and thickeners EU does not support in this broad category (e.g. in FC only pectins are permitted) Note: The ad hoc Codex Intergovernmental Task Force when establishing CX Stan has restricted stabilisers/ thickeners to those acids that are natural components of fruits, namely pectins. Therefore, the EU opposes the introduction of the functional class Thickeners, Emulsifiers or Stabilizers instead of the actual individual stabiliser pectins in the GSFA. It applies to FC and Based on CODEX STAN , and technological justification for stabilizers and thickeners EU: the technological need is questioned. CODEX STAN refers to FC only pectins are permitted Note: The ad hoc Codex Intergovernmental Task Force when establishing CX Stan

18 Recommendation 1 The ewg recommends that use of emulsifiers, stabilizers, thickeners in the following food categories in the Annex to Table 3 is technologically justified. has restricted stabilisers/ thickeners to those acids that are natural components of fruits, namely pectins. Therefore, the EU opposes the introduction of the functional class Thickeners, Emulsifiers or Stabilizers instead of the actual individual stabiliser pectins in the GSFA Vegetable nectar Based on regulatory and technological justifications Concentrates for fruit nectar Based on CODEX STAN , and regulatory and technological justifications EU: the technological need is questioned. CODEX STAN refers to FC only pectins are permitted Note: The ad hoc Codex Intergovernmental Task Force when establishing CX Stan has restricted stabilisers/ thickeners to those acids that are natural components of fruits, namely pectins. Therefore, the EU opposes the introduction of the functional class Thickeners, Emulsifiers or Stabilizers instead of the actual individual stabiliser pectins in the GSFA Concentrates for vegetable nectar Based on regulatory and technological justifications Grape wines Coffee, coffee substitutes, tea, herbal infusions, and other hot cereal beverages, excluding cocoa Based on regulatory and technological justification for emulsifiers and stabilizers. Add new Note: "Excluding unflavored leaf tea." EU: The note is not reflected in CX/FA 12/44/9. No technological justification in coffee, and unflavoured leaf tea. Based on regulatory and technological justifications The EU opposes to use the horizontal approach in this sensitive food category. Reference to OIV shall be considered. Recommendation 2 The ewg recommends that use of emulsifiers, stabilizers, thickeners in the following food categories in the Annex to Table 3 is not technologically justified Fermented milks (plain) To avoid conflict with CODEX STAN for plain fermented milks (heat treated a nonheat treated) EU: provisions shall be deleted from CX/FA 12/44/9 (covering also and ) 18

19 Recommendation 2 The ewg recommends that use of emulsifiers, stabilizers, thickeners in the following food categories in the Annex to Table 3 is not technologically justified Whey Cheese Whey protein cheese Butter oil, anhydrous milkfat, ghee Vegetable oils and fats Lard, tallow, fish oil, and other animal fats Butter The use of emulsifiers, stabilizers, thickener is not permitted in CODEX STAN for whey cheeses. The use of emulsifiers, stabilizers, thickener is not permitted in CODEX STAN for whey cheeses. For consistency with CODEX STAN EU: provisions shall be deleted from CX/FA 12/44/9. No authorisation in EU EU: not technologically justified fat emulsions are covered by category 2.2 In conflict with CODEX STAN FOR OLIVE OILS AND OLIVE POMACE OILS; CODEX STAN FOR NAMED VEGETABLE OILS (both FC 2.1.2) EU: not technologically justified fat emulsions are covered by category 2.2 In conflict with CODEX STAN FOR NAMED ANIMAL FATS (FC 2.1.3) There is a one-to-one correspondence between CODEX STAN and this food category. The food additive provisions between these two standards have already been aligned. These food additives are not permitted in the commodity standard. EU: provisions shall be deleted from CX/FA 12/44/ Fresh Fruit EU: provisions shall be deleted from CX/FA 12/44/ Fresh vegetables (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera), seaweeds, and nuts and seeds Frozen vegetables (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera), seaweeds, and nuts and seeds 6.1 Whole, broken or flaked grain, including rice EU: provisions shall be deleted from CX/FA 12/44/9 (covering also ) Based on technological need for stabilizers. EU: provisions shall be deleted from CX/FA 12/44/9 EU: The draft provisions on INS 578, 526, 170(i) and 327 shall be disregarded are used as firming agents In conflict with several CODEX STAN EU: provisions shall be deleted from CX/FA 12/44/9 In conflict with several CODEX STAN 19

20 Recommendation 2 The ewg recommends that use of emulsifiers, stabilizers, thickeners in the following food categories in the Annex to Table 3 is not technologically justified Starches Note: in conflict with category 6.2 Recommendation Fresh meat, poultry and game, whole pieces or cuts Fresh fish and fish products, including molluscs, crustaceans and echinoderms White sugar, dextrose anhydrous, dextrose monohydrate, fructose Powdered sugar, powdered dextrose Table waters and soda waters Based on regulatory and technical justifications. Water retention agent is not a functionality of stabilizer, thickeners or emulsifiers. EU: provisions shall be deleted from CX/FA 12/44/9 Based on regulatory and technical justifications. Water retention agent is not a functionality of stabilizer, thickeners or emulsifiers. EU: provisions shall be deleted from CX/FA 12/44/9 (including 9.1.1) EU: technological need questioned CODEX STAN does not provide for any use of stabilizers, thickeners or emulsifiers CODEX STAN does not provide for any use of stabilizers, thickeners or emulsifiers. EU: technological need questioned Based on lack of any regulatory or technological justification, and the absence of any provision for stabilizers, thickeners or emulsifiers in CODEX STAN Recommendation 3 The ewg recommends that pwg further discuss if the use of emulsifiers, stabilizers, thickeners in the following food categories in the Annex to Table 3 is technologically justified Fresh eggs Soft white sugar, soft brown sugar, glucose syrup, dried glucose syrup, raw cane sugar Dried glucose syrup used to manufacture sugar confectionery EU: if no justification is provided the provisions shall be deleted from CX/FA 12/44/9 EU: in conflict with CODEX STAN FOR SUGARS; technological need questioned EU: technological need questioned 20

21 Recommendation 3 The ewg recommends that pwg further discuss if the use of emulsifiers, stabilizers, thickeners in the following food categories in the Annex to Table 3 is technologically justified Glucose syrup used to manufacture sugar confectionery Lactose Plantation or mill white sugar Honey Brown sugar, excluding products of food category (soft white sugar, soft brown sugar, glucose syrup, dried glucose syrup, raw cane sugar) Sugar solutions and syrups, also (partially) inverted, including treacle and molasses, excluding products of food category (soft white sugar, soft brown sugar, glucose syrup, dried glucose syrup, raw cane sugar) EU: technological need questioned 12.1 Salt and salt substitutes Salt substitutes Waters Natural mineral waters and source waters EU: in conflict with CODEX STAN FOR SUGARS; technological need questioned EU: in conflict with CODEX STAN FOR SUGARS; technological need questioned EU: technological need is questioned. If no justification is provided the provisions shall be deleted from CX/FA 12/44/9 EU: technological need is questioned. If no justification is provided the provisions shall be deleted from CX/FA 12/44/9 EU: no technological need - additives shall not be permitted in honey; in conflict with CODEX STAN FOR HONEY EU: if no justification is provided the provisions shall be deleted from CX/FA 12/44/9 EU: no technological need; in conflict with CODEX STAN FOR NATURAL MINERAL WATERS 21