Allergen labelling of certain emulsifiers from mustard seed
Published by AGRINFO on ; Revised
EU proposes to remove allergen labelling for emulsifiers E 470a, E 471, and E 477 from mustard seeds
Draft Commission Delegated Regulation amending Annex II to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as regards behenic acid from mustard seeds to be used in the manufacturing of certain emulsifiers
Update
Foods from mustard seeds sold in the EU must be labelled for allergens. The European Commission has informed the World Trade Organization Technical Barriers to Trade (WTO TBT) Committee that it intends to introduce an exception for emulsifiers E 470a, E 471, and E 477 produced from behenic acid derived from mustard seed (G/TBT/N/EU/1046). Foods containing these emulsifiers will not require allergen labelling as they do not trigger an allergic reaction.
Impacted Products
Mustard seeds, food
What is changing?
Mustard (and its derived products) is considered by the EU as an allergen (Annex II of Regulation 1169/2011) and therefore requires allergen labelling. The Commission proposes to introduce an exception for the following mustard seed product:
behenic acid from mustard seed with a minimum of 85% of purity and obtained after two distillation steps used in the manufacturing of the emulsifiers E 470a, E 471, and E 477.
Why?
The European Food Safety Authority (EFSA) evaluated the risk of allergies associated with E 470a (sodium, potassium, and calcium salts of fatty acids), E 471 (mono- and diglycerides of fatty acids), and E 477 (propane-1,2-diol esters of fatty acids). It concluded that it is extremely unlikely that consumption of these emulsifiers would trigger an allergic reaction in mustard‐allergic individuals under the proposed conditions of use (EFSA 2023).
Timeline
Proposed date of application: 1 April 2025.
Food placed on the market or labelled before 1 April 2025 with allergen labelling included for E 470a, E 471, and E 477 can be sold until the stocks are exhausted.
What are the major implications for exporting countries?
Exporters of food products containing the emulsifiers E 470a, E 471, and E 477 no longer need to label products for mustard seed allergies.
Recommended Actions
Exporters of food products containing the emulsifiers E 470a, E 471, and E 477 (but no other mustard seed products) should amend labelling to remove reference to mustard seed allergies.
Suppliers of products affected should review their current use of isopyrazam and look for possible alternative solutions in anticipation of these MRL changes.
Background
Annex II to Regulation 1169/2011 includes the EU list of food allergens. To ensure better information for consumers, and to take account of the most recent scientific knowledge, Art. 21(2) of this Regulation requires the Commission to systemically re-examine and, where necessary, to add or remove substances.
Resources
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers.
EFSA (2023) Re‐evaluation of behenic acid from mustard seeds to be used in the manufacturing of certain emulsifiers pursuant to Article 21(2) of Regulation (EU) No 1169/2011 – for permanent exemption from labelling. EFSA Journal, 21(9): e08240.
Sources
Draft Commission Delegated Regulation on the provision of food information to consumers, as regards behenic acid from mustard seeds to be used in the manufacturing of certain emulsifiers