Commission Regulation (EU) 2023/1428 of 7 July 2023 amending the Annex to Regulation (EU) No 231/2012 as regards mono- and diglycerides of fatty acids (E 471) (Text with EEA relevance)

The Annex to Regulation (EU) No 231/2012 is amended in accordance with the Annex to this Regulation.

The food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market before 30 July 2023 and that does not comply with the maximum limits for arsenic, lead, mercury, cadmium, 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters (expressed as 3-MCPD), or erucic acid applicable from 30 July 2023 may be added to food in accordance with Annexes II and III to Regulation (EC) No 1333/2008 and Regulation (EU) 2023/915 until 30 January 2024. The food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market before 30 July 2023 and that does not comply with the maximum limits for glycidyl fatty acids esters (expressed as glycidol) applicable from 30 July 2023 may be added to food, except for foods for infants and young children, in accordance with Annexes II and III to Regulation (EC) No 1333/2008 and Regulation (EU) 2023/915 until 30 January 2024. Foods containing the food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market before 30 July 2023 and that does not comply with the maximum limits for arsenic, lead, mercury, cadmium, 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters (expressed as 3-MCPD) or erucic acid applicable from 30 July 2023 may continue to be placed on the market until 30 January 2024 and may continue to be marketed until their date of minimum durability or ‘use-by date’. Foods, except foods for infants and young children, containing the food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market before 30 July 2023 and that does not comply with the maximum limits for glycidyl fatty acids esters (expressed as glycidol) applicable from 30 July 2023 may continue to be placed on the market until 30 January 2024 and may continue to be marketed until their date of minimum durability or ‘use-by date’. Foods for infants and young children lawfully placed on the market before 30 July 2023 and containing the food additive mono- and diglycerides of fatty acids (E 471) that does not comply with the maximum limits glycidyl fatty acids esters (expressed as glycidol) applicable from 30 July 2023 may continue to be marketed until their date of minimum durability or ‘use-by date’. The food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market after 30 July 2023 and up to 30 January 2024 and that does not comply with the maximum limits for glycidyl fatty acids esters (expressed as glycidol) applicable from 30 January 2024 may be added to food, except foods for infants and young children, in accordance with Annexes II and III to Regulation (EC) No 1333/2008 until the exhaustion of stocks. Foods, except food for infants and young children, containing the food additive mono- and diglycerides of fatty acids (E 471) that has been lawfully placed on the market after 30 July 2023 and up to 30 January 2024 and that does not comply with the maximum limits for glycidyl fatty acids esters (expressed as glycidol) applicable from 30 January 2024 may continue to be placed on the market and may continue to be marketed until their date of minimum durability or ‘use by date’.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.