Commission Regulation (EU) 2023/2108 of 6 October 2023 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards food additives nitrites (E 249-250) and nitrates (E 251-252)

Annex II to Regulation (EC) No 1333/2008 is amended in accordance with Annex I to this Regulation.

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

1 Foods not complying with the provisions laid down in Annex I applicable from the respective date indicated therein that have been lawfully placed on the market before the respective date of application may continue to be marketed until their date of minimum durability or ‘use-by’ date.

2 The food additives potassium nitrite (E 249) and/or sodium nitrite (E 250) and/or sodium nitrate (E 251) and/or potassium nitrate (E 252) that have been lawfully placed on the market before 29 October 2023 and that do not comply with the maximum limits for lead, mercury and arsenic laid down in Annex II applicable from 29 October 2023 may be added to food in accordance with Annexes II and III to Regulation (EC) No 1333/2008 until 29 April 2024.

3 Foods containing the food additives potassium nitrite (E 249) and/or sodium nitrite (E 250) and/or sodium nitrate (E 251) and/or potassium nitrate (E 252) that have been lawfully placed on the market before 29 October 2023 and that do not comply with the maximum limits for lead, mercury and arsenic laid down in Annex II applicable from 29 October 2023 may continue to be placed on the market until 29 April 2024 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.