Insects as ‘novel foods’ (2)

Subject: Insects as ‘novel foods’ (2)

Based on Regulation (EU) 2015/2283 of 25 November 2015 on novel foods, the Commission has adopted a number of implementing regulations in recent years authorising insects as food, including, most recently, Implementing Regulation (EU) 2023/5 of 3 January 2023 authorising the placing on the market of house cricket powder as a novel food.

When it comes to the rearing of insects for human consumption, however, the EU has no rules governing hygiene conditions, the use of antibiotics and biocide disinfectants, and residues or thresholds for pathogens and contaminants posing a health hazard.

Knowing that the consumption of insects can be dangerous in view of bacterial and chemical contamination, which can be made worse depending on hygiene conditions during rearing, and also given that no legal regulations exist and so the authorities have no powers to perform checks, can the Commission answer the following:

1. In the absence of a data and legal basis as described above, how will it ensure that the insects marketed in the EU are suitable for human consumption?

2. If it is of the opinion that this is the responsibility of the Member States, should this not then also be the case for the approval of insects, so as to prevent any legal loopholes that could jeopardise consumer safety?

Submitted: 23.2.2023

Answer given by Ms Kyriakides on behalf of the European Commission

(11 April 2023)

Regulation (EC) 178/2002 (1) establishes that food shall not be placed on the EU market if it is unsafe. Furthermore, insects as foods fall within the scope of the Novel Food Regulation (2), which requires a comprehensive range of safety data, to be assessed by the European Food Safety Authority prior to the authorisation of a novel food.

Insect producers, as food business operators, must comply with the same safety requirements and Good Hygiene Practices as for any other food or feeds, including in particular Regulation (EC) 852/2004 (3) on the hygiene of foodstuffs.

If imported, authorised insect products intended for human consumption shall enter the EU only from a third country or region listed in Commission Implementing Regulation (EU) 2021/405 (4).

Only novel foods authorised and included in the EU list of novel foods (5) may be placed on the market within the Union as such, or used in or on foods, in accordance with the conditions of use and the labelling requirements specified therein. The Member States have the main responsibility for the complete and correct application and implementation of EU legislation.

This is fully compatible with the fact that the rules governing the authorisation of novel foods (including insects) are harmonised in EU legislation, which allows all EU citizens to benefit from a very high level of food safety and a good functioning of the internal market, and minimises the risk of legal gaps.

1 ∙ ⸱ Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law,

establishing the European Food Safety Authority and laying down procedures in matters of food safety. OJ L 31 du 1.2.2002, p. 1. 2 ∙ ⸱ Article 9(3) of Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU)

No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001. OJ L 327, 11.12.2015, p. 1.

3 ∙ ⸱ Regulation (EC) No 852/2004 of the European parliament and of the council of 29 April 2004 on the hygiene of foodstuffs. OJ L 139 30.4.2004, p. 1.

4 ∙ ⸱ Commission Implementing Regulation (EU) 2021/405 of 24 March 2021 laying down the lists of third countries or regions thereof authorised for the entry into the

Union of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council. OJ L 114 31.3.2021, p. 118.

5 ∙ ⸱ Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU)

2015/2283 of the European Parliament and of the Council on novel foods. OJ L OJ L 351, 30.12.2017, p. 72.