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Commission Implementing Decision of 22 November 2012 authorising the placing on the market of dihydrocapsiate as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document C(2012) 8391) (Only the English text is authentic) (2012/726/EU)

EU Decision 2012/726 · Adopted 22 November 2012 · Extends to United Kingdom

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Commission Implementing Decision

of 22 November 2012

authorising the placing on the market of dihydrocapsiate as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council

(notified under document C(2012) 8391)

(Only the English text is authentic)

(2012/726/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredientsf1, and in particular Article 7 thereof,

Whereas:

(1)

On 6 August 2010 the company Ajinomoto Co. Inc., Japan made a request to the competent authorities of the United Kingdom to place dihydrocapsiate on the market as novel food ingredient.

(2)

On 10 March 2011 the competent food assessment body of the United Kingdom issued its initial assessment report. In this report it came to the conclusion that dihydrocapsiate will not present a health risk to consumers.

(3)

The Commission forwarded the initial assessment report to all Member States on 13 April 2011.

(4)

Within the 60 day period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections were raised in accordance with that provision.

(5)

Therefore the European Food Safety Authority (EFSA) was consulted on 9 November 2011.

(6)

On 28 June 2012 in their ‘Scientific opinion on dihydrocapsiate’f2 EFSA came to the conclusion that dihydrocapsiate is safe under the proposed uses and use levels.

(7)

Dihydrocapsiate complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Annotations to the whole text

Footnotes

f1

OJ L 43, 14.2.1997, p. 1.

f2

EFSA Journal 2012; 10(7):2812.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Annex I: SPECIFICATIONS OF DIHYDROCAPSIATE
  6. Definition
  7. Annex IIAnnex II

1

Dihydrocapsiate as specified in the Annex I may be placed on the market as a novel food ingredient for the uses defined and at the maximum levels established in Annex II, and without prejudice to the provisions of Regulation (EC) No 1925/2006 of the European Parliament and of the Councilf1, Directive 2009/39/EC of the European Parliament and of the Councilf2 and Directive 2009/54/EC of the European Parliament and of the Councilf3.

2

The designation of dihydrocapsiate authorised by this Decision on the labelling of the foodstuffs containing it shall be ‘Dihydrocapsiate’.

3

This Decision is addressed to Ajinomoto Co. Inc., 15-1, Kyobashi, Chuo-ku, 1-choume, 104-8315, Tokyo, Japan.

Signature

Done at Brussels, 22 November 2012.

For the Commission

Maroš Šefčovič

Vice-President

Definition

Dihydrocapsiate is synthesised by enzyme-catalysed esterification of vanillyl alcohol and 8-methylnonanoic acid. Following the esterification dihydrocapsiate is extracted with n-hexane.

The enzyme Lipozyme 435 was approved by the Danish Veterinary and Food Administration.

Description
  • Viscous colourless to yellow liquid

  • Chemical formula
  • C18H28O4

  • Structural formula
  • CAS No
  • 205687-03-2

    Physical-chemical properties of dihydrocapsiate

    Dihydrocapsiatemore than 94 %
    8-Methylnonanoic acidless than 6 %
    Vanillyl acoholless than 1 %
    Synthesis related substancesless than 2 %
  • Annex II

    USES OF DIHYDROCAPSIATE

    Food categoryMaximum use levels
    Cereal bars9 mg/100 g
    Biscuits, cookies and crackers9 mg/100 g
    Rice based snacks12 mg/100 g
    Carbonated drinks, dilutable drinks, fruit juice based drinks1,5 mg/100 ml
    Vegetable drinks2 mg/100 ml
    Coffee based drinks, tea based drinks1,5 mg/100 ml
    Flavoured water — still1 mg/100 ml
    Precooked oatmeal cereal2,5 mg/100 g
    Other cereals4,5 mg/100 g
    Ice cream, dairy desserts4 mg/100 g
    Pudding mixes (ready to eat)2 mg/100 g
    Products based on yoghurt2 mg/100 g
    Chocolate confectionery7,5 mg/100 g
    Hard candy27 mg/100 g
    Sugar-free gum115 mg/100 g
    Whitener/creamer40 mg/100 g
    Sweeteners200 mg/100 g
    Soup (ready to eat)1,1 mg/100 g
    Salad dressing16 mg/100 g
    Vegetable protein5 mg/100 g

    Ready to eat meals

    Replacement meals

    3 mg/meal
    Meal replacement drinks1 mg/100 ml