Commission Implementing Regulation (EU) 2020/1163 of 6 August 2020 authorising the placing on the market of vitamin D2 mushroom powder as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (Text with EEA relevance)

Type Implementing Regulation
Publication 2020-08-07
State In force
Text As published
Department European Commission, SANTE
Source EUR-Lex
articles 4

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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7.8.2020 EN Official Journal of the European Union L 258/1

THE EUROPEAN COMMISSION,

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

Having regard to 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 1, and in particular Article 12 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.

Vitamin D2 mushroom powder as specified in the Annex to this Regulation shall be included in the Union list of authorised novel foods established by Implementing Regulation (EU) 2017/2470.

2.

For a period of five years from the date of entry into force of this Regulation only the applicant:

is authorised to place on the market within the Union the novel food referred to in paragraph 1, unless a subsequent applicant obtains authorisation for that novel food without reference to the data protected pursuant to Article 2 or with the agreement of Oakshire Naturals, LP.

3.

The entry in the Union list referred to in paragraph 1 shall include the conditions of use and labelling requirements laid down in the Annex to this Regulation.

Article 2

The studies and reports contained in the applicant’s file on the basis of which the novel food referred to in Article 1 has been assessed by the Authority, claimed by the applicant as fulfilling the requirements laid down in Article 26(2) of Regulation (EU) 2015/2283, shall not be used for the benefit of a subsequent applicant for a period of five years from the date of entry into force of this Regulation without the agreement of Oakshire Naturals, LP.

Article 3

The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.

Article 4

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 August 2020.

For the Commission

The President

Ursula VON DER LEYEN

2

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 351, 30.12.2017, p. 72).

3

Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35).

4

Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).

5

Oakshire Naturals 2017 (unpublished).

6

Oakshire Naturals 2016 (unpublished).

7

Oakshire Naturals 2018 (unpublished).

8

EFSA Journal 2020; 18(1): 5948.

9

EFSA Journal 2018; 16(8): 5365.

ANNEX

The Annex to Implementing Regulation (EU) 2017/2470 is amended as follows:

Authorised novel food Conditions under which the novel food may be used Conditions under which the novel food may be used Additional specific labelling requirements Other requirements Data protection
‘Vitamin D2 mushroom powder Specified food category Maximum levels of vitamin D2 10 The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Breakfast cereals 2,25 μg of vitamin D2/100 g The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Yeast-leavened bread and pastries 2,25 μg of vitamin D2/100 g The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Grain products and pastas 2,25 μg of vitamin D2/100 g The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Fruit juice and fruit/vegetable blend beverages 1,125 μg of vitamin D2/100 mL The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Milk and dairy products (excluding fluid milks) 2,25 μg of vitamin D2/100 g/1,125 μg of vitamin D2/100 mL (beverages) The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Cheese (excluding cottage cheese, ricotta cheese, and hard-grating cheeses) 2,25 μg of vitamin D2/100 g The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Meal replacement bars and beverages 2,25 μg of vitamin D2/100 g/1,125 μg of vitamin D2/100 mL (beverages) The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Dairy analogues 2,25 μg of vitamin D2/100 g/1,125 μg of vitamin D2/100 mL (beverages) The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Meat analogues 2,25 μg of vitamin D2/100 g The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Soups and broths 2,25 μg of vitamin D2/100 g The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Extruded vegetable snacks 2,25 μg of vitamin D2/100 g The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Foods for Special Medical Purposes as defined under Regulation (EU) No 609/2013 excluding those intended for infants 15 μg/day The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
‘Vitamin D2 mushroom powder Food supplements as defined in Directive 2002/46/EC intended for the general population excluding infants 15 μg/day The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated mushroom powder containing vitamin D” or “UV-treated mushroom powder containing vitamin D2” The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants Authorised on 27 August 2020. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Oakshire Naturals, LP., PO Box 388 Kennett Square, Pennsylvania 19348, United States. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Oakshire Naturals, LP., unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Oakshire Naturals, LP. End date of the data protection: 27 August 2025.
Authorised Novel Food Specification
‘Vitamin D2 mushroom powder Description/Definition Vitamin D2 mushroom powder is a granular powder made from homogenised Agaricus bisporus mushrooms that have been exposed to UV light. The mushrooms are washed, homogenised and suspended in water to produce a mushroom slurry. The mushroom slurry is passed under a UV lamp. The slurry is then filtered, dried and ground, producing vitamin D2 mushroom powder. UV radiation: A process of radiation in ultraviolet light within a range of wavelength similar to those UV-treated novel foods authorised under the novel food regulation. Characteristics/Composition Vitamin D2 content: 1 000–1 300 μg/g of mushroom powder11 Moisture: ≤ 10,0 % Ash: ≤ 13,5 % Heavy Metals Lead (as Pb): ≤ 0,5 mg/kg Cadmium: ≤ 0,5 mg/kg Mercury: ≤ 0,1 mg/kg Arsenic: ≤ 0,3 mg/kg Mycotoxins Aflatoxins (sum of B1+B2+G1+G2): < 4 μg/kg Microbiological criteria: Total plate count: ≤ 5 000 CFU12/g Yeast and mould: ≤ 100 CFU/g Salmonella sp.: Absent in 25 g Staphylococcus aureus: ≤ 10 CFU/g Escherichia coli: ≤ 10 CFU/g Coliforms: ≤ 10 CFU/g Enterobacteriaceae: ≤ 10 CFU/g Listeria monocytogenes: Absent in 25 g
10

The minimum specification for vitamin D content in vitamin D2 mushroom powder of 1 000 μg vitamin D2/gram of mushroom powder is used.’

11

Converted from International Units (IU) using the conversion factor of 0,025 μg = 1 IU.

12

CFU: Colony Forming Units.’.

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