Commission Implementing Regulation (EU) 2023/4 of 3 January 2023 authorising the placing on the market of vitamin D2 mushroom powder as a novel food and amending Implementing Regulation (EU) 2017/2470 (Text with EEA relevance)

Type Implementing Regulation
Publication 2023-01-04
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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4.1.2023 EN Official Journal of the European Union L 2/3

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(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.

The vitamin D2 mushroom powder is authorised to be placed on the market within the Union.

The vitamin D2 mushroom powder shall be included in the Union list of novel foods set out in Implementing Regulation (EU) 2017/2470.

2.

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

Article 2

Only the company Monterey Mushrooms Inc 13 is authorised to place on the market within the Union the novel food referred to in Article 1, for a period of five years from 24 January 2023, unless a subsequent applicant obtains an authorisation for that novel food without reference to the scientific data protected pursuant to Article 3 or with the agreement of Monterey Mushrooms Inc.

Article 3

The scientific data contained in the application file and fulfilling the conditions 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 Monterey Mushrooms Inc.

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, 3 January 2023.

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

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).

4

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).

5

Annex I Identity of High Vitamin D2 Mushroom Powder.

6

Annex II Certificates of Analysis and Batch Data.

7

Annex III Stability Reports.

8

Annex V Intakes Assessment Report.

9

EFSA Journal 2022;20(6):7326.

10

Annex I Identity of High Vitamin D2 Mushroom Powder.

11

Annex II Certificates of Analysis and Batch Data.

12

Annex III Stability Reports.

13

Address: 260 Westgate Drive Watsonville, CA 95076, the United States.

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 (μg/100 g or 100 ml) 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Milk analogues 1,1 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Dairy analogues other than milks 2,2 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Breakfast cereals and cereal bars 2,2 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Soups 2,2 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Dried soups 22,5 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Whey powder 14,1 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Fruit/vegetable juices and nectars 1,1 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Fruit/vegetable juice powder 12,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Fruit/vegetable juice concentrate (liquid) 3,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Soft drinks marketed in relation to physical exercise and fermented non-alcoholic drinks (with exclusion of dairy fermented drinks) 1,1 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Foods for Special Medical Purposes as defined under Regulation (EU) No 609/2013 excluding those intended for infants In accordance with the particular nutritional requirements of the persons for whom the products are intended but not higher than 15 μg/day 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Total diet replacement for weight control as defined in Regulation (EU) No 609/2013 15 μg/day 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Meal replacements for weight control 5 μg/meal 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
‘Vitamin D2 mushroom powder Food supplements as defined in Directive 2002/46/EC, excluding food supplements for infants and young children 15 μg/day 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’ 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and children under 3 years of age. Authorised on 24 January 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Monterey Mushrooms Inc, 260 Westgate Drive Watsonville, CA 95076, the 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 Monterey Mushrooms Inc, 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 Monterey Mushrooms Inc. End date of the date protection: 24 January 2028.’
Authorised Novel Food Specifications
‘Vitamin D2 mushroom powder Description/Definition: The novel food is produced by controlled exposure of sliced/diced Agaricus bisporus mushrooms to UV irradiation followed by dehydration and grinding into a powder. UV radiation: A process of radiation in ultraviolet light within a range of wavelength similar to those UV-treated novel foods authorised under Regulation (EU) 2015/2283. Characteristics/composition: Vitamin D2 content: 125–375 μg/g Moisture: ≤ 7 % Ash: ≤ 13,5 % Water activity: < 0,5 Fat: ≤ 4,5 % Total carbohydrates: ≤ 60 % Protein: ≤ 40 % Heavy metals: Lead: ≤ 0,5 mg/kg Cadmium: ≤ 0,5 mg/kg Mercury: ≤ 0,1 mg/kg Arsenic: ≤ 0,3 mg/kg Mycotoxins: Aflatoxin B1: ≤ 2 μg/kg Aflatoxins (sum of B1 + B2 + G1 + G2): < 4 μg/kg Microbiological criteria: Total aerobic microbial count: ≤ 5 000 CFU/g Total yeast and mould count: < 100 CFU/g Coliforms: < 100 MPN/g Salmonella spp.: Absence in 25 g Staphylococcus aureus: Absence in 10 g Escherichia coli: Absence in 10 g Listeria monocytogenes: Absence in 25 g CFU: colony forming units. MPN: most probable number.’

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