Commission Implementing Regulation (EU) 2023/948 of 12 May 2023 authorising the placing on the market of 6′-Sialyllactose sodium salt produced by derivative strains of Escherichia coli BL21(DE3) as a novel food and amending Implementing Regulation (EU) 2017/2470 (Text with EEA relevance)

Type Implementing Regulation
Publication 2023-05-15
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.

Reform history JSON API
15.5.2023 EN Official Journal of the European Union L 128/52

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.

6′-Sialyllactose sodium salt produced with derivative strains of Escherichia coli BL21(DE3) is authorised to be placed on the market within the Union.

6′-Sialyllactose sodium salt produced with derivative strains of Escherichia coli BL21(DE3) 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 Chr. Hansen A/S 15 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 4 June 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 Chr. Hansen A/S.

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 Chr. Hansen A/S.

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, 12 May 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

Commission Implementing Regulation (EU) 2021/82 of 27 January 2021 authorising the placing on the market of 6'-sialyllactose sodium salt 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 (OJ L 29, 28.1.2021, p. 16

).

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

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).

6

Chr. Hansen 2018 and 2021 (unpublished).

7

Chr. Hansen 2021 (unpublished).

8

Chr. Hansen 2020 and 2021 (unpublished).

9

Chr. Hansen 2014 and 2021 (unpublished).

10

Chr. Hansen 2018 (unpublished) and Parschat K., Oehme A., Leuschner J., Jennewein S., and Parkot J. 2020. A safety evaluation of mixed human milk oligosaccharides in rats. Food and Chemical Toxicology, 136, 111118.

11

Chr. Hansen 2018 (unpublished) and Parschat K., Oehme A., Leuschner J., Jennewein S., and Parkot J. 2020. A safety evaluation of mixed human milk oligosaccharides in rats. Food and Chemical Toxicology, 136, 111118.

12

Chr. Hansen 2018 and 2021 (unpublished) and Parschat K., Oehme A., Leuschner J., Jennewein S., and Parkot J. 2020. A safety evaluation of mixed human milk oligosaccharides in rats. Food and Chemical Toxicology, 136, 111118.

13

Chr. Hansen 2019 and 2021 (unpublished) and Parschat K., Oehme A., Leuschner J., Jennewein S., and Parkot J. 2020. A safety evaluation of mixed human milk oligosaccharides in rats. Food and Chemical Toxicology, 136, 111118.

14

EFSA Journal 2022;20(12):7645.

15

Address: Bøge Allé 10-12, 2970 Hørsholm, Denmark.

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
‘6’-Sialyllactose (‘6′-SL’) sodium salt (produced by derivative strains of E. coli BL21(DE3)) Specified food category Maximum levels The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘6′-Sialyllactose sodium salt’. The labelling of food supplements containing 6′-Sialyllactose (6′-SL) sodium salt shall bear a statement that (a) they should not be consumed by children under 3 years of age; (b) they should not be consumed if other foods containing added 6′-sialyllactose sodium salt are consumed the same day. Authorised on 4 June 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Chr. Hansen A/S”, Bøge Allé 10-12, 2970 Hoersholm, Denmark. During the period of data protection, the novel food 6′-Sialyllactose sodium salt is authorised for placing on the market within the Union only by Chr. Hansen A/S 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 “Chr. Hansen A/S”. End date of the data protection: 4 June 2028.’
‘6’-Sialyllactose (‘6′-SL’) sodium salt (produced by derivative strains of E. coli BL21(DE3)) Infant formula as defined under Regulation (EU) No 609/2013 0,70 g/L in the final product ready for use, marketed as such or reconstituted as instructed by the manufacturer The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘6′-Sialyllactose sodium salt’. The labelling of food supplements containing 6′-Sialyllactose (6′-SL) sodium salt shall bear a statement that (a) they should not be consumed by children under 3 years of age; (b) they should not be consumed if other foods containing added 6′-sialyllactose sodium salt are consumed the same day. Authorised on 4 June 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Chr. Hansen A/S”, Bøge Allé 10-12, 2970 Hoersholm, Denmark. During the period of data protection, the novel food 6′-Sialyllactose sodium salt is authorised for placing on the market within the Union only by Chr. Hansen A/S 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 “Chr. Hansen A/S”. End date of the data protection: 4 June 2028.’
‘6’-Sialyllactose (‘6′-SL’) sodium salt (produced by derivative strains of E. coli BL21(DE3)) Follow-on formula as defined under Regulation (EU) No 609/2013 0,70 g/L in the final product ready for use, marketed as such or reconstituted as instructed by the manufacturer The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘6′-Sialyllactose sodium salt’. The labelling of food supplements containing 6′-Sialyllactose (6′-SL) sodium salt shall bear a statement that (a) they should not be consumed by children under 3 years of age; (b) they should not be consumed if other foods containing added 6′-sialyllactose sodium salt are consumed the same day. Authorised on 4 June 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Chr. Hansen A/S”, Bøge Allé 10-12, 2970 Hoersholm, Denmark. During the period of data protection, the novel food 6′-Sialyllactose sodium salt is authorised for placing on the market within the Union only by Chr. Hansen A/S 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 “Chr. Hansen A/S”. End date of the data protection: 4 June 2028.’
‘6’-Sialyllactose (‘6′-SL’) sodium salt (produced by derivative strains of E. coli BL21(DE3)) Processed cereal-based foods for infants and young children and baby foods for infants and young children as defined under Regulation (EU) No 609/2013 0,70 g/L or 0,70 g/kg in the final product ready for use, marketed as such or reconstituted as instructed by the manufacturer The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘6′-Sialyllactose sodium salt’. The labelling of food supplements containing 6′-Sialyllactose (6′-SL) sodium salt shall bear a statement that (a) they should not be consumed by children under 3 years of age; (b) they should not be consumed if other foods containing added 6′-sialyllactose sodium salt are consumed the same day. Authorised on 4 June 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Chr. Hansen A/S”, Bøge Allé 10-12, 2970 Hoersholm, Denmark. During the period of data protection, the novel food 6′-Sialyllactose sodium salt is authorised for placing on the market within the Union only by Chr. Hansen A/S 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 “Chr. Hansen A/S”. End date of the data protection: 4 June 2028.’
‘6’-Sialyllactose (‘6′-SL’) sodium salt (produced by derivative strains of E. coli BL21(DE3)) Milk based drinks and similar products intended for young children 0,70 g/L in the final product ready for use, marketed as such or reconstituted as instructed by the manufacturer The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘6′-Sialyllactose sodium salt’. The labelling of food supplements containing 6′-Sialyllactose (6′-SL) sodium salt shall bear a statement that (a) they should not be consumed by children under 3 years of age; (b) they should not be consumed if other foods containing added 6′-sialyllactose sodium salt are consumed the same day. Authorised on 4 June 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Chr. Hansen A/S”, Bøge Allé 10-12, 2970 Hoersholm, Denmark. During the period of data protection, the novel food 6′-Sialyllactose sodium salt is authorised for placing on the market within the Union only by Chr. Hansen A/S 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 “Chr. Hansen A/S”. End date of the data protection: 4 June 2028.’
‘6’-Sialyllactose (‘6′-SL’) sodium salt (produced by derivative strains of E. coli BL21(DE3)) Foods for special medical purposes for infants and young children as defined under Regulation (EU) No 609/2013 In accordance with the particular nutritional requirements of the infants and young children for whom the products are intended but in any case not higher than 0,70 g/L or 0,70 g/kg in the final product ready for use, marketed as such or reconstituted as instructed by the manufacturer. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘6′-Sialyllactose sodium salt’. The labelling of food supplements containing 6′-Sialyllactose (6′-SL) sodium salt shall bear a statement that (a) they should not be consumed by children under 3 years of age; (b) they should not be consumed if other foods containing added 6′-sialyllactose sodium salt are consumed the same day. Authorised on 4 June 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Chr. Hansen A/S”, Bøge Allé 10-12, 2970 Hoersholm, Denmark. During the period of data protection, the novel food 6′-Sialyllactose sodium salt is authorised for placing on the market within the Union only by Chr. Hansen A/S 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 “Chr. Hansen A/S”. End date of the data protection: 4 June 2028.’
‘6’-Sialyllactose (‘6′-SL’) sodium salt (produced by derivative strains of E. coli BL21(DE3)) Foods for special medical purposes as defined under Regulation (EU) No 609/2013 excluding foods for infants and young children In accordance with the particular nutritional requirements of the persons for whom the products are intended The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘6′-Sialyllactose sodium salt’. The labelling of food supplements containing 6′-Sialyllactose (6′-SL) sodium salt shall bear a statement that (a) they should not be consumed by children under 3 years of age; (b) they should not be consumed if other foods containing added 6′-sialyllactose sodium salt are consumed the same day. Authorised on 4 June 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Chr. Hansen A/S”, Bøge Allé 10-12, 2970 Hoersholm, Denmark. During the period of data protection, the novel food 6′-Sialyllactose sodium salt is authorised for placing on the market within the Union only by Chr. Hansen A/S 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 “Chr. Hansen A/S”. End date of the data protection: 4 June 2028.’
‘6’-Sialyllactose (‘6′-SL’) sodium salt (produced by derivative strains of E. coli BL21(DE3)) Food Supplements as defined in Directive 2002/46/EC, for the general population, excluding infants and young children 1,8 g/day The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘6′-Sialyllactose sodium salt’. The labelling of food supplements containing 6′-Sialyllactose (6′-SL) sodium salt shall bear a statement that (a) they should not be consumed by children under 3 years of age; (b) they should not be consumed if other foods containing added 6′-sialyllactose sodium salt are consumed the same day. Authorised on 4 June 2023. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Chr. Hansen A/S”, Bøge Allé 10-12, 2970 Hoersholm, Denmark. During the period of data protection, the novel food 6′-Sialyllactose sodium salt is authorised for placing on the market within the Union only by Chr. Hansen A/S 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 “Chr. Hansen A/S”. End date of the data protection: 4 June 2028.’
Authorised novel food Specification
‘6’-Sialyllactose (‘6’-SL’) sodium salt (produced by derivative strains of E. coli BL21(DE3)) Description: 6'-Sialyllactose (6′-SL) sodium salt is a purified, white to off-white powder or agglomerate produced by a microbial process and contains limited levels of lactose, 6'-sialyl-lactulose, and sialic acid. Definition: Chemical name: N-Acetyl-α-D-neuraminyl-(2→6)-β-D-galactopyranosyl-(1→4)-D-glucose, sodium salt Chemical formula: C23H38NO19Na Molecular mass: 655,53 Da CAS No: 157574-76-0 Source: Two genetically modified strains (a production strain and an optional degradation strain) of Escherichia coli BL21(DE3) Characteristics/Composition: 6′-Sialyllactose sodium salt (% of dry matter): ≥ 90,0 % (w/w) 6′-Sialyl-lactulose (% of dry matter): ≤ 3,0 % (w/w) D-Lactose (% of dry matter): ≤ 5,0 % (w/w) Sialic acid (% of dry matter): ≤ 2,0 % (w/w) N-acetyl-D-glucosamine (% of dry matter): ≤ 3,0 % (w/w) Sum of other carbohydrates (% of dry matter)a: ≤ 5,0 % (w/w) Moisture: ≤ 9,0 % (w/w) Ash: ≤ 8,5 % (w/w) Residual protein: ≤ 0,01 % (w/w) Sodium: ≤ 4,2 % (w/w) Contaminants: Arsenic: ≤ 0,2 (mg/kg) Aflatoxin M1: ≤ 0,025 (μg/kg) Microbiological criteria: Standard plate count: ≤ 1 000 CFU/g Enterobacteriaceae: ≤ 10 CFU/g Salmonella spp.: Absence in 25 g Yeast and mould: ≤ 100 CFU/g Cronobacter spp.: Absence in 10 g Residual endotoxins: ≤ 10 EU/mg a Sum of other carbohydrates = 100 (% (w/w) of dry matter) – 6'-Sialyllactose sodium salt (% (w/w) of dry matter) – quantified carbohydrates (% (w/w) of dry matter) – Ash (% (w/w) of dry matter); CFU: Colony Forming Units; EU: Endotoxin Units’

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