Commission Implementing Regulation (EU) 2025/89 of 20 January 2025 authorising the placing on the market of UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) as a novel food and amending Implementing Regulation (EU) 2017/2470

Type Implementing Regulation
Publication 2025-01-21
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
Image omitted; see official source Official Journal of the European Union EN L series
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2025/89 21.1.2025

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.

UV-treated powder obtained from whole Tenebrio molitor larvae is authorised to be placed on the market within the Union.

UV-treated powder obtained from whole Tenebrio molitor larvae 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 Nutri’Earth 7 is authorised to place on the market within the Union the novel food referred to in Article 1, for a period of 5 years from 10 February 2025, 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 Nutri’Earth.

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 5 years from the date of entry into force of this Regulation without the agreement of Nutri’Earth.

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, 20 January 2025.

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, ELI: http://data.europa.eu/eli/reg_impl/2017/2470/oj).

3

Nutri’Earth 2019, 2020, 2021 and 2022 (unpublished).

4

Nutri’Earth 2019, 2020, 2021, 2022 and 2023 (unpublished).

5

EFSA Journal 2023;21(5):8009.

6

Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18, ELI: http://data.europa.eu/eli/reg/2011/1169/oj).

7

Nutri’Earth, 68, rue Louis Joseph Gay Lussac, 62220 Carvin, France.

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
‘UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) Specified food category Maximum levels (g/100 g) (Maximum levels of vitamin D3 (μg/100 g food)) 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated Tenebrio molitor larvae (yellow mealworm) powder”. 2. The labelling of the foodstuffs containing UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) shall bear a statement that this ingredient may cause allergic reactions to consumers with known allergies to crustaceans, and products thereof, and to dust mites. This statement shall appear in close proximity to the list of ingredients or, in the absence of a list of ingredients, in close proximity to the name of the food. 3. Where the novel food is added to final product that contain an amount of vitamin D that is considered significant in accordance with Point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011, the designation of the novel food shall be accompanied by “containing vitamin D produced by UV treatment”, and the nutrition declaration shall contain the amount of vitamin D. Authorised on 10 February 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Nutri’Earth”, 68 rue Louis Joseph Gay Lussac, 62220 Carvin, France. During the period of data protection, the novel food UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) is authorised for placing on the market within the Union only by “Nutri’Earth”, unless a subsequent applicant obtains authorisation for that 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 “Nutri’Earth”. End date of the data protection: 10 February 2030.’
‘UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) Bread and rolls 4,0 (≤ 3,2 μg vitamin D3 /100 g food) 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated Tenebrio molitor larvae (yellow mealworm) powder”. 2. The labelling of the foodstuffs containing UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) shall bear a statement that this ingredient may cause allergic reactions to consumers with known allergies to crustaceans, and products thereof, and to dust mites. This statement shall appear in close proximity to the list of ingredients or, in the absence of a list of ingredients, in close proximity to the name of the food. 3. Where the novel food is added to final product that contain an amount of vitamin D that is considered significant in accordance with Point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011, the designation of the novel food shall be accompanied by “containing vitamin D produced by UV treatment”, and the nutrition declaration shall contain the amount of vitamin D. Authorised on 10 February 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Nutri’Earth”, 68 rue Louis Joseph Gay Lussac, 62220 Carvin, France. During the period of data protection, the novel food UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) is authorised for placing on the market within the Union only by “Nutri’Earth”, unless a subsequent applicant obtains authorisation for that 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 “Nutri’Earth”. End date of the data protection: 10 February 2030.’
‘UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) Cakes 4,0 (≤ 3,2 μg vitamin D3 /100 g food) 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated Tenebrio molitor larvae (yellow mealworm) powder”. 2. The labelling of the foodstuffs containing UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) shall bear a statement that this ingredient may cause allergic reactions to consumers with known allergies to crustaceans, and products thereof, and to dust mites. This statement shall appear in close proximity to the list of ingredients or, in the absence of a list of ingredients, in close proximity to the name of the food. 3. Where the novel food is added to final product that contain an amount of vitamin D that is considered significant in accordance with Point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011, the designation of the novel food shall be accompanied by “containing vitamin D produced by UV treatment”, and the nutrition declaration shall contain the amount of vitamin D. Authorised on 10 February 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Nutri’Earth”, 68 rue Louis Joseph Gay Lussac, 62220 Carvin, France. During the period of data protection, the novel food UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) is authorised for placing on the market within the Union only by “Nutri’Earth”, unless a subsequent applicant obtains authorisation for that 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 “Nutri’Earth”. End date of the data protection: 10 February 2030.’
‘UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) Pasta-based products 3,5 (≤ 2,8 μg vitamin D3 /100 g food) 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated Tenebrio molitor larvae (yellow mealworm) powder”. 2. The labelling of the foodstuffs containing UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) shall bear a statement that this ingredient may cause allergic reactions to consumers with known allergies to crustaceans, and products thereof, and to dust mites. This statement shall appear in close proximity to the list of ingredients or, in the absence of a list of ingredients, in close proximity to the name of the food. 3. Where the novel food is added to final product that contain an amount of vitamin D that is considered significant in accordance with Point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011, the designation of the novel food shall be accompanied by “containing vitamin D produced by UV treatment”, and the nutrition declaration shall contain the amount of vitamin D. Authorised on 10 February 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Nutri’Earth”, 68 rue Louis Joseph Gay Lussac, 62220 Carvin, France. During the period of data protection, the novel food UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) is authorised for placing on the market within the Union only by “Nutri’Earth”, unless a subsequent applicant obtains authorisation for that 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 “Nutri’Earth”. End date of the data protection: 10 February 2030.’
‘UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) Processed potato products 3,0 (≤ 2,4 μg vitamin D3 /100 g food) 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated Tenebrio molitor larvae (yellow mealworm) powder”. 2. The labelling of the foodstuffs containing UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) shall bear a statement that this ingredient may cause allergic reactions to consumers with known allergies to crustaceans, and products thereof, and to dust mites. This statement shall appear in close proximity to the list of ingredients or, in the absence of a list of ingredients, in close proximity to the name of the food. 3. Where the novel food is added to final product that contain an amount of vitamin D that is considered significant in accordance with Point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011, the designation of the novel food shall be accompanied by “containing vitamin D produced by UV treatment”, and the nutrition declaration shall contain the amount of vitamin D. Authorised on 10 February 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Nutri’Earth”, 68 rue Louis Joseph Gay Lussac, 62220 Carvin, France. During the period of data protection, the novel food UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) is authorised for placing on the market within the Union only by “Nutri’Earth”, unless a subsequent applicant obtains authorisation for that 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 “Nutri’Earth”. End date of the data protection: 10 February 2030.’
‘UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) Cheese and cheese products 1,0 (≤ 0,8 μg vitamin D3 /100 g food) 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated Tenebrio molitor larvae (yellow mealworm) powder”. 2. The labelling of the foodstuffs containing UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) shall bear a statement that this ingredient may cause allergic reactions to consumers with known allergies to crustaceans, and products thereof, and to dust mites. This statement shall appear in close proximity to the list of ingredients or, in the absence of a list of ingredients, in close proximity to the name of the food. 3. Where the novel food is added to final product that contain an amount of vitamin D that is considered significant in accordance with Point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011, the designation of the novel food shall be accompanied by “containing vitamin D produced by UV treatment”, and the nutrition declaration shall contain the amount of vitamin D. Authorised on 10 February 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Nutri’Earth”, 68 rue Louis Joseph Gay Lussac, 62220 Carvin, France. During the period of data protection, the novel food UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) is authorised for placing on the market within the Union only by “Nutri’Earth”, unless a subsequent applicant obtains authorisation for that 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 “Nutri’Earth”. End date of the data protection: 10 February 2030.’
‘UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) Fruit and vegetable compotes 3,5 (≤ 2,8 μg vitamin D3 /100 g food) 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated Tenebrio molitor larvae (yellow mealworm) powder”. 2. The labelling of the foodstuffs containing UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) shall bear a statement that this ingredient may cause allergic reactions to consumers with known allergies to crustaceans, and products thereof, and to dust mites. This statement shall appear in close proximity to the list of ingredients or, in the absence of a list of ingredients, in close proximity to the name of the food. 3. Where the novel food is added to final product that contain an amount of vitamin D that is considered significant in accordance with Point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011, the designation of the novel food shall be accompanied by “containing vitamin D produced by UV treatment”, and the nutrition declaration shall contain the amount of vitamin D. Authorised on 10 February 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Nutri’Earth”, 68 rue Louis Joseph Gay Lussac, 62220 Carvin, France. During the period of data protection, the novel food UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) is authorised for placing on the market within the Union only by “Nutri’Earth”, unless a subsequent applicant obtains authorisation for that 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 “Nutri’Earth”. End date of the data protection: 10 February 2030.’
‘UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be “UV-treated Tenebrio molitor larvae (yellow mealworm) powder”. 2. The labelling of the foodstuffs containing UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) shall bear a statement that this ingredient may cause allergic reactions to consumers with known allergies to crustaceans, and products thereof, and to dust mites. This statement shall appear in close proximity to the list of ingredients or, in the absence of a list of ingredients, in close proximity to the name of the food. 3. Where the novel food is added to final product that contain an amount of vitamin D that is considered significant in accordance with Point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011, the designation of the novel food shall be accompanied by “containing vitamin D produced by UV treatment”, and the nutrition declaration shall contain the amount of vitamin D. Authorised on 10 February 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: “Nutri’Earth”, 68 rue Louis Joseph Gay Lussac, 62220 Carvin, France. During the period of data protection, the novel food UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) is authorised for placing on the market within the Union only by “Nutri’Earth”, unless a subsequent applicant obtains authorisation for that 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 “Nutri’Earth”. End date of the data protection: 10 February 2030.’
Authorised novel food Specification
‘UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) Description/Definition: The novel food is the ultra-violet (UVB) light treated powder obtained from whole, thermally treated and ground Tenebrio molitor larvae (yellow mealworm). The term “mealworm” refers to the larval form of Tenebrio molitor, an insect species that belongs to the family of Tenebrionidae (darkling beetles). Another identified scientific synonym is Tenebrio molitor Linnaeus. A minimum 24 hours fasting period is required before the thermal drying step, to allow the larvae to discard their bowel content.
‘UV-treated powder of whole Tenebrio molitor larvae (yellow mealworm) Characteristics/Composition: Crude protein (N x 6,25) (% w/w): 50,0 – 55,0 Fat (% w/w): 30,0 – 37,0 Total carbohydrates (% w/w): 6,0 – 7,5 Crude fibre (% w/w): 3,0 – 4,5 Chitin (% w/w): 5,5-8,5 Ash (% w/w): 3,0 – 4,0 Moisture (% w/w): 1,4 – 3,5 Peroxide value (meq O2/kg fat): ≤ 5,0 Water activity (aw): < 0,6 Vitamin D3 (μg/100 g): 35,0 – 79,0 Manganese (mg/kg): ≤ 11,5 Copper (mg/kg): ≤ 16,0 Heavy metals: Lead (mg/kg): ≤ 0,02 Cadmium (mg/kg): ≤ 0,1 Mercury (mg/kg): ≤ 0,005 Arsenic (mg/kg): ≤ 0,05 Mycotoxins: Aflatoxin B1 (μg/kg): ≤ 2 Aflatoxins (Sum of B1 + B2 + G1 + G2, μg/kg): ≤ 4 Deoxynivalenol (μg/kg): ≤ 200 Ochratoxin A (μg/kg): ≤ 1 Dioxins and PCBs: PCDDs/F + PCB TEQ (pg/g fat): ≤ 0,75 Microbiological criteria: Bacillus cereus: ≤ 100 CFU/g Clostridium perfringens: ≤ 10 CFU/g β-Glucuronidase-positive Escherichia coli: ≤ 10 CFU/g Aerobic mesophilic bacteria: ≤ 105 CFU/g Listeria monocytogenes: Not detected in 25 g Yeasts and moulds: ≤ 100 CFU/g Enterobacteriaceae: < 10 CFU/g Coagulase-positive staphylococci: ≤ 100 CFU/g Sulfite-reducing anaerobes: < 10 CFU/g Salmonella* spp.: Not detected in 25 g * Chitin calculated as the difference between the Acid Detergent Fibre fraction and the Acid Detergent Lignin fraction (ADF-ADL), as described by Hahn et al. (2018); PCDDs/F + PCB TEQ: Upper bound sum of polychlorinated dibenzo-para-dioxins (PCDDs)-polychlorinated dibenzofurans (PCDFs) and dioxin-like polychlorinated biphenyls (PCBs) expressed as World Health Organization Toxic Equivalent Factors (TEQ) (using WHO-TEFs of 2005). ** CFU: Colony Forming Units.’

ELI: http://data.europa.eu/eli/reg_impl/2025/89/oj

ISSN 1977-0677 (electronic edition)

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