- 04/03/2018
- Posted by: Marta
- Categories: Questions and Answers, News
Good evening Dongo Lawyer,
I am a student of Food Science and Technology. I would like some clarification on the subject of labeling regarding the declaration of nitrates if, for example, nitrates naturally contained in plant extracts are used. How should they be explained? Thank you in advance for your availability and I wish you good work.
Yours sincerely
Gianluca
The lawyer Dario Dongo, Ph.D. in European food law, answers
Dear Gianluca good morning,
as we wrote, the issue is still debated at European level.
In fact, these are natural preservatives which - in the absence of harmonized legislation - are prohibited in Germany (as they are considered unauthorized additives) and tolerated in the other member countries.
As in the case of coloring foods, it is necessary to move with caution, in the name of food safety (which must always and in any case be guaranteed, pursuant to EC regulation 178/02, article 14) and transparency of information addressed to consumers.
The ploy used by some operators, to indicate these substances on the label as natural flavors - with the idea of concealing their function, which is by no means secondary, for which they are used - does not appear correct and exposes to concrete risks of dispute.
And it is necessary in any case keep records of internal traceability of manufacturing processes. Which, though not being required for the generality of food production, assumes importance in these cases for the purposes of official public control over the correctness of the wording on the label. Since it is otherwise difficult, if not impossible, to distinguish nitrates of plant origin from nitrites in processed meats.
Il Ministry of Health published a circular in 2017, which, in my humble opinion, expresses the most reasonable and consistent solution within the European regulatory framework. It should therefore be brought forward to Brussels for consensus.
The approach to follow is to indicate precisely the vegetable ingredients used, specifying their nature (eg extracts, fibers, essential oils) and origin (eg spinach, beetroot). Without therefore merely reporting 'natural flavors', neither 'vegetable fibres'- on the label of the products that contain them.
We must then avoid in the most absolute way of writing 'Preservative free'(since it would be false news),'without artificial preservatives'(as there is no distinction between synthetic and non-synthetic additives in EC 1333/08') or 'without nitrites'. (1)
If anything, it can be mentioned in the presence of 'natural preservatives', (2) provided that no nitrites or other substances are used.
Dario Dongo
Note
(1) It is worth remembering in this regard that nitrites, even if derived from the natural transformation of vegetable nitrates used as ingredients in the preparation of meat, are substances to which some subjects are sensitive. Although not included in the list of allergenic ingredients referred to in Annex II to reg. EU 1169/11
(2) Although - as mentioned - a European legislative framework of reference is still lacking, the solution proposed by the Ministry of Health appears to be in keeping with the objectives
