Nylons & novelty

We waited for years for the outcome of the review of the Novel Food Regulation (258/97), which began in 2002. It eventually resulted in a proposal for a new Regulation in mid-January 2008, and immediately got a reckless shove in the back from the Slovenes, holders of the Presidency, who stated their aspiration to get it through the due processes of EU law making by June! Breakneck progress by European standards.

Has it been worth waiting for? Will it change the world? Two fundamental questions to which the answers are: "well, just" and "only moderately"

On the upside, it does address the issue of drifting timelines which previously meant that applications for clearance of novel foods could take an average of three years to process. It seeks to reduce this to one year, which has got to be good news for any company bringing new products, or even whole new ranges, to market.

It achieves this by changing the system so that applications for approval can, in future, go directly to the European Food Safety Authority (EFSA), via the Commission of course, instead of having to navigate their way through the varying fortunes of Member State approval first. But I wonder how an already struggling EFSA will cope with the workload if the new process opens the tap to a torrent of applications once companies can see at least some potential for an early return on the commercial investment of submitted dossiers.

There is no change to the arbitrary and now iconic date of May 15 1997, presence on the market before which must be demonstrated to avoid the novel classification (missing an opportunity to make famous some other date in our past linked to an event of more significance than an administrative deadline). Papers, catalogues and copy invoices showing presence on the market prior to that date are becoming faded with time and will soon become valuable collectors items avidly sought by food companies.

There is some simplification, as the number of categories of Novel Food reduces from four to two, namely: food from plants and animals produced by non-traditional breeding techniques not used before May 15 1997 and food derived from a production process not used before May 15 1997.

But much more interesting is the new authorisation procedure for traditional food from non-EU countries where the population has been eating it for "at least one generation" without teetering towards extinction as a result of adverse health problems. A real boon for importers of ethnic products from around the world.

Of course, a dossier will still have to go to the Commission before going to that great assessment centre that is the EFSA in Parma, but at least this time the latter will have to deliver its verdict in four months, not eons, with the product neatly packaged, sanctioned and on the market in five months after the initial notification. Rocket speed for European approvals, methinks.

To those who thumbed their noses at the complex and uncertain legislation in this field, be aware: the Regulation provides for penalties for infringement to be made "persuasive". Sounds menacing.

Yet, I am left wondering by new uncertainties, such as how we define "a generation" - surely a number of years would have been clearer? And by the failure to clear up some of the long-standing ones, including the concept of demonstrating that a food had been used for human consumption to a "significant degree" prior to May 15 1997.

Grey areas have their place in law, but after 10 years of this legislation and a six-year review, surely greater clarity could have been expected?

But perhaps May 15 merits legislative commemoration after all. On that date in 1991 President François Mitterrand appointed France's first woman Prime Minister: Edith Cresson.

In 1940 the first nylon stockings went on sale in New York on that date, and on May 15 1997, the Key Year for Novel Food, the British government announced a referendum on devolution for Scotland and Wales, setting in process the break-up of the UK. All novel developments in their own right!

Chris Whitehouse is md of The Whitehouse Consultancy​, which advises clients how best to identify, approach and influence key decision-makers in Brussels and the UK government.​Contact him at: puevf.juvgrubhfr@juvgrubhfrpbafhygvat.pb.hx​