New EU regulation: impact on food supplements for a more sustainable industry.
In a continuing effort to address deforestation and forest degradation, the European Parliament and the Council have adopted Regulation (EU) 2023/1115, which focuses on the marketing and export of certain commodities and products associated with deforestation. These new regulations not only seek to preserve forests, but also to promote sustainable practices in various industries.
And yes, believe it or not, it’s going to affect your food supplements. We explain how.
What is the regulation about?
The purpose of this regulation is twofold:
- Minimize the European Union’s contribution to deforestation and forest degradation worldwide and thus contribute to reducing global deforestation.
- Reduce the Union’s contribution to greenhouse gas emissions and global biodiversity loss.
To this end and among other measures, Regulation (EU) 2023/1115 establishes rules for the introduction and placing on the Union market (and also for export from the Union) of products containing, fed with or processed using the following raw materials:
- cattle,
- cocoa,
- coffe,
- oil palm,
- rubber,
- soja and,
- wood.
In particular, Regulation (EU) 2023/1115 prohibits the placing on the market, marketing or export of these raw materials and products made from them. This does not mean that these ingredients cannot be used (in food supplements or in any other product), but that they must meet a series of conditions that we will explain in the article.
Regulation (EU) 2023/1115 is already in force, but the prohibitions and limitations will apply from December 30, 2024.
How do I know if the Deforestation Regulation (EU) 2023/1115 affects my food supplements?
For some of the raw materials used in the manufacture of certain food supplements, this Regulation will be applicable to us in our food industry.
Thus, cocoa beans, cocoa paste and butter, cocoa powder, coffee, palm oil or industrial oleic acid are often ingredients used in some food supplements.
A complete list of the raw materials and products concerned can be found in Annex I of Regulation 2023/1115.
Well, in order to be able to market products with these ingredients without any limitation or inconvenience, these three conditions must be met:
- that are free of deforestation.
- that have been produced in accordance with the relevant legislation of the country of production.
- that are covered by a statement of due diligence.
In this regard and prior to placing products with these raw materials on the market or prior to exporting them, operators shall exercise due diligence on all relevant products supplied by each supplier.
Due diligence shall include the following:
- The collection of information, data and documents necessary to meet reporting requirements. To this end, operators shall collect, organize and keep for five years from the date of placing on the market or export of the relevant products the following information, accompanied by evidence, on each of the relevant products:
- a description of the relevant products, including the trade name and type of the relevant product,
- the quantity of relevant products,
- the country of production of the product and, if applicable, in which parts of that country,
- the geolocation of all parcels of land on which the relevant raw materials containing the relevant product were produced or which have been used to produce the relevant product, as well as the date or time interval of production; e) the name, postal address and e-mail address of any company or person who has supplied them with the relevant products,
- the name, postal address and e-mail address of any company, operator or trader to whom the relevant products have been supplied,
- sufficiently conclusive and verifiable information that the relevant products are free of deforestation,
- sufficiently conclusive and verifiable information that the relevant raw materials have been produced in accordance with the relevant legislation of the country of production.
2. Risk assessment measures to determine whether there is a risk that the relevant products to be placed on the market or exported are non-compliant. For this purpose, the specific criteria indicated in Article 10 of the Regulations shall be taken into account.
3. Risk mitigation measures for the case where the risk assessment carried out in accordance with Article 10 reveals that there is no risk or only a negligible risk that the relevant products are non-compliant.
Thus, the production of the relevant raw materials must comply with the relevant legislation. of the country of production, i.e. the laws applicable in the country of production relating to the legal status of the production area in terms of land use rights, environmental protection, forest-related regulations, third party rights, labor rights, human rights, the principle of free, prior and informed consent, and tax, anti-corruption and customs regulations.
What happens if I do not comply with these regulations?
If a food supplement distributor places on the market, exports or places on the market products containing the raw materials referred to above which do not comply with the provisions of the Regulation, the authorities shall without delay require the operator or trader to adopt the following measures corrective actions sufficient to put an end to the non-compliance with the regulations with an deadline determined.
In particular, the distributor must remedy the non-conformity, prevent the product from being placed on the market, withdraw the product from the market and/or dispose of the product or transfer it to the authorities.
Beyond this, the distributor could face sanctions imposed by the authorities. These sanctions may be any of the following:
- fines proportional to the environmental damage caused.
- Confiscation of products
- confiscation of the income obtained by the trader from the transaction of the relevant products.
- exclusion from public procurement procedures.
- temporary ban on marketing products (in case of serious infringement or recidivism).
Conclusion
This regulation – which applies to cattle, cocoa, coffee, oil palm, rubber, soybeans and timber – entails limitations on the marketing, import and export of these raw materials, as well as products made from them.
These products are required to be free of deforestation, to have been produced in accordance with the relevant legislation of the country of production and to be covered by a due diligence declaration in order to be traded. The limitations and prohibitions imposed by these regulations will be applicable as of December 30, 2024.
Although one of the Annexes to the Regulation establishes a model due diligence declaration, it will be necessary to follow the publications of the Administration on the practical application of these new requirements in companies in the food sector.
If you are interested in marketing a food supplement, do not hesitate to contact us, we are your team, we have a team specialized in sanitary registrations, product labels and food safety consulting.