Novel Foods Applications
Many suppliers have yet to submit their Novel Foods Application to the FSA Regulated Products Portal.
The FSA Regulated Products Portal was previously known as the FSA Novel Foods Portals. This means that after the 31st March 2021, some of our members will not be able to sell their products legally.
If you have not submitted an application time is of the essence!
WHAT SHOULD YOU DO?
Manufacturers - submission is required at the earliest opportunity to allow time for evaluation of your dossier to achieve validation. This is estimated to take one month at present, but will depend on the quality of the supporting data and information provided; if it is insufficient, then validation will not be granted in a timely manner.
Resellers - Pre-branded goods, and white-labellers should ensure that products are included and specifically referenced in their supplier’s Novel Foods Application.
You should be liaising with your suppliers to ensure they have submitted, or will be submitting an application that includes the products you sell. Ask for proof!
Secondary Producers (those blend, formulate or bottle in-house) - Products will need to be included in your manufacturer's application dossier or an application submitted by yourself, colloquially known as a “piggy back” application.
In addition you will be required to provide stability tests for final products.
Standard testing is sufficient to establish shelf life.
NOTE: If you wish to sell in the EU you must submit via the EU Portal, if you wish to sell products in the UK you must submit via the UK Regulated Foods Portal as the Brexit transition period has now ended. EFSA guidance remains relevant as per retained EU law 2017/2468.
Application requirements are contained in the link below:
https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2016.4590
How to safeguard yourself:
Do not accept assurances without evidence. Marketing ploys are evident at present with many manufacturers falsely claiming submission to secure trade.
Keep records of all communications as proof of due diligence.
You may be required to sign an NDA as most manufacturers will have triggered data protection measures.
Please note:
A submitted application is not enough to guarantee products can remain on the shelves beyond 31st March 2021.
The application MUST BE VALIDATED by the deadline. After this, products specified in validated Novel Foods Applications, that were already on sale prior to 13 February 2020 may continue to be sold while the Novel Foods Application is awaiting full authorisation. Full Authorisation is ultimately still required, which can take in excess of 18 months, and any products specified in Novel Foods Applications that do not receive full authorisation may not continue to be sold if full authorisation is eventually declined.
For more information, please visit:
https://www.food.gov.uk/business-guidance/regulated-products/novel-foods-guidance
To submit an application via the regulated products application service:
https://www.food.gov.uk/apply-for-a-regulated-product-authorisation
If you have any specific questions about the procedure or process contact the regulated products team at [email protected] or if you require any legal assistance contact the Cannabis Regulatory Law Team at Mackrell.Solicitors via email at
