Food Additives Inspection Guidance

An additive is prohibited unless it conforms with the conditions of use outlined in the GB list of Food Additives Authorisations. An additive may appear on the list, but it is only authorised for the functions/foods detailed in the authorisation. 

Many additive authorisations will specify maximum limits, which are based on the food as sold, unless otherwise specified. The maximum limits for dried and concentrated foods should be calculated based on the reconstituted food, as per the manufacturer’s instructions and the minimum dilution factor. 

In some cases, the conditions of use in the authorisation will note that the limit relates to the additive as expressed in a specific form. It is important, therefore, that any notes associated with the authorisation are taken into consideration as this may require calculations to be carried out. For example, the conditions of use generally require nitrates and nitrites to be expressed as sodium nitrate or sodium nitrite. Therefore, where potassium salts are used (E249 Potassium Nitrite or E252 Potassium Nitrate), a conversion factor requires to be applied to identify the relevant limit as follows:

• Potassium nitrite to sodium nitrite equivalent: divide by 1.23
• Potassium nitrate to sodium nitrate equivalent: divide by 1.19

These conversion factors are based on the relative molecular weights of the sodium and potassium salts and ensure equivalent amounts are compared with the legal limits.

Certain substances, for example phosphates and glutamates, are naturally present in certain foods. The quantitative limits apply to the amount of additive added. There is an exception in the case of sulphites, as the specified quantitative limits include sulphites available from all sources and therefore consider any natural occurrence of the substance. This is specified in footnote (3) in the relevant conditions of use in foods in the authorisations for the permitted use of sulphur dioxide – sulphites (E220-228).

Instead of a maximum limit, some authorisations will set a level of “quantum satis”. Quantum satis means that as much of the additive as is needed to achieve the desired result, but not more, shall be used in the food concerned in accordance with good manufacturing practice. It must not be used at a level higher than is necessary to achieve the intended purpose and must not be used in a way that misleads the consumer.

Chapter IV of Regulation (EC) No 1333/2008 specifies different labelling requirements for food sold to the final consumer and food sold to other businesses. Specific derogations from the requirements are also provided.

Specific labelling requirements are also laid down for six authorised food colours (the Southampton Six); Tartrazine (E 102), Ponceau 4 R (E 124), Sunset yellow (E 110), Carmoisine (E 122), Quinoline yellow (E 104) and Allura Red (E 129). Foods containing these colours are required to be labelled with the following additional information:

‘‘name or E number of the colour(s)’: may have an adverse effect on activity and attention in children.’

The above requirement has some limited exceptions:

• Health or other marking on meat
• Stamping eggshells
• Beverages containing more than 1.2% by volume alcohol

Article 18 and Annex VII Part C – Requirement for food additives in a list of ingredients to be designated by their category followed by name or E-number. 

Food business operators (FBOs) should assess food additive use and implement control procedures to ensure their products are safe and within legal limits, in the same way as they do for all other food hazards.  

The following factors should be considered during inspection.  

Food Safety Management System (FSMS) 

Food additives used within an establishment should be identified as chemical hazards requiring control within the FSMS.  

All food additives used should be clearly identified within the FSMS, along with the legal limits of use permitted in accordance with the legislation. Controls must be in place to ensure that additive limits are not breached, with critical control points identified within the system, where required.  

Recipes and manufacturing instructions 

Additive use should be considered by FBOs during product development.  Product recipes and manufacturing instructions should reflect the relevant requirements for additive use. Additives used should be included in product recipes, with clearly defined amounts, to ensure the limits defined during product validation are consistently adhered to.  

Where the legal limit is quantum satis, recipe testing during product development should be considered. This should evidence that the final recipe content is demonstrably the minimum content required to achieve the desired effects in the given product.  

Catering establishments should also give consideration to the amount of additive they are adding to a dish. Some level of control, such as clear cooking instructions and staff training, should be in place to ensure maximum limits are consistently adhered to.  

Additive labels and technical data sheets 

The authorisation for each food additive includes a specification which that additive must meet. This can be accessed from the register entry for each additive. Examining the technical data sheet for an additive will assist an officer in determining whether it complies with the specification and is being used in accordance with manufacturer instructions. 

The additive label or technical data sheet should also be checked to determine whether the additive being used is pure, or whether it is part of another ingredient, for example a seasoning. The proportion of additive within the ingredient being used must be considered when the FBO is devising the recipe to ensure the final product will be within legal limits.   

Labelling  

Examples of the FBOs product labels should be checked to ensure that any additives within the product are clearly identified. Consideration should be given to the FBOs contingency procedure for product labelling should an additive substitution be required.  

Sampling 

FBO sample results should be reviewed as part of the FBOs validation of their product recipe.  

LAs may want to consider conducting official control sampling for establishments that do not have clear evidence to show that maximum additive limits are being met.  

Verification  

To verify food additive use, it may be beneficial to select specific product/additive combinations used in the business and consider these in detail, rather than consider controls in general. In order to do this, it will be necessary for the officer to understand the products and additives in question so that they can identify the limits that the business requires to achieve. Some worked examples are provided in Annex 3 which may be of assistance.