2. Background
An increasing area of concern in terms of Grey Market Goods is the use of food additives present within these products. As set out in Regulation (EC) No. 1333/2008, food additives must be authorised and meet any conditions of use, such as labelling specifications or restrictions on ingredient usage. However, many goods that do not meet these conditions are still being placed on the market in Scotland and are presenting issues for enforcement authorities. The most common areas of non-compliance officers are finding in terms of food additives are:
- Labelling issues, such as failure to include a warning of hyperactivity in children on the label as required for some food colourings, or labels not being in English.
- The use of authorised additives exceeding their maximum permitted levels as set out in domestic legislation.
- The inclusion of additives that are not authorised for use within the particular food category they are in.
These compliance issues are being seen across a range of different food products. The most commonly identified Grey Market Goods in terms of food additives include, but are not limited to:
- Confectionery.
- Flavoured soft drinks.
- Ready to eat savoury snacks, including breakfast cereals and potato snacks.
- Food supplements.
In some cases, Grey Market Goods may also be unauthorised novel foods, however, this is out-with the scope of this guidance.