Taste trials describe a form of sensory evaluation conducted for food research and development focused on assessing characteristics such as taste, texture and aroma. This guidance applies only to these taste trials. It does not apply to clinical trials or studies that investigate health, safety or physiological effects.
This supplementary guidance has been developed in response to feedback from industry and should be read in conjunction with the FSA and FSS’s published guidance on the conduct of taste trials involving novel foods or foods produced by novel processes.
Conducting a taste trial of an unauthorised novel food
A taste trial of an unauthorised novel food is only lawful when it is carried out strictly for research and development (R&D) purposes. This is because unauthorised novel foods cannot legally be placed on the market, and a taste trial is only acceptable where it does not constitute ‘placing the food on the market’.
In line with the published guidance, companies are strongly advised to:
- conduct a thorough risk assessment
- obtain independent ethics committee approval
- ensure fully informed, written consent from all participants
- keep detailed documentation and records
- conduct the trial in a controlled, closed setting
- avoid publicity before the trial
When these conditions are met, a taste trial can be undertaken without the food being considered ‘placed on the market’, allowing the trial to proceed without breaching novel food legislation in GB. However, the relevant local authority decides whether an activity counts as placing food on the market based on the specific facts and circumstances.
Definition of ‘placing a novel food on the market’ in relation to taste trials
In food law, ‘placing on the market’ means making a food available to any third party, in any way. This includes:
- selling it
- giving it away
- supplying samples
- distributing it
- otherwise making it accessible beyond a strictly controlled research and development (R&D) setting
Placing an unauthorised novel food on the market, including any form of transfer whether free of charge or not, is unlawful. Any movement of the product outside of a strictly managed taste trial environment can therefore constitute market placement.
Taste trials of unauthorised novel foods may be permissible where they are conducted strictly for R&D purposes, in line with the Advisory Committee of Novel Foods and Processes (ACNFP) guidance, with controlled participation and no sale, distribution, or marketing activity.
By contrast, taste trials conducted primarily for marketing, promotional, or public relations purposes (for example, where there is no demonstrable R&D objective) are likely to be considered unauthorised placing on the market, which is unlawful.
After a taste trial has taken place, you can communicate that it happened through media activity, as long as any publicity is secondary to the R&D purpose of the trial.
Importantly, the decision whether a particular activity constitutes ‘placing on the market ultimately lies with the relevant enforcement authority. In most cases, this will be the local authority where the taste trial has taken place, which will assess based on the specific facts and circumstances of the case.
The role of the local authority in a novel food taste trial
There is no requirement to get approval from a local authority before conducting a taste trial. However, engagement is recommended to support compliance and assure the local authority of how the tasting is in line with the ACNFP guidance.
The local authority is responsible for determining, as part of its enforcement role, whether a taste trial in its area falls within legitimate R&D activity or constitutes unauthorised placing on the market. This includes considering whether the trial is being conducted strictly for R&D purposes and in line with the ACNFP guidance.
Should the local authority determine, based on the specific facts and circumstances, that an activity amounts to placing a novel food on the market, they are responsible for taking enforcement action where food law is breached.
The involvement of local authorities in novel food taste trials is not a new or additional requirement for cell-cultivated products or any other novel food. Local authorities are the established enforcement authorities for consumer‑facing food businesses, small production premises, and novel foods, and their role in overseeing R&D‑focused activities such as taste trials follows the established food regulatory framework.
You can find details of your local authority food team via the FSS website.
Engagement with the local authority before conducting a taste trial
You are encouraged to engage early with the local authority food team in the area where the taste trial will take place, and where you choose to do so, to provide information that allows the local authority to understand the purpose and nature of the proposed activity.
The local authority may consider, as part of their enforcement role, whether the activity amounts to placing a novel food on the market. Where it does, the activity cannot be treated as an R&D taste trial.
To support the local authority’s understanding of the taste trial, where engagement takes place, you are encouraged to provide sufficient information about the proposed trial, including how it is designed and managed in line with the ACNFP guidance. The local authority may review this information as part of its wider food safety and enforcement functions, including considering whether the trial is being conducted in accordance with that guidance.
As local authorities are responsible for enforcement decisions, early engagement is recommended. How a local authority chooses to manage these discussions, including what information they request, is at their discretion, and may vary between authorities.
Review of risk assessments for taste trials
There is no formal submission process for taste trials. You are expected to review the guidance and ensure they meet its requirements. As part of that, you should hold relevant documentation such as a risk assessment, review by an independent ethics committee, participant consent forms, and records of the trial design.
Taste trials carried out for R&D purposes are not considered to be placing food on the market. Because they fall outside the legal scope of market authorisation processes, the FSA and FSS have no statutory remit to review, approve, or comment on the risk assessments for these activities.
The business doing the trial is responsible for preparing, maintaining and following a risk assessment for the taste trial. This risk of conducting the trial, and the responsibility for controlling this risk, sits with the business.
As part of their process for assuring themselves that a novel food taste trial is being carried out for R&D purposes, the local authority may request information on the risk assessment, including before or after the trial, where this is relevant to their enforcement role.
Responsibilities of businesses when undertaking a novel food taste trial
You are responsible for ensuring that a novel food taste trial is conducted safely, lawfully, and in accordance with the FSA and FSS guidance and ACNFP principles. This includes:
- ensuring that the novel food to be consumed is safe, in line with General Food Law
- acting in line with the guidance on the conduct of taste trials published by the ACNFP, which includes:
- conducting a thorough risk assessment. The FSA and FSS do not review or approve risk assessments
- obtaining independent ethics committee approval
- ensuring fully informed, written consent from all participants
- keeping detailed documentation and records
- conducting the trial in a controlled, closed setting
- avoiding publicity before the trial, ensuring any communication afterwards is strictly secondary to the R&D purpose
- demonstrating that the activity is exclusively for R&D and does not constitute placing an unauthorised novel food on the market
- implementing appropriate hygiene and food safety controls at the venue where the trial will take place
- ensuring that any import of materials used in the taste trial is lawful, including compliance with:
- relevant food import rules
- customs requirements
- applicable country-specific controls
The FSS and FSA recommend engaging early with the relevant local authority and being prepared to provide information requested by them to support their food safety oversight role.