NORWAY STRENGTHENS RULES ON ADDITION OF NUTRIENTS AND USE OF OTHER SUBSTANCES / by Nikolaas Tilkin-Franssens

A recent Norwegian amending act creates additional rules on the addition of vitamins and minerals and the use of other substances in foods. The positive list of permitted other substances is also applicable to use in food supplements. The amendment makes that Norway is taking a stricter approach on the addition of vitamins and minerals to foods than the general European Union approach.

European Union Regulation 1925/2006 indicates the vitamins and minerals and their respective sources which may be added to foods but does not specify any food categories nor does it establish maximum levels. Norway, as part of the European Economic Area, enforces the EU Regulation but has adopted additional legislation indicating which vitamins or minerals can be added to a particular food category as well as establishing maximum levels applicable for these categories.

The restrictions are however not completely limiting. Foods which do not comply with the restrictions can be marketed when duly notified and by submitting the information specified in the new Appendix 2 of the Norwegian Regulation on the Addition of Vitamins and Minerals to Foods (Forskrift om tilsetning av vitaminer, mineraler og visse andre stoffer til næringsmidler). Note that notification of fortified foods and food supplements at time of placing on the market in Norway is always required. The amendment exempts the obligation for foods which only contain added sodium, chloride and potassium.

Further, the amendment establishes a list with a number of other substances which may be added to foods including food supplements. The list also holds conditions of use for these substances. Foods which do not meet these conditions can be marketed if notified together with the required information under Appendix 4. There is also the possibility to make an application for the addition of other substances to foods and food supplements which are not on the positive list. Different to notification for foods and food supplements that do not meet the conditions of use, the Norwegian Food Safety Authority has to give formal permission for the use of non-listed other substances.

The new set of rules will apply from 1 January 2020.

Forskrift om endring i forskrift om tilsetning av vitaminer, mineraler og visse andre stoffer til næringsmidler (Regulations on amendments to regulations on the addition of vitamins, minerals and certain other substances to foods) (1 July 2019) - link