Definition and Legal Classification of Flavourings
Flavourings are substances or mixtures added to foods to influence their smell and/or taste. The legal definition and regulation of flavourings are strictly governed by European Union food law as well as German law. Legal requirements serve to protect consumers’ health, ensure transparency, and prevent misleading information about the nature of foods.
Legal Basis: EU and National Law
EU Regulations on Flavourings
The key European legal norm is Regulation (EC) No 1334/2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods. It is the main instrument of harmonisation within the internal market and includes:
- Definitions and classifications of flavourings
- Approval requirements and prohibition provisions
- Labelling obligations
- Lists of authorised substances
Other relevant legal acts include:
- Regulation (EC) No 1331/2008 (common authorisation procedure for food additives, enzymes, and flavourings)
- Regulation (EU) No 231/2012 (criteria for the specification of authorised substances)
- Food and Feed Code (LFGB) as national regulatory framework
National Provisions
In addition to EU legislation, German law includes specific clarifications, particularly in the Aromenverordnung (AromenV), which sets supplementary requirements regarding the application, control, and monitoring of flavourings.
Definitions and Classifications
Legal Definition
According to Art. 3(2)(a) of Regulation (EC) No 1334/2008, flavourings are “substances added to foods to give them a particular smell and/or taste or to alter their smell and/or taste.”
Types of Flavourings
The legal provisions differentiate between several categories:
- Natural flavourings: Obtained using physical, enzymatic, or microbiological processes from animal or plant-based raw materials.
- Nature-identical flavourings: Produced synthetically but chemically identical to natural flavouring substances.
- Artificial flavourings: Synthetically produced substances for which no natural equivalent exists.
- Smoke flavourings: Insofar as they are used during the smoking of foods and obtained by specific processes.
Approval and Positive Lists
Only flavourings and flavouring substances listed in the Union list of authorised substances (Annex I of Regulation (EC) No 1334/2008) may be added to foods. Novel flavourings must undergo a strict assessment process, including risk evaluation.
Authorisation Procedure and Safety Assessment
Risk Assessment and Authorisation
Before a flavouring is approved, a comprehensive assessment regarding its safety for health is conducted by the European Food Safety Authority (EFSA) . The evaluation includes toxicological tests, tests for allergenicity, and checks for carcinogenic, mutagenic, or reproductive toxicity properties.
Prohibitions and Restrictions
Certain flavouring substances are prohibited or restricted in their use (e.g. substances with known harmful effects or those whose safety cannot be established).
Labelling and Consumer Protection
Labelling Requirements
Packaged foods containing added flavourings must, according to Art. 9 of the Food Information Regulation (LMIV), be labelled in the list of ingredients as “flavouring” or with the respective specific designation (e.g. “vanilla flavouring”). If natural flavourings are used, the term “natural” may only be used if the requirements of Art. 16 of Regulation (EC) No 1334/2008 are met.
Other requirements include:
- Specification of the underlying source materials (“natural strawberry flavouring” only if at least 95 percent of the flavouring substance is derived from strawberries)
- No misleading claims regarding flavour or origin
Consumer Protection and Market Surveillance
Checks by authorities as well as mandatory notification requirements serve to protect consumers from health risks and misleading statements. Violations may result in fines, recalls, or marketing bans.
Misleading Information and Advertising Claims
The use of flavourings is particularly subject to the prohibition of misleading advertising (§ 11 LFGB). It is misleading, for example, to label as “natural” a flavouring of synthetic origin, or to suggest a higher fruit content than actually present.
Final Assessment
Flavourings are regulated in detail at both European and national levels. The legal provisions ensure a high level of consumer protection by setting requirements for approval, traceability, labelling, and market supervision. Market participants are obliged to comply with all requirements to ensure transparency and food safety for consumers. Violations can result in serious legal consequences.
Note: This text provides a legal overview and does not claim to be exhaustive. The current versions of the cited legal provisions should be checked in individual cases.
Frequently Asked Questions
Are flavourings in foods subject to labelling requirements?
Flavourings must, according to European food law, especially Regulation (EC) No 1334/2008 on flavourings and certain food ingredients with flavouring properties, be listed in the list of ingredients of packaged foods. In the ingredients list, the term “flavouring” or, for certain types, “natural flavouring” or “smoke flavouring” must be used. The precise designation depends on the origin and production of the flavouring (e.g. “natural vanilla flavouring”). Furthermore, since December 2014, the Food Information Regulation (LMIV) Regulation (EU) 1169/2011 stipulates that flavourings must be listed, but a quantitative indication of their amount is only mandatory for “emphasised” components. Unpackaged (loose) goods are partly exempt from the labelling requirement, provided they are supplied directly to end consumers and not pre-packaged, and national provisions must be observed.
What legal requirements apply to the safety of flavourings?
The safety of flavourings is subject to strict legal requirements in the EU. According to the EU Flavour Regulation 1334/2008, flavourings may only be used in foods if they do not pose a health risk to humans. All flavouring substances used in the EU are subject to an approval procedure, during which the European Food Safety Authority (EFSA) conducts a scientific assessment regarding toxicity and acceptable daily intake (ADI). Substances considered carcinogenic, mutagenic, or toxic to reproduction are strictly prohibited. The regulation also sets specific purity criteria and maximum levels for certain flavouring substances and establishes restrictions on usage conditions.
What is the legal distinction between natural and artificial flavourings?
“Natural flavourings” are clearly defined under EU law. According to Article 3 of Regulation (EC) No 1334/2008, only those flavourings obtained exclusively by physical, enzymatic, or microbiological processes from plant or animal sources may be described as “natural”. For the designation—such as “natural lemon flavouring”—the law requires that at least 95% of the flavour originates from the named source. Artificial or synthetic flavourings (also referred to as “flavouring substances”) are produced by chemical synthesis and may only be identified as “flavouring” without further specification. Misleading claims regarding naturalness are prohibited under the LMIV and the EU Flavour Regulation and may be punishable as an administrative offence or even as a crime.
Are there maximum levels for the use of flavourings?
For many flavouring substances, general maximum levels are not defined in the EU Flavour Regulation (“quantum satis”—in the amount necessary for the intended effect, provided there are no health concerns). Exceptions apply for certain substances that may be potentially harmful to health (such as some secondary plant substances or alcohols). For these, specific maximum levels are set out in Annex III of Regulation (EC) No 1334/2008. If these quantities are exceeded, the relevant flavouring or food may not be placed on the market. In addition, national regulations (for example, the Aromenverordnung in Germany) may contain stricter requirements.
Who is responsible for compliance with the legal requirements for flavourings?
The person responsible for compliance with all legal requirements regarding flavourings is, first and foremost, the food business operator who manufactures, processes, or distributes the respective food. They are obliged to ensure lawful labelling, safe use, and compliance with any maximum levels. Public control authorities, such as the state food inspection agencies in Germany, conduct random checks and examinations. Violations may result in mandatory recalls, fines, and, in serious cases, criminal consequences.
How must flavourings be listed in the ingredients list if they contain several components?
For compound flavourings or mixtures of several flavouring substances, only the generic term “flavouring” is required in the list of ingredients. A detailed breakdown of all individual components is not legally necessary, unless a specific component is subject to mandatory labelling (for example, allergens according to Annex II of the LMIV or specific additives that must be declared). For natural flavourings, the designation “natural flavouring” is also permissible, with indication of the source if applicable (e.g. “natural strawberry flavouring”).
What are the specific labelling requirements for smoke flavourings?
Smoke flavourings are subject to special rules under the EU Smoke Flavourings Regulation (Regulation (EC) No 2065/2003). They may only be used in foods after approval and a safety assessment by EFSA. The term “smoke flavouring” must be specifically used in the ingredients list. Furthermore, such products may not be misleadingly labelled as “smoked” if their flavour is solely due to smoke flavourings and not to traditional smoking. In such cases, labelling such as “with smoke flavouring” is required. Food inspection authorities regularly check such products for correct labelling as part of their activities.
