Written by Aaron Gupta
The Managing Director of Kanegrade, Aaron has over a decade of experience in Flavours, Natural Colours and Fruit Powders as well as other ingredients. Passionate about technical, regulatory and quality matters, as well as delivering great taste experiences with consumer products.
Liquid smoke flavouring has become a topic of intense discussion in the food industry, with upcoming changes to EU regulations sparking debate about their use and forcing manufacturers to reformulate with alternatives.
But why have the changes been made?
This article will explore differences in the new regulations and their scientific basis, and will also examine the impact on food manufacturers and discuss potential substitutes for legacy smoke products.
By understanding these new rules and how to use alternatives, NPDers and industry professionals can continue to incorporate the smoky notes consumers love, whilst complying with the latest EU law.
Overview of EU Regulations on Smoke Flavourings
Existing smoke flavourings are complex mixtures of substances derived from specific processes that differ from traditional smoking. Liquid smoke flavouring is commonly added to various products, including meat, fish, cheese, soups, sauces, drinks, crisps, and even confectionery. They impart only a smoky flavour without the additional preservative function gained from traditional smoking.
Previous EU regulations
The European Union has long erred on the side of caution over smoke flavourings, recognising the need for strict regulations to ensure consumer safety. Regulation (EC) No 2065/2003 implemented on 10th November 2003, established the framework for regulating smoke flavourings used in or on foods.
This regulation outlined the conditions under which smoke flavourings could be prepared and used, and it applied strict rules to source materials, preparation methods, and foods containing these flavourings.
Ten years later, Commission Implementing Regulation (EU) No 1321/2013 came into effect on 1st January 2014 and went further. This established the Union list of authorised smoke flavouring primary products, and listed 10 specifically approved products with their corresponding manufacturers and granted a 10-year authorisation period set to expire on 1 January 2024.
Reasons for the regulatory changes
The European Food Safety Authority (EFSA) has been responsible for the ongoing safety assessment of smoke flavourings intended for use in the EU. In 2022, EFSA conducted a thorough evaluation of the permitted smoke flavouring products up for renewal.
With recent advancements in analytical techniques leading to new scientific findings the EFSA Panel on Food Additives and Flavourings concluded they could not rule out concerns regarding genotoxicity for the majority of the assessed smoke flavourings. Genotoxicity refers to the potential of a substance to damage genetic material within cells, which may increase the risk of cancer and inherited diseases.
Crucially, EFSA stated that it was not possible to define a safe level of consumption for this type of toxicity. This finding aligns with the EU’s Precautionary Principle, which emphasises taking preventive action in the face of potential risks, even when full scientific certainty is lacking.
As a result of these findings, in December 2022, the European Parliament and the Council of the European Union reached a political agreement on the revised regulation, and the European Commission proposed not to renew the authorisation of eight {remaining} smoke flavourings for food.
What is banned?
The ban specifically targets the artificial smoke flavourings defined in Commission Implementing Regulation (EU) No 1321/2013 which are:
- Azelis Scansmoke PB 1110
- Mastertaste Zesti Smoke Code 10
- Symrise AG Smoke Concentrate 809045
- Azelis Denmark A/S Scansmoke SEF 7525
- Red Arrow Products Company LLC SmokEz C-10
- Red Arrow Products Company LLC SmokEz Enviro-23
- Nactis TradismokeTM A MAX
- ProFagus Gmbh proFagus-Smoke R709
- Kompozíció Kft Fumokomp
- AROMARCO, s.r.o AM 01
Once adopted, the manufacturing, import, export, and placing on the market of food and beverages containing these banned smoke flavourings will be prohibited as part of a broader effort to protect public health from potential cancer risks.
When is the ban adopted?
The ban is set to come into effect on 1 January 2025, however, Regulation (EU) 2024/2067 of 31 July 2024 which has been created to implement the ban, sets phase-out periods for products to allow time for producers and operators to redevelop products to adapt to the new rules.
The transitional period allows for the sale of products that were lawfully placed on the market before the ban takes effect, and the transition periods vary depending on the product category:
Traditional foods: For products like hams, fish, and cheeses that use these smoky flavourings as a substitute for traditional smoking methods, the phase-out period is five years, ending in 2029.
Food Products: For items such as crisps, soups, and sauces where the smoke flavouring is added solely for extra taste, the phase-out period will be two years, ending in 2026.
To stay ahead of the curve, many manufacturers have already been finding alternative options without waiting until it is fully implemented.
Impact on food manufacturers
The ban on these liquid smoke ingredients is expected to have a widespread impact across the food industry. Major producers will need to change their formulations. For instance, Unilever’s Unox brand, which makes 16 million ‘rookworsten’ or smoked sausages per year using the banned ingredients, will have to reformulate their products.
In Ireland, the Kerry Group has warned that the ban could cause ‘major economic harm’. The food company estimates that up to 40% of the ham and bacon sold in Ireland relies on the now-restricted smoking method.
Not all reactions to the EU’s decision from food manufacturers has been negative, with some companies seeing this as an opportunity to explore natural, potentially safer alternatives to liquid smoke flavouring. The new regulations have prompted food and beverage manufacturers across the EU to innovate and rapidly reformulate their products with alternatives.
Alternative options to banned Smoke Flavourings
1. Natural smoke-type flavourings
One approach to replacing liquid smoke ingredients involves the use of natural smoke-type flavourings. These are formulated with permitted flavouring substances to closely match the profile of traditional smoke flavourings without using actual smoke condensates. These can mimic conventional smoky flavour notes and can meet natural, vegan, non-GMO, Halal, and Kosher compliance expectations, making them suitable for a wide range of applications including meat, fish, cheese, dairy, snacks, and beverages.
2. Grill flavourings
Another option for food manufacturers is the use of grill flavourings. These are produced through proprietary processes involving the heating and cooling of oil, to impart authentic barbecue tastes to food products. Grill flavourings can serve as a viable substitute for liquid smoke ingredients, offering a similar depth of flavour without the regulatory concerns associated with traditional smoke flavourings.
3. Smoked ingredients
Smoked ingredients have emerged as a promising alternative to liquid smoke flavouring. These include smoked sugar, onion powder, garlic powder, as well as smoked carriers such as maltodextrin, oil and even water. The smoking process involves exposing selected ingredients to smoke generated through the burning of specific woods in a smoking chamber. This method allows manufacturers to achieve a taste profile that closely resembles that of smoke flavouring while complying with new regulations.
4. Combinations of the above
Some companies including Kanegrade are using combinations of the above techniques and raw materials to closely replicate smoke flavours which were previously permitted, and these can be more easily modified to get the exact smoke nuance required in your final product: whether that be oak, hickory, applewood, mesquite and others.
Reformulation strategies
As the industry adapts to the changes in smoke flavouring legislation, it’s crucial for food manufacturers to work closely with flavour experts and ingredient suppliers, which will help in developing smoke solutions that work in their application. Manufacturers may also consider using a perfected smoke ingredient as an alternative to traditional smoking of their products, which has become increasingly burdened with costs and environmental constraints.
Conclusion
The latest EU regulation changes on liquid smoke flavourings has, and continues to have a significant impact on the food industry, prompting manufacturers to rethink their ingredient choices for smoked flavour profiles.
These changes, rooted in EFSA’s scientific findings about potential health risks, reflect a growing emphasis on consumer safety in food production. As a result, companies are exploring various alternatives to maintain the beloved smoky taste in their products while complying with new regulations.
Do you need an alternative to smoke flavouring which complies with the latest EU legislation? Contact us at Kanegrade to talk further.
