EU set New Reduced Limits for the Use of Nitrites and Nitrates as Food Additives

On October 9th, 2023, the COMMISSION REGULATION (EU) 2023/2108 was published. This regulation amends Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council. It also amends the Annex to Commission Regulation (EU) No 231/2012. These amendments pertain to food additives, specifically nitrites (E 249-250) and nitrates (E 251-252).

Ensuring Food Safety: New Nitrite and Nitrate Limits in the EU

The European Commission has set up new reduced limits for nitrites and nitrates as food additives. The purpose of these limits is to ensure that food in the EU is as safe as possible for consumers. They aim to protect them from carcinogenic substances as part of the actions under Europe’s Beating Cancer Plan.

The maximum levels of nitrites (E 249 and E 250) and nitrates (E 251 and E 252) in foods currently laid down in Regulation (EC) No 1333/2008 are based on the opinions from the Scientific Committee for Food of 1990 and 1995 as well as on the opinion of the European Food Safety Authority (‘the Authority’) of 26 November 2003. They are expressed as ‘added amount’, where possible, as according to the Authority the added amount of nitrites, rather than the residual amount, contributes to the inhibitory activity against C. botulinum.

Stricter Limits: Impact on Food Business Operators

These new significantly reduced limits protect against pathogenic bacteria (e.g., Listeria, Salmonella, Clostridia), as well as reduce the exposure to nitrosamines, some of which are carcinogenic. EFSA conducted a stringent scientific assessment, and the Member States unanimously endorsed the new limits last spring.

The new stricter limits take into account the diversity of products and their manufacturing conditions across the EU. They give a clear signal to the industry and smaller producers that it is time to address the challenges posed by the presence of nitrites and nitrates in foods across the EU, and along the whole food chain. Food business operators will now have two years to adapt to these new limits.

This Regulation reduces the amounts of nitrites and nitrates laid down in Regulation (EC) No 1333/2008 for the following food categories, establishing periods of application for their use at the different maximum permitted levels:

• 01.7.2. Ripened cheese
• 01.7.4. Whey cheese
• 01.7.6. Cheese products (excluding products falling in the dessert category )
• 01.8. Dairy analogues, including beverage whiteners
• 08.2. Meat preparations as defined in Regulation (EC) No 853/2004 
• 08.3.1. Non-heat-treated meat
• 08.3.2. Heat-treated meat products 
• 08.3.4.1. Traditional immersion cured products (Meat products cured by immersion in a curing solution containing nitrites and/or nitrates, salt and other components)
• 08.3.4.2. traditional dry cured products (Dry curing process involves dry application of curing mixture containing nitrites and/or nitrates, salt and other components to the surface of the meat followed by a period of stabilisation/maturation)
• 08.3.4.3 Other traditional and traditionally cured products (including immersion and dry cured processes used in combination or where nitrite and/or nitrate is included in a compound product or where the curing solution is injected into the product prior to cooking)
• 09.2. Processed fish and fishery products including molluscs and crustaceans

Furthermore, the maximum limits for the presence of lead, mercury and arsenic in nitrites (E 249 and E 250) and nitrates (E 251 and E 252) laid down in the specifications set out in the Annex to Regulation (EU) No 231/2012 are also reduced.

Article 3 of this Regulation provides transitional periods for food business operators to adapt to the Regulation.

This Regulation shall enter into force on the 29th October 2023.

Our Services: Nitrates and Nitrites Quantification and Quality Assurance

Mérieux NutriSciences provides a wide range of services (including testing) to food manufacturers for nitrates and nitrites quantification and our consultants and Silliker Food Science centres team can support you in formulation, challenge test and shelf life studies, sensory consumer acceptance to assure the quality and consumer standards and to meet these new levels.