NOTE: The legislation on smoke flavourings has changed. In 2024, the renewal of the authorisation for 8 smoke flavouring primary products was refused. There is now a transitional period in place (see below) after which these flavourings will no longer be permitted for use in the EU.
Smoking is traditionally used to help preserve certain foods such as fish, meat and dairy products and the smoking process can also changes the flavour and texture of foods.
Smoke flavourings are an alternative to traditional smoking methods, and can be used on a range of different foods to give a “smoked” flavour. They can also be added as an ingredient to foods which are not traditionally smoked (such as soups, sauces or snacks).
Smoke flavourings are produced from smoke collected following the controlled burning of wood, which is then subjected to fractionation (a process that uses heat to separate a substance into its components) and purification.
Smoke Flavourings
Please see further information below.
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2024 Updates to Smoke Flavouring Legislation
Regulation (EU) No 1321/2013 lists the smoke flavouring primary products that are authorised for use in the EU and their conditions of use. Currently, there are 8 smoke flavouring primary products (SF-001, SF-002, SF-003, SF-004, SF-005, SF-006, SF-008 or SF-009) authorised for use in or on food, following the removal of 2 smoke flavouring primary products (SF-007 and SF-010) from the Union list. Please refer to the press release on this matter here.
The remaining 8 smoke flavourings were re-evaluated by the European Food Safety Authority (EFSA). More information on EFSA’s findings can be found here. In summary, EFSA couldn’t rule out genotoxic (harmful health effects caused by damage to DNA) concerns for any of the 8 smoke flavourings. As a result, the decision was made to remove the authorisation for these 8 smoke flavourings. However, a transitional period was introduced to allow time for food producers to adapt and to find alternatives. This transitional period is provided in Commission Implementing Regulation (EU) 2024/2067 of 31 July 2024 which amends Implementing Regulation (EU) No 1321/2013 as regards the deletion of entries SF-001 to SF-010 from the Union list of authorised smoke flavouring primary products.
The transitional period specifies that:
- Foods containing any of the 8 smoke flavouring primary products may continue to be placed on the market and remain on the market until their date of minimum durability or use by date if they are placed on the market before the following dates:
- 1 July 2029 for food categories 1.7. (Cheese and cheese products), 8. (Meat), 9.2. (Processed fish and fishery products including crustaceans and molluscs), 9.3. (Fish roe) and their corresponding sub-categories
- 1 July 2026 for all other food categories.
This transitional period is provided in Commission Implementing Regulation (EU) 2024/2067 of 31 July 2024 and amends Implementing Regulation (EU) No 1321/2013 as regards the deletion of entries SF-001 to SF-010 from the Union list of authorised smoke flavouring primary products.
- Foods containing any of the 8 smoke flavouring primary products may continue to be placed on the market and remain on the market until their date of minimum durability or use by date if they are placed on the market before the following dates:
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How are smoke flavourings regulated in the EU?
Please ensure you are reading the most up to date (“consolidated”) version of the EU legislation. See how to do that on this page here.
Smoke flavourings are regulated separately from other flavourings as they are composed of complex mixtures of substances derived from specific processes which differ from traditional smoking processes.
Regulation (EC) No 2065/2003 (OJ L 309, p1, 26.11.2003) of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods. This Regulation applies to:
- smoke flavourings used or intended for use in or on foods;
- source materials for the production of smoke flavourings;
- the conditions under which smoke flavourings are prepared;
- foods in or on which smoke flavourings are present.
This Regulation provides for the scientific evaluation of primary smoke condensates and primary tar fractions, i.e. ‘primary products’, in terms of the safety of their use as such and/or for the production of derived smoke flavourings intended for use in or on foods.
The European Food Safety Authority (EFSA) assesses the safety of smoke flavourings which are used or intended for use in the EU on the basis of applications submitted by companies for market authorisation. In 2021, EFSA published an updated Guidance on the submission of applications as required under Regulation (EC) No 2065/2003 to assist applicants in the preparation of applications on smoke flavouring primary products. The Guidance describes the scientific data to be included with all applications for the authorisation of new smoke flavouring primary products.
Commission Implementing Regulation (EU) No 1321/2013 (OJ L 333, p54, 12.12.2013) of 10 December 2013 establishes the Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke flavourings. This Regulation entered into force on the 1 January 2014.
Commission Implementing Regulation (EU) 2024/2067 (OJ L, 2024/2067, 1.8.2024) of 31 July 2024 amends Implementing Regulation (EU) No 1321/2013 as regards the deletion of entries SF-001 to SF-010 from the Union list of authorised smoke flavouring primary products.
Commission Regulation (EC) No 627/2006 (OJ L 109, p3, 22.04.2006) of 21 April 2006 implementing Regulation (EC) No 2065/2003 of the European Parliament and of the Council as regards quality criteria for validated analytical methods for sampling, identification and characterisation of primary smoke product.
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Labelling of smoke flavourings
In accordance with Regulation (EU) No 1169/2011, labelling of a food should not mislead consumers as to whether the product is smoked conventionally with fresh smoke or treated with smoke flavourings.
Annex VII Part D of Regulation (EU) No. 1169/2011 specifies that the designation ‘smoke flavouring(s)’, or ‘smoke flavouring(s) produced from “food(s) or food category or source(s)” (e.g., smoke flavouring produced from beech), may only be used if the flavouring component contains flavourings as defined in Article 3(2)(f) of Regulation (EC) No 1334/2008 and imparts a smoky flavour to the food.
Regulation (EC) No 1334/2008 defines ‘smoke flavouring’ in Article 3(2)(f) as meaning a product obtained by fractionation and purification of a condensed smoke yielding primary smoke condensates, primary tar fractions and/or derived smoke flavourings as defined in points (1), (2) and (4) of Article 3 of Regulation (EC) No 2065/2003.
For example:
1. A smoke flavouring added to a meat product which imparts a smoky flavour to the food should be designated as:
‘smoke flavouring’
Or
‘smoke flavouring produced from beech’Only smoke flavourings should be labelled as such. Foods that contain flavourings that give a “smoked” flavour or taste, but are not smoke flavourings, also shouldn’t be labelled like smoke flavourings. Instead, in the list of ingredients they should be mentioned simply as “flavourings”, in accordance with Part D of Annex VII to Regulation (EU) No 1169/2011. However, the product name may still contain a reference to the smoked flavour or taste, for example “smoke flavoured…” or “…with smoked taste”.