Testing for marketability

 

The principle of freedom of approval in food law

In principle, food may be brought onto the European market without prior approval. This principle of freedom of authorization is anchored in the basic food regulations (Regulation (EC) No. 178/2002). “Putting on the market” means making food or feed available for sale or for any form of free or gratuitous transfer, whether for a fee or not. This includes sales and any other form of distribution, whether by sale or other forms of mere disclosure. The term “placing on the market” therefore encompasses all the steps that lead to the production of foodstuffs that are ready for the market. It is broad and includes not only the sale itself, but also distribution and other types of transfer of goods. The purpose of the sale includes not only the express sale of foodstuffs, but also other forms of transfer of goods, regardless of whether they are paid or free of charge.

​

We at UFC. support you in bringing your dietary supplements and foods for special medical purposes to market in accordance with applicable European and national requirements.

​

There are various points to consider here:

​

1. Additives, colors, flavors, enzymes and ingredients: It must be checked whether the use of these ingredients is permitted and the prescribed maximum amounts are not exceeded. EU Regulation No. 1333/2008 harmonizes existing regulations on food additives, flavors and enzymes at EU community level.

​

2. Labeling: We ensure that botanical and taste certificates and required information are correctly displayed on the label.

​

3. Distinction between food and medicine: We clarify whether your product is a food or a medicine, as this entails different legal requirements.

​

4. Novel Food: We check whether it is a novel food that requires special approval.

​

5. Health claims: We monitor whether health claims are advertised and whether they comply with legal requirements, including the regulation of nutritional claims.

​

6. Definition of food: We clarify whether your product meets the definition of food according to Article 2 of Basic Regulation (EC) 178/2002, which states that it is anything that enters the human body. There are products that are intended for general consumption, but also areas with special regulations.

​

7. Dietary supplements: We take into account the special rules and registration requirements for dietary supplements.

Trust [your company name] as your experienced partner in food law. We are at your side to ensure that your products meet the highest quality and legal standards and can be successfully placed on the market.