FSA: GB Novel Food Authorization Consultation on SPS Agreement Terms

• The Food Standards Agency is consulting on the authorisation of 16 novel food products, with submissions due by 16 November 2026.
• The UK Government is negotiating an SPS Agreement with the EU that could lead to dynamic alignment with EU food law.
• Under a proposed SPS Agreement, EU-authorised novel foods and their conditions would apply in Great Britain, and existing GB authorisations would become void.
• FSA's current risk assessments and proposed terms for these novel foods may differ from EU authorisations.
• If dynamic alignment occurs, EU authorisation conditions, including permitted food categories and maximum use levels, would apply in Great Britain.

Should the SPS Agreement be implemented, rules governing Great Britain would be continuously updated in tandem with changes to EU legislation over time.

The Food Standards Agency (FSA) has initiated a public consultation regarding the proposed authorisation of 16 distinct novel food products. This significant engagement period invites stakeholders to provide their perspectives and feedback on these applications, which encompass both entirely new authorisations and modifications to the use or specification of already approved novel foods. The consultation is open to a broad range of interested parties, including food businesses across England, Wales, and Northern Ireland, as well as local and port health authorities, district councils, and other entities concerned with food safety.

Among the specific substances under review are various forms of 2’-Fucosyllactose (2’-FL), including those produced by different derivative strains of Escherichia coli K-12, Corynebacterium glutamicum, and Escherichia coli BL21(DE3), with applications ranging from new authorisations for use in food and food supplements to modifications of existing uses or specifications. Also included are 2’-Fucosyllactose/Difucosyllactose (2’-FL/DFL) mixtures, 3′-Sialyllactose (3′-SL) sodium salt, and 3-Fucosyllactose (3-FL), each with similar categories of application. This comprehensive review aims to ensure the safety and appropriate regulation of these innovative food ingredients within Great Britain. The deadline for all submissions to this consultation is 11:59 pm on 16 November 2026, with Food Standards Scotland (FSS) conducting a parallel consultation for its jurisdiction.

This consultation takes place against the backdrop of ongoing negotiations between the UK Government and the European Union concerning a Sanitary and Phytosanitary (SPS) Agreement. The proposed terms of this agreement suggest a significant shift towards dynamic alignment, where the UK would adopt all EU legislation falling within the agreement's scope. This critical provision specifically includes market authorisations, although potential exceptions are still subject to negotiation. The implications for UK EU SPS Agreement food law are substantial, as the agreement's entry into force would fundamentally alter the regulatory framework for Great Britain novel food regulations.

Should the SPS Agreement be implemented, rules governing Great Britain would be continuously updated in tandem with changes to EU legislation over time. Crucially, any products already authorised by the EU, along with their specific conditions of authorisation, would automatically apply within Great Britain. Conversely, existing GB authorisations for novel foods would cease to be valid. This potential dynamic alignment EU food authorisation mechanism presents a complex future for food business compliance UK, requiring careful monitoring and strategic planning from all stakeholders.

The Food Standards Agency has already completed its risk assessments for the 16 novel food products currently under consultation, specifically evaluating their suitability for the food categories for which applicants sought authorisation in Great Britain. The FSA's proposed risk management measures and terms of authorisation, as detailed for each application, may currently diverge from those established within the European Union. This distinction is particularly relevant for substances like 2'-Fucosyllactose novel food GB, where specific use conditions might vary.

However, the potential for dynamic alignment under the SPS Agreement introduces a critical contingency. If such an agreement comes into effect, ingredients would only be permitted in the food categories explicitly included in the EU authorisation, even if the FSA's current assessment allows for broader use. Furthermore, in instances where the authorised food categories are identical in both Great Britain and the EU, the EU's authorisation conditions—including any maximum use levels and other risk management protocols—would supersede and replace the corresponding GB authorisation conditions. This prospective shift underscores the importance for food business compliance UK to engage with the consultation and prepare for a potentially harmonised, albeit externally driven, regulatory environment.

Lawyers advising food businesses in Great Britain should note this consultation as an opportunity to provide input on the authorization of 16 novel foods. Crucially, they must monitor the progress of the UK-EU SPS Agreement, as its implementation could lead to dynamic alignment with EU food law, fundamentally altering GB's novel food authorization framework and requiring a re-evaluation of existing and future product strategies for compliance.

Source: Original reporting via UK Government consultation document.