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Novel Foods: the recent decision of the European Court of Justice
- 13/10/2020
The European Court of Justice, Section III, with the recent decision of 1 October 2020 in case C-526/19, established that art. 1 par. 2, letter a) of the old Regulation (EC) 258/97, applicable ratione temporis to the procedure, must be interpreted as meaning that foods consisting of whole animals intended to be consumed as such, including whole insects, do not fall within the scope of that regulation, concerning novel foods and novel food ingredients.
The preliminary reference concerned the interpretation of the definition of "ingredients isolated from animals", contained in the aforementioned article. On this point, the Court held that this expression has a clear and precise meaning, such as to exclude "whole animals" and, consequently, also insects. These considerations must, in any case, be considered outdated by Regulation (EU) no. 2015/2283 which repealed and replaced regulation no. 258/97 expressly providing that whole animals, including insects, fall within its scope.
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