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Home > Nanotechnology Columns > Bergeson & Campbell, P.C. > EC Denies Authorization of Titanium Dioxide (E171) as a Feed Additive for All Animal Species, Requires Products Be Withdrawn from the Market in 2022

Lynn L. Bergeson
Managing Director
Bergeson & Campbell, P.C.

Abstract:
The European Commission (EC) published a regulation on November 30, 2021, in the Official Journal of the European Union that denies the authorization of titanium dioxide (E171) as an additive in animal nutrition, in the additive category "sensory additives," and in the functional group "colourants: substances that add or restore colour in feedingstuffs."

December 17th, 2021

EC Denies Authorization of Titanium Dioxide (E171) as a Feed Additive for All Animal Species, Requires Products Be Withdrawn from the Market in 2022

The European Commission (EC) published a regulation on November 30, 2021, in the Official Journal of the European Union that denies the authorization of titanium dioxide (E171) as an additive in animal nutrition, in the additive category "sensory additives," and in the functional group "colourants: substances that add or restore colour in feedingstuffs." See https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R2090 Under the regulation, existing stocks of the additive must be withdrawn from the market by March 20, 2022. Feed materials and compound feed produced with the additive or premixtures containing it before March 20, 2022, must be withdrawn from the market by June 20, 2022.

As reported in our October 13, 2021, blog item, the EC announced on October 8, 2021, that the Standing Committee on Plants, Animals, Food and Feed approved the EC's proposal to ban the use of titanium dioxide (E171) as a food additive. See https://nanotech.lawbc.com/2021/10/ec-standing-committee-approves-ec-proposal-to-ban-use-of-titanium-dioxide-e171-as-a-food-additive/ and https://ec.europa.eu/commission/presscorner/detail/en/MEX_21_5165 The European Union (EU) notified the World Trade Organization (WTO) of the draft regulation on October 13, 2021. See https://members.wto.org/crnattachments/2021/SPS/EEC/21_6541_00_e.pdf The regulation would remove the authorization to use titanium dioxide (E171) in foods. The text also includes a commitment to review the necessity to maintain titanium dioxide (E171) or otherwise delete it from the EU list of food additives for exclusive use as a color in medicinal products within three years of the regulation entering into force. To allow for a smooth transition, the regulation would allow foods that contain titanium dioxide (E171) used in accordance with the rules applicable before the date of entry into force to be placed on the market until six months after that date. Those foods may then continue to be marketed until their date of minimum durability or "use by" date. More information on the draft proposal is available in the EC's questions and answers on titanium dioxide. See https://ec.europa.eu/food/safety/food-improvement-agents/additives/re-evaluation_en#ecl-inpage-779

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