Table of Contents
Fundamentals
What Are Novel Foods?
Foods are considered „novel“ if they were not used to any significant extent in the EU for human consumption prior to 15 May 1997. The Novel Food Regulation (EU) 2015/2283 defines various categories of novel foods.
These include new plant extracts, insect protein, algal oils, UV-treated mushrooms, cell-based foods or certain vitamin forms. Before such a product may be placed on the market in the EU, it must be listed in the Union List.
Good to Know
The legal basis is the Novel Food Regulation (EU) 2015/2283. The specific authorised novel foods are listed in Implementing Regulation (EU) 2017/2470 (Union List).
Legal Framework
The Legal Framework
The Novel Food Regulation distinguishes several categories: foods with a new or intentionally modified molecular structure, foods from microorganisms, fungi or algae, foods from plants or animals produced in a novel way, and foods from cell or tissue cultures.
For each authorised novel food, the Union List specifies: the exact designation, the permitted food categories, maximum levels, labelling requirements and, where applicable, further requirements such as purity criteria or monitoring measures.
Practice
Authorised vs. Not Authorised – Examples
Whether a food is classified as novel depends on its usage history in the EU prior to 1997. Small differences can be decisive.
| Food | Status | Why? |
|---|---|---|
| Chia seeds (Salvia hispanica) | Authorised | Listed in Union List with maximum levels for various categories |
| Crickets (Acheta domesticus) | Authorised | Listed in Union List since 2023 (partially delipidated, powder form) |
| CBD extract (cannabidiol) | Not authorised | No entry in the Union List, authorisation application pending |
| Non-traditional plant extracts | Assessment required | Individual assessment – was the extract marketed in the EU prior to 1997? |
⚠ Caution
Even if a novel food is generally authorised, the conditions laid down in the Union List must be strictly complied with – in particular maximum levels, food categories and labelling requirements. Non-compliance can result in a prohibition on placing on the market.
Tool
Novel Food Checker
Check directly whether your novel food is listed in the Union List and under what conditions it is authorised.
Please note: The check is only available in German.
Novel-Food-Checker
DVO (EU) 2017/2470
Neuartiges Lebensmittel eingeben
207 Einträge in der Datenbank
Unsure about novel food?
I advise you on the legally compliant use of novel foods.
Note: This overview is based on Regulation (EU) 2017/2470 and the Union list of novel foods. It is provided solely for general guidance and without warranty. The search results do not constitute individual legal advice.
Risks
What Breaches Can Result In
Placing unauthorised novel foods on the market can result in significant legal consequences – competitors could issue warnings and demand cessation, and criminal prosecution is also possible.
Food safety authorities are increasingly monitoring online trading. Dietary supplements with novel ingredients in particular regularly attract the attention of the authorities.
When You Need a Lawyer
Having novel food issues?
As a food law attorney, I advise you on authorisation obligations and marketability.
Are you unsure whether your product is a novel food or whether it meets the requirements of the Union List? I am happy to advise you on the compliant use of novel foods and the prevention of official notices.