An emergency law having EU-wide application has recently been adopted, suspending the import and placing on the market of jelly confectionery containing the food additive E 425 konjac. Hong Kong traders selling this product in the Member States may also be forced to ensure that their products are removed from shops' shelves, if they are to fully comply with the new law.
The emergency law has been made possible due to the added, and significant, new powers of the Commission under framework food safety legislation adopted earlier this year. Regulation 178/2002 lays down the general principles and requirements of food law. In particular, it permits the Commission to suspend the placing on the market, or the use, of any food that is likely to constitute a serious risk to health, when it is not possible to contain such risk "satisfactorily" by means of national measures alone.
The emergency law, contained in Commission Decision 2002/247/EC, which has been adopted under the framework legislation notes that, although the use of the food additive E 425 konjac has hitherto been permitted at EU level, several Member States and third countries have already taken measures to temporarily prohibit it. The reasoning given is the risk of death, through choking, of children who swallow the contents of the mini-cup - despite the existence of printed warnings by some manufacturers which highlight the relevant risks. It is felt that the warnings are insufficient to protect young children.
As Hong Kong's food producers may already know, the additive E 425 konjac is used as a jelling agent and thickener in food products. Jelly mini-cups are mouth-sized servings, individual packaged, containing a small piece of preserved fruit including apple, mango, litchi or an assortment.
However, the emergency law does not cover only jelly mini-cups. To be sure,?the Decision states that:
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the placing on the market of jelly confectionery, including jelly mini-cups, containing E 425 konjac (konjac gum or konjac glucomannane), is suspended;
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the use of E 425 konjac (konjac gum or konjac glucomannane), in jelly confectionery, including jelly mini-cups, is suspended;
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the import of jelly confectionery, including jelly mini-cups, containing E 425 konjac (konjac gum or konjac glucomannane), is suspended.
The emergency law does not lay down a time period for the suspension. It is nonetheless apparent from the text that the Commission would like to see a permanent endorsement of its suspension, in the form of a modification to the EU legislation which thus far has allowed the use of konjac.
The Commission has also expressed its will to examine the risk of choking that may exist from the general use of jelling agents in jelly confectionery. It will come forward, if necessary, with further proposals, as appropriate.
It is therefore foreseeable that Hong Kong's sellers of konjac, and of confectionery containing it, could be facing a permanent ban, terminating or dramatically reducing the use of konjac in confectionery sold on the EU market. Such action may be extended, if this is considered necessary, to other jelling agents used and sold in the EU.
