Regulation (EC) No 1333/2008 of the European parliament and of the Council on food additives defines processing aids as any substance which

• is not consumed as food by itself
• is intentionally used in the processing of raw materials, foods or their ingredients to fulfil a certain technological purpose during treatment or processing, and
• may result in the unintentional but technically unavoidable presence in the final product of residues of the substance or its derivatives provided they do not present any health risk and do not have any technological effect on the final product.

From the above, it follows that processing aids are not food ingredients and, therefore, are not included on food labels.

At present there is no specific legislation governing this type of substance (except extraction solvents and enzymes) but sectoral legislation exists which authorises their use and establishes positive lists of processing aids which can be used in the different industrial processes for obtaining fruit juices, soft drinks, sugar, beer, vegetable oils, etc. One example of this sectoral legislation is Royal Decree 1052/2003, dated 1 August, which approves the Technical and sanitary regulations governing certain sugars destined for human use.

If there is no specific regulation governing a particular food, for example washed and ready-to-use fresh fruit and vegetables, no processing aids are authorised for use in their processing. Nevertheless, this does not prevent their use provided that the use of the aid is proven to be safe. In other words the operator must be able to reliably guarantee that the foods they market are safe, in accordance with that established in Regulation (EC) No 178/2002, dated 28 January 2002, of the European Parliament and of the Council, laying down the general principles and requirements of food law, establishing the European food Safety Authority and laying down procedures in matters of food safety.

In this respect, the AESAN has published "Guidelines indicating the necessary documentation for the assessment of processing aids intended for use in human food", the objective of which is to specify the information required for the authorisation of the use of a processing aid in human food, in conditions that guarantee the consumer’s safety.

Lastly, those processing aids not included in the positive lists, but which are authorised in other Member States, may be used in Spain with the identical restrictions and limitations existing in that Member State, for this purpose, in accordance with the principle of mutual recognition. The above is without prejudice to the responsibility of food company operators, on the basis of that established in Regulation (EC) No 178/2002. To demonstrate said compliance, the appropriate documentation shall be available, at the disposal of the competent official authorities of control should they so require.         

approving the positive list of extraction solvents used in the production of foodstuffs and food ingredients

30.08.2011

Spanish Royal Decree 1101/2011 approving the positive list of extraction solvents used in the production of foodstuffs and food ingredients was published in the Spanish Official State Gazette of 30 August 2011.

This regulation implements the changes imposed by a 2010 Directive, updating the list of substances evaluated by the European Food Safety Agency as processing aids approved for the treatment of food raw materials. Substances approved have thus been subject to prior scientific evaluation in order to certify them as safe for consumer use.

To clarify the Spanish regulation, Spanish Royal Decree of 1990 in force, which had been amended twice already, was to be rewritten into a single text which replaces and repeals the previous regulation.

The new regulation also establishes the purity criteria that substances shall fulfil to be used in the manufacture of food products and the information that shall be stated in labels attached to packaging.

Therefore, it is a regulation aimed at the food industry sector that uses this type of extraction solvents in the manufacture of food products and their ingredients, as well as at manufacturers of extraction solvents, which will allow them to use safer substances. Above all else, it is a public healthcare interest regulation intended to improve the safety of food products.

Failure to comply with the provisions of this Royal Decree shall be punishable pursuant to the terms of the recently adopted Act on Food Safety and Nutrition.