Plant-based regulation: A growing and evolving playing field
Foods and ingredients that are fundamentally “plant-based” encompass a wide range of items on the market. After all, we should never forget that that the majority of the human diet is (and has always been) “plant-based” in nature.
The dynamic mainstreaming of plant-based
When it comes to the notion of “plant-based,” the main change observed over the past years is the change in their use and marketing. A dynamic mainstreaming of “vegetarian,” “vegan,” and more recently “flexitarian” diets, has made these ingredients more visible to a consumer who wants to be sure that what they have on their plate is fully “plant-based.”
Most of these foodstuffs are traditional ingredients that have a long history of safe use. As a result, they do not require specific pre-approval and fall within the general provision of general food law in the EU. However, some new ingredients and products may fall within the remit of the Novel Food (Regulation (UE) 2015/2083) or Food Additives Regulation (Regulation (EC) No 1333/2008) depending on their intended use. In these two cases, they will need to go through a safety evaluation from the European Food Safety Authority (EFSA) and an approval at the European Commission level before they can be marketed. Traditional plant-based foods from third countries that have a long history of safe use outside the EU also fall under the Novel Food Regulation but will go through a simplified evaluation procedure.
The EU regulatory framework only contains a limited number of provisions on plant-based foods for which specific compositional criteria must be fulfilled. These are typically linked to their denomination. This is the case for protected indications, or for products mentioned in the Common Market Organization (e.g., “virgin olive oil”), and products that have received approval as either a novel food or as a food additive (where a labeling is proposed in regulation).
Looking beyond the EU, Codex has set standards for some proteins (wheat and soy) and textured vegetable protein and associated general requirements. In other geographies, so-called “plant-based alternatives” to meat/dairy have to respond to compositional criteria.
The growing need for consensus
Most of the current debate within the plant-based space lies in the designation of plant-based foods designed to replace animal-based counterparts. This is to ensure adequate consumer information and loyalty. Several court rulings at EU level and national guidelines at Member States level released over the past years have shaped the way they can be denominated on shelves and in advertising.
However, there is still a lack of uniformity and consensus in the EU for those denominations. As a result, food business operators face difficult risk management decisions when it comes to finding the adequate denomination and positioning of the products. This is especially the case for plant-based alternatives to milk, milk-based, and meat products. Most of the provisions tend to protect terms that have been traditionally used by the meat and dairy industries, as well as to ensure that protected indications are not misused.
Finally, even the “plant-based” claim itself is being discussed to determine what it should encompass (or not). Amid this drive, the British Standards Institution (BSI) released a standard back in 2020. The expansion of this initiative is currently being discussed at an ISO level so that companies and countries can find alignment for the sake of clarity for the final consumer. As a result, a “plant-based” claim would find a clearer place alongside “vegetarian”/ “vegan” claims, which must meet criteria set by national/international standards, or certification programs.
The coming years will be very interesting to follow as the plant-based space continues to evolve, and its identity becomes clearer. Regulation is ultimately always about defining a common framework that can support consumers in making safe, healthy and informed choices. The plant-based regulation space will be no exception.
Amid all this change and ongoing debate, Cargill regulatory teams will continue to keep an eye on regulation evolution for you!
Eric Chappuis
Senior Scientific & Regulatory Affairs Manager, Cargill