What is a novel food? 

Novel foods are classed by law as foods that don't have a ‘significant history of consumption’ by people in the United Kingdom or European Union (EU) before 15 May 1997. 

Examples of novel foods include:

• foods containing novel ingredients such as cannabidiol (CBD)
• new foods such as spreads with dietary additions to reduce cholesterol
• traditional foods eaten elsewhere in the world such as chia seeds
• foods produced using novel treatments such as using ultraviolet (UV) light to increase the level of vitamin D in bread

Food Standards Scotland is responsible for novel food regulations in Scotland.

Visit the FSA website to view the novel foods authorisations register.

Is your product a novel food? 

If you're not sure whether your product would be categorised as a novel food or not, you can check its status on the EU novel food catalogue. This catalogue will give a good indication of if the food has a significant history of consumption in the EU prior to 15 May 1997. Please note that the catalogue is not exhaustive and some novel products may not appear in the catalogue.

If you're still unsure if your product is a novel food or have evidence that it has a significant history of being used in the UK or the EU before 15 May 1997, a consultation process is available.

Businesses can submit a novel food consultation request through the Regulated Products Application Service. On the application form, select the Product type ‘Other’ and detail in the Product summary that you are making a novel food consultation request.

Food businesses are responsible for knowing if the novel foods regulation applies to their products. The European Commission's guidance on history of consumption will help you consider this.

Authorising your novel food product

The authorisation process

Novel foods need to be authorised before they can be placed on the market in Great Britain (GB). To do this you must apply for authorisation in GB. 

There are two authorisation routes under retained Regulation (EU) 2015/2283 on novel foods:

1. Traditional food notification — please see the 'Traditional foods from third countries' section below for more information on this route 

2. Full novel food application 

Novel foods which were authorised in the EU prior to EU exit remain authorised in GB and are listed in The Novel Foods and Smoke Flavourings (Modification of Authorisations) (Scotland) Regulations 2022. 

How to apply for authorisation

Food businesses can apply through the GB Regulated Products Application Service. This GB-wide application service is hosted on the Food Standards Agency (FSA) website and is managed by FSS and the FSA.

After completing the application form, you’ll be sent a link where you can upload your application documents. The requirements will depend on the route of your application.

Please see the detailed guidance on the authorisation application process and scientific requirements for more information. This guidance is relevant to the GB application process, which is based on the EU process. There is no fee for the application.

Traditional foods from third countries

Traditional foods from third countries are foods that have a continuous history of consumption in a ‘third country’ for at least 25 years by a significant number of people. A ‘third country’ in this case means any country currently outside the UK or the EU.

For foods which have this history of consumption, you may submit an application for a simplified authorisation process known as a 'traditional food notification'. Traditional food notifications have reduced data requirements because they have been widely used in other parts of the world. There is a four-month period within which the review of the application is conducted. If there are no reasoned safety objections raised by FSS or the FSA, the product may be authorised and placed on the authorised list.

If reasoned safety objections are raised, the product cannot be authorised. In this case, the business may then submit a traditional food application to address the objections. Traditional food applications are similar to the full novel food application route and require the full set of information detailed in the legislation.

The European Food Safety Authority have published guidance for traditional foods from third countries which is relevant to the GB process.

A full set of information is required to apply for authorisation of all novel foods that do not fall into the 'traditional food notification' category. 

Novel food legislation

Businesses in Scotland are responsible for making sure that their food is safe and complies with the law.

Novel foods have to be safety evaluated, authorised and approved before they can be sold under 2015/2283. This regulation applies to all food that has not been used to a significant degree before 15 May 1997.

Food additives, flavourings and extraction solvents used in food production are outside the scope of the novel food legislation. Depending on the product, these may  need to be evaluated for safety, authorised and approved before they are sold under Food Additives Legislation.