EFSA Legal Basis
Regulation (EC) No 2015/2283 Article 10
Identifiers
Regulatory treatment of Human Milk Oligosaccharides (HMOs) varies by market, with the EU showing the most explicit framework. In the EU, HMOs are subject to the Novel Food Regulation (EC) No 2015/2283, specifically Article 10, which governs authorization for novel foods. This indicates a pre-market approval pathway. No other market-specific regulations are available in the evidence, so differences beyond the EU cannot be characterized. For product categories, the evidence does not distinguish between food, supplement, or medical applications, leaving category-specific requirements undefined.
2 regulations
Regulation (EC) No 2015/2283 Article 10
Regulation (EC) No 2015/2283 Article 10
The most material condition for compliance is the EU Novel Food authorization under Regulation (EC) No 2015/2283 Article 10, which requires pre-market approval before use in food products. The evidence does not specify quantitative limits, maximum use levels, or permitted product categories for HMOs. Additionally, ECHA Classification and Labelling notifications indicate that companies have submitted GHS hazard information, but this does not establish use conditions. Without explicit limits or conditions, a compliance assessment must rely on the general Novel Food framework and any product-specific authorization.
Before launch, a product containing HMOs should have documentation supporting its status under the EU Novel Food Regulation, including evidence of authorization under Article 10 of Regulation (EC) No 2015/2283 if marketed in the EU. This includes confirming that the specific HMO (e.g., 2'-fucosyllactose, CAS 41263-94-9) is covered by an existing authorization or has a pending application. Additionally, any GHS classification and labelling obligations under ECHA notifications should be addressed. For markets outside the EU, no specific documentation requirements are available in the evidence.
The available regulatory position is insufficient to support a launch decision because it only confirms the EU Novel Food legal basis and GHS notifications, without detailing approved conditions, limits, or product categories. The evidence does not indicate whether the specific HMO has been authorized, what foods it may be used in, or at what levels. Additionally, no information exists for other markets, making global compliance uncertain. A decision would require obtaining the actual authorization status and any associated conditions from the relevant authority.
The only regulatory change or effective date material to HMOs is the application of Regulation (EC) No 2015/2283, which came into force in the EU and establishes the Novel Food authorization process under Article 10. This regulation is the current legal basis for HMO approval in the EU. No other recent changes or effective dates are provided in the evidence. Companies should monitor updates to this regulation and any specific authorizations for HMOs, as the evidence does not include details on recent amendments or transitional measures.