DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of August 29, 2023 No. 84

About modification of the Decision of Council of the Eurasian economic commission of July 20, 2012 No. 58

According to article 52 of the Agreement on the Eurasian Economic Union of May 29, 2014 and Item 29 of appendix № 1 to the Regulations of work of the Eurasian economic commission approved by the Decision of the Supreme Eurasian economic council of December 23, 2014 № 98, Council of the Eurasian economic commission decided:

1. Bring in the Decision of Council of the Eurasian economic commission of July 20, 2012 No. 58 "About adoption of the technical regulation of the Customs union "Safety requirement of nutritional supplements, fragrances and technological supportive applications" changes according to appendix.

2. This Decision becomes effective after 180 calendar days from the date of its official publication.

Members of council of the Eurasian economic commission:

From the Republic of Armenia

M. Grigoryan

From the Republic of Belarus

I. Petrishenko

From the Republic of Kazakhstan

S. Zhumangarin

From the Kyrgyz Republic

A. Kasymaliyev

From the Russian Federation

A. Overchuk

 

Appendix

to the Decision of Council of the Eurasian economic commission of August 29, 2023 No. 84

The changes made to the Decision of Council of the Eurasian economic commission of July 20, 2012 No. 58 "About adoption of the technical regulation of "Safety Requirements of Nutritional Supplements, Fragrances and Technological Supportive Applications" custom union

1. To state subitem 2.2 of Item 2 of the Decision of Council of the Eurasian economic commission of July 20, 2012 to No. 58 in the following edition:

"2.2 The requirements established by subitems 2, 3 and 4 Items 9.4 of part 9 of Article 7, item 4 of part 5 and Items 7 and 9 of part 6 of Article 10 (concerning nutritional supplements, vkusoaromatichesky medicines, predecessors of fragrances, fermental medicines of microbic origin), appendix 28 (concerning content of the main substance) to the technical regulation specified in Item 1 of this Decision become effective from the date of inclusion of the international and regional (interstate) standards, and in case of their absence - the national (state) standards containing rules and methods of researches (testing) and measurements, including the rules of sampling necessary for application and execution of the specified requirements and implementation of assessment of conformity of objects of technical regulation in the list of standards, determined by item 4 of the Protocol on technical regulation within the Eurasian Economic Union (appendix No. 9 to the Agreement on the Eurasian Economic Union of May 29, 2014).".

2. In the technical regulation of the Customs union "Safety requirement of nutritional supplements, fragrances and technological supportive applications" (TR CU 029/2012) accepted by the specified Decision:

Item 4 of the preface to declare 1) invalid.

Article 4 to state 2) in the following edition:

"Article 4. Determinations

For the purposes of application of this Technical regulation the concepts established by the technical regulation of the Customs union "About safety of food products" are used (TR CU 021/2011) made by the Decision of the Commission of the Customs union of December 9, 2011 No. 880, and also the following terms and determinations:

fragrance food (fragrance) - the product which is not eaten by the person directly, containing vkusoaromatichesky substance or vkusoaromatichesky medicine or thermal technological fragrance or smoking fragrance or predecessors of fragrances or other fragrances (which part other components, except above listed) or their mix (vkusoaromatichesky part), intended for giving of food products of aroma and (or) taste (except for sweet, acid and salty are) and (or) its modifications, with addition or without addition of nutritional supplements and food raw materials;

fragrance smoking - the mix of substances emitted from the smokes applied in traditional smoking by fractionation and purification of condensates of smoke;

fragrance thermal technological - the mix of substances received as a result of heating food or not used in food of ingredients, one of which shall be amino compound, and another - the reducing sugar, under following conditions heat treatments: temperature is not above 180 °C, duration of heat treatment of 15 min. in case of 180 °C with the corresponding increase in time when using lower temperatures - doubling of time of heating in case of reduction of temperature by each 10 °C, but no more than 12 hours; the size pH during process shall not exceed 8,0;

antioxidant - the nutritional supplement intended for delay of process of oxidation and increase in expiration dates of food products (food raw materials);

the antislezhivayushchy agent (antikomkovatel) - the nutritional supplement intended for prevention of adhesion (balling up) of particles of powdery and fine-crystalline food products and preserving its flowability;

substance vkusoaromatichesky - chemically certain (chemically individual) substance with properties of fragrance having characteristic aroma and (or) taste (except for sweet, acid and salty);

substance vkusoaromatichesky natural - the vkusoaromatichesky substance received by means of physical, enzymatic or microbiological processes of raw materials of the plant, microbic or animal origin including processed by traditional methods of production of food products;

substance for flour processing - the nutritional supplement (except emulsifiers) intended for improvement of baking qualities or color of flour (test);

the moisture-holding agent (moisture-holding substance) - the nutritional supplement intended for keeping of moisture and protection of food products from drying;

the genetically modified microorganisms (GMM) - microorganisms which genetic material is changed with use of methods of genetic engineering (recombining and (or) transgenesis);

glazirovatel - the nutritional supplement intended for drawing on surface of food products for the purpose of giving of gloss to it and (or) formations of protective layer;

the jellifying agent - the nutritional supplement intended for formation of gel texture of food products;

thickener - the nutritional supplement intended for increase in viscosity of food products;

the catalyst - the technological supportive application intended for acceleration of chemical reactions;

acid - the nutritional supplement intended for increase in acidity of food products and (or) giving of acid taste to it;

preservative - the nutritional supplement intended for prolongation (increase) of expiration dates of food products by protection against microbic spoil and (or) growth of pathogenic microorganisms;

dye - the nutritional supplement intended for giving, strengthening or recovery of coloring of food products; the food products having the secondary painting effect and also the dyes applied to coloring of inedible outside parts of food products do not belong to food dyes (for example, for coloring of covers of cheeses and sausages, for meat branding, for marking of cheeses and eggs);

complex dietary supplement - mix of nutritional supplement and food raw materials or mix of nutritional supplements with addition or without addition of food raw materials, and (or) fragrance (fragrances), and (or) fermental medicine in which one or more nutritional supplements has functional (technological) effect in the food products intended for the consumer;

the most admissible level (the maximum level, admissible level) - the hygienic standard rate establishing the most admissible amount of nutritional supplement (fragrance, biologically active agent) in food products guaranteeing its safety for the person;

mutant microorganisms - hereditarily the changed form of microorganisms which genetic material is changed by means of methods of the induced (directed) mutagenesis with use of physical or chemical factors;

filler - nutritional supplement which increases amount of food products without essential increase in the energy value (caloric content);

natural sources of vkusoaromatichesky substances (fragrances) - plants (part of plants), products of animal origin used as vkusoaromatichesky raw materials in case of production of fragrances (vkusoaromatichesky substances, vkusoaromatichesky medicines);

nonfunctional nutritional supplements - nutritional supplements which are used in nutritional supplements complex dietary supplements, fermental medicines, fragrances and nutrients (including the substances rendering physiological effect) and perform technological functions in them (standardization, dispersions, cultivation or dissolution of these types of products is intended for preserving), but do not perform technological function in the food products intended for the consumer (the term does not extend to technological supportive applications which do not perform technological functions in food products);

the carrier - the nutritional supplement intended for dissolution, dilution, dispersion or other physical modifications of nutritional supplements, fragrances, fermental medicines, nutrients and (or) other substances, used for increase in efficiency and simplification of their use, which is not influencing their functions; as the carrier the food products which do not belong to nutritional supplements can be used;

the defoaming agent - the nutritional supplement intended for the prevention or decrease in foaming in food products;

frother - the nutritional supplement intended for uniform distribution of gaseous phase in liquid and firm foodstuff;

nutritional supplement - any substance (or mix of substances) having or not having own nutrition value, which is usually not eaten directly, purposely used in production of food products with the technological purpose (function) for providing production processes (production), transportation (transportation) and storage that brings or can lead to the fact that this substance or products of its transformations become components of food products; nutritional supplement can perform several technological functions;

nutritional supplement, vkusoaromatichesky substance, natural source of fragrance of new type - nutritional supplement, vkusoaromatichesky substance, natural source of fragrance with the new or purposely changed primary molecular structure; consisting or allocated from microorganisms, microscopic mushrooms and seaweed, plants; allocated from animals; received from the gene-modified organisms (GMO) and (or) using GMM and (or) mutant microorganisms or with their use; received using nanomaterials and products of nanotechnologies; which are not regulated by this Technical regulation or earlier were not used for production (production) of food products;

foodstuff without the added sugars - the food products made without addition mono - and the disaccharides or foodstuff containing them;

sweetener - the nutritional supplement intended for giving to foodstuff of sweet taste or used as a part of table sweeteners;

predecessor of fragrance - substance or their mix which can be received both from food products, and from products which are not used directly as food, not necessarily having properties of fragrance, purposely added to food products for the only purpose receipt of taste and aroma by destruction or reaction with other components in the course of cooking;

medicine of vkusoaromaticheskiya - mix of the vkusoaromatichesky and other substances emitted with physical, enzymatic or microbiological processes: from food products or from food raw materials, including after processing by traditional methods of preparation of food products, and (or) from the products of plant, animal or microbic origin which are not used directly as food, applied as such or processed with use of traditional methods of preparation of food products;

propellant - nutritional supplement - gas (except air), intended for pushing out of foodstuff from reservoir (container);

baking powder - the nutritional supplement intended for increase in amount of the test due to formation of gas;

the acidity regulator - the nutritional supplement intended for change or regulation of pH (acidity or alkalinity) foodstuff;

the stabilizer - the nutritional supplement intended for ensuring aggregate stability and (or) maintenance of homogeneous dispersion of two and more immiscible ingredients;

according to technical documentation (according to TD) - the regulation of use of nutritional supplements, fragrances and technological supportive applications established by the manufacturer in cases when levels of application and (or) types of foodstuff are determined by technological feasibility, at the same time amounts of the applied nutritional supplements, fragrances and technological supportive applications shall not exceed the sizes necessary for achievement of technological effect;

table sweetener - the food products containing the permitted nutritional supplements - sweeteners, with addition or without addition of other nutritional supplements and (or) food ingredients and intended for realization to the consumer as sugar substitutes;

technological microorganisms - net cultures of nonpathogenic, not toxicogenic microorganisms with the established patrimonial and specific (shtammovy) accessory used for production of food products, being sources (producers) of feedstuffs, nutritional supplements, fragrances or enzymes;

the technological supportive application (TSA) - substance (or mix of substances) or material (except for the equipment and ware) which, without being components of food products, it is purposely used in case of production (conversion) of food (food) staples and (or) food products for accomplishment of particular technological purposes (functions); TVS during engineering procedure are removed (are inactivated), their residual quantities do not render technological effect in the food products intended for the consumer and (or) do not exceed the regulated (normalized) sizes of their maximum residual quantity (admissible level);

technological supportive application of new type - substance or material with the new or purposely changed primary molecular structure; consisting or allocated from microorganisms, microscopic mushrooms and seaweed, plants; allocated from animals; received from GMM and (or) mutant microorganisms or with their use; received using nanomaterials and products of nanotechnologies; which are not regulated by this Technical regulation or earlier were not used for production (production) of food products;

traditional methods of production of food products - cooking, including on couple and under pressure (at temperature up to 120 °C), pastries, roasting, suppression, frying, including on (v) oil (at temperature up to 240 °C and atmospheric pressure), drying, evaporation, heating, chilling, freezing, soaking, maceration (soaking), insisting (zavarivaniye), percolation (filtering), filtering, pressing (extraction), mixing, emulsification, crushing (cutting, crushing, grinding (wiping), tolcheniye), capsulation, cleaning of peel (hulling), glazing, smoking, distillation (rectification), extraction (including extraction by solvents), fermentation and microbiological processes or combination of the above-stated methods; it is applied only to vkusoaromatichesky medicines and natural vkusoaromatichesky substances;

packaging gas - nutritional supplement - gas (except air), entered into reservoir (container) to, in time or after the room of foodstuff in reservoir (container);

the amplifier of taste (aroma) - the nutritional supplement intended for strengthening of taste and (or) modification of natural taste and (or) aroma of foodstuff;

the amplifier of contrast - nutritional supplement which when processing certain parts of the outside surface of fruit or vegetables which is followed by depigmentation (for example, in case of laser processing), help to distinguish these parts from the remained surface, telling them color by means of their subsequent interaction with certain components of epidermis;

sealant - the nutritional supplement intended for preserving density of fabrics of fruit, vegetables and hardening of gel structure of foodstuff;

the fixer (stabilizer) of coloring - the nutritional supplement intended for stabilization, preserving (or strengthenings) colourings of foodstuff;

fermental medicines - the cleared and concentrated products containing certain enzymes or complex of the enzymes, plant, animal and microbic (producer) origin necessary for implementation of the biochemical processes happening in case of production of products;

flocculant (clarifier, adsorbent) - the technological supportive application intended for increase in process performance of sedimentation (adsorption) in impurity;

emulsifier - the nutritional supplement intended for creation and (or) preserving homogeneous mix of two or more immiscible phases in foodstuff;

the emulsifying salt - the nutritional supplement intended for uniform distribution of fats, proteins and (or) improvement of plasticity of processed cheeses and products on their basis.".

3) In Article 7:

a) in part 1:

state Item 6 in the following edition:

"6) nutritional supplements, fragrances and technological supportive applications shall be applied in case of production of food products in the minimum quantity necessary for achievement of technological effect, in the technological functions determined by the manufacturer of food products and established by this Technical regulation;";

state Item 8 in the following edition:

"8) the nutritional supplements which are in circulation on customs area of the Customs union, fragrances and technological supportive applications made by biotechnological methods including with use of GMM, shall conform to requirements of the technical regulation of the Customs union "About safety of food products" (TR CU 021/2011), and also to requirements of this Technical regulation.";

b) parts 4 - 8 to state in the following edition:

"4. Indicators of safety of nutritional supplements (content of contaminants and microbiological indicators) and criteria of purity shall conform to requirements according to Appendices 23 and 28 to this Technical regulation.

Indicators of safety of complex dietary supplements except for of microbiological, are determined by the main component - nutritional supplement (nutritional supplements). Microbiological indicators of safety of complex dietary supplements are determined by the component having the greatest risk degree for health of the consumer.

5. Control of indicators of safety of nutritional supplements, fragrances and technological supportive applications is carried out using methods of the researches provided by the list of the international and regional (interstate) standards, and in case of their absence - the national (state) standards containing rules and methods of researches (testing) and measurements, including the rules of sampling necessary for application and execution of requirements of this Technical regulation and implementation of assessment of conformity of objects of technical regulation.

6. Indicators of safety of fragrances and their structure shall conform to requirements, according to Appendices 1, of 19, 20 and 23 to this Technical regulation.

7. As vkusoaromatichesky raw materials in case of production of fragrances use of the following components is allowed:

1) vkusoaromatichesky substances according to Appendix 19 to this Technical regulation;

2) vkusoaromatichesky medicines;

3) smoking fragrances;

4) thermal technological fragrances;

5) predecessors of fragrances;

6) other fragrances (which part components are, except specified in Items 1 - 5 parts 7 of this Article.

8. Production for release into the stream of commerce of fragrances the food, including fragrances specified in Items 1 - 6 parts 7 of this Article, and also mixes of above-mentioned fragrances is allowed.";

c) state part 9 in the following edition:

"9. In case of conversion of raw materials and production of food products use of technological supportive applications according to the requirements established by this Technical regulation is allowed.

9.1. Technological supportive applications are subdivided on their main functional classes:

the clarifying and filtering materials, flocculants and sorbents;

extraction solvents;

catalysts;

nutrients (top-dressings) for yeast;

fermental medicines;

materials and carriers for immobilization of enzymes;

other supportive applications (with other functions which are not stated above).

9.2. Hygienic standard rates of use of technological supportive applications are established in Appendices 21 - 27 to this Technical regulation.

9.3. For production of food products as technological supportive application it is allowed to use the nutritional supplements permitted for application in the food industry according to Appendix 2 to this Technical regulation.

The scope of the nutritional supplement used as technological supportive application is limited to types of food products in which its use according to Appendices 3 - 18 and 29 to this Technical regulation is regulated.";

9.4. Fermental medicines, nutritional supplements, fragrances of microbic origin shall conform to the following requirements:

1) fermental medicines (regardless of origin) shall conform to the following safety requirements:

a) lead content - no more 5,0 of mg/kg;

b) microbiological indicators:

quantity of mesophilic aerobic and optional and anaerobic microorganisms (KMAFAnM), the KOE/g, no more - ^{5 x 104} (for fermental medicines vegetable, microbic (bacterial and mushroom) origins), ^{1 x 104} (for fermental medicines of animal origin, including molokosvertyvayushchy);

the bacterium of group of colibacilli (BGC) in 0,1 of - are not allowed;

pathogenic microorganisms, including salmonellas, in 25 g - are not allowed;

E. coli in 25 g - is not allowed;

2) fermental medicines, nutritional supplements, vkusoaromatichesky medicines, predecessors of fragrances of microbic origin shall not have antibiotic activity;

3) the fermental medicines, nutritional supplements, vkusoaromatichesky medicines, predecessors of fragrances produced by microscopic mushrooms shall not contain (residual quantities, within sensitivity of method) mycotoxins, mkg/kg, no more: B1 aflatoxin (less 0,003), M1 aflatoxin (less 0,005), стеригматоцистин (less 0,005), T-2 toxin (less 0,05), zearalenone (less 0,005), ochratoxin A (less 0,003), desoxynivalenol (less 0,7), patulin (less 0,05);

4) in fermental medicines, nutritional supplements, vkusoaromatichesky medicines, predecessors of fragrances of microbic origin, content of viable forms of strains producers and DNA of strains producers in 1 g - is not allowed.";

d) state part 10 in the following edition:

"10. For receipt of fermental medicines as sources and producers it is allowed to use bodies and tissues of healthy farm animals, cultural plants, and also special nonpathogenic and not toxicogenic strains of technological microorganisms (bacteria and the lowest mushrooms), including GMM and mutant microorganisms, according to Appendix 26 to this Technical regulation.

For receipt of nutritional supplements, fragrances (vkusoaromatichesky substances, vkusoaromatichesky medicines, predecessors of fragrances) and conversion of food raw materials it is allowed to use only nonpathogenic and not toxicogenic strains of microorganisms and fermental medicines permitted for use in the food industry according to requirements of this Technical regulation.

For standardization of activity and increase in stability of fermental medicines in their structure it is allowed to use nutritional supplements according to Appendices 2 and 12 to this Technical regulation.";

e) in part 12 after the word "ready" to add with the words "to the use";

e) state part 13 in the following edition:

"13. Content of nutritional supplements, residual amounts of technological supportive applications, and also biologically active agents (from the vegetable raw materials or fragrances received from vegetable raw materials) in food products shall conform to the requirements established in Appendices 3 - 8, 10 - 18, 20 - 27 and 29 to this Technical regulation, the technical regulation of the Customs union "About safety of food products" (TR CU 021/2011).";

g) in part 14 of the word of "nutritional supplements" shall be replaced with words "nutritional supplement";

h) state part 15 in the following edition:

"15. Content in food products of the nutritional supplements, biologically active agents (from the vegetable raw materials or fragrances received from vegetable raw materials) normalized by this Technical regulation is controlled on bookmark (on compounding) and (or) using analytical methods of research (in case of their availability).

Content of residual amounts of the technological supportive applications normalized by this Technical regulation in food products is controlled using analytical methods of research (in case of their availability).

In case of application of analytical methods control of content of nutritional supplements, biologically active agents (from fragrances or vegetable raw materials) and residual amounts of the technological supportive applications normalized by this Technical regulation in food products with their use is carried out using methods of researches (testing) which are established in the documents included in the List of the international and regional (interstate) standards, and in case of their absence - the national (state) standards containing rules and methods of researches (testing) and measurements, including the rules of sampling necessary for application and execution of requirements of this Technical regulation and implementation of assessment of conformity of objects of technical regulation.";

i) state part 16 in the following edition:

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