In the first of a series of blog posts we are publishing how the 'competent' authorities, DEFRA and the Food Standards Agency, are leading the UK edible insect industry down the drain.

When we are asked to provide different sets of scientific data, like stability data, genotoxicity reports, etc.  for each of our recipes, we knew something was amiss.

Can a mealworm bhaji really be bad for you, but mealworm pizza be safe ?

You can read for yourself the "answers" [in red] we received from the FSA's Chief Scientific Advisor regarding their expectations from our urban edible insect farm, which is currently breeding a few kg of mealworms each week.

In February 2021, by pure chance, since there had been no communication whatsoever to businesses, we became aware that the Food Standards Agency was questioning the legitimacy of edible insects as a food source. In a guidance document dated December 2020 on the FSA's website, producers of edible insects, who had all been legally trading up until Brexit [(in accordance with the transitional measures specified in [EU 2285/2015 on Novel food, Article 35(2)], were now asked to submit a novel food application, supported by a scientific dossier, to demonstrate safety.

----------------------

Dear Sir/Madam,
We run a small operation from a shed in our back garden  We have been breeding mealworms [Tenebrio Molitor larvae] for our own consumption since 2014. In 2017 we started selling them to the public. Although we no longer sell these fresh, we continue to host regular cookery classes and we have been promoting edible insect food in schools and the community.

Registered with our Local Health Authority, we work to HACCP principles and have been carrying out regular microbiological assessments on both the product and the process.
Up until the end of the Brexit transition period, we had been operating in accordance with the transitional measures specified in [EU 2285/2015 on Novel food, Article 35(2)].
We understand that the FSA is now saying that these measures have not been retained in UK law, and that we must submit a novel food application. Consequently, we have some questions:

1) Is there an expectation that a novel food application is submitted only by primary producers or also by manufacturers of foods containing insects? A novel food application will need to be submitted for each insect that is planning on being marketed and consumed, with all intended uses of the product included in the dossier.

2) Is an application required for the food in its natural state, the process, or both? In our classes we cook and serve different recipes; if we farm mealworms, freeze some for later use, fry some in our fritters, roast some in our biscuits, grind some to make powder, use some in soups, will we need to supply different sets of scientific data for – fresh + frozen + fried + oven dried + flour + boiled? An application can be submitted with all proposed or intended uses of the edible insects. You will need to provide relevant safety data to support the risk assessment.

3) Does the quantity of mealworm we use in each recipe matter? Looking at the many applications lodged with the EFSA for mealworms, each applicant has submitted a dossier for the same thing but in different quantities. For example, one dossier may cover baked goods containing up to 10% of insects, and another up to 20%. Can you please clarify? With reference to question 1) this would indicate that in Europe the application process applies to both product manufacturers and farmers. Please see above for Q1

4) Following on from question 3. In March 2021, we were awarded EU vouchers to develop a mealworm-based food product. Determining the technology and exact formulation will be part of our R&D effort. We will have no scientific data until after we have put a substantial amount of capital into the project. Due to the uncertainty created by Brexit and the lack of transitional measures, we have had to put the project on hold and we are risking losing the funds. How do you suggest we proceed? Insects whole & ground were identified as a novel food and transitional measures were granted when we were an EU member state. Should you wish to market your product in GB, you will need to submit an application.

5) The new Novel Food Regulation includes data protection rules, allowing the applicant to protect its innovations; scientific evidence and proprietary data cannot be used for the benefit of another applicant for a five-year period following the authorization. Have these data protection provisions been retained? Will companies who have received a great deal of public funding be able to now obtain exclusivity to the disadvantage of others? All novel food legislation (EU) 2015/2283 has been retained in UK law. Therefore, this includes data protection and confidentiality for applicants.

6) Can you supply a list of current UK applications and whether they are ‘data protected’ or not? This not information that is published for any application at this stage.

7) Can scientific data, like research papers, scientific journals etc, which are already in the public domain, be used to support an application?

8) In November 2021 our public and product liability insurance will expire. Our broker has told us that operating the uncertain legal status of our business will have a bearing on both their ability to insure us and the cost of the premium. This is the reason why we are asking: is our business legal? If we were to submit an application today, what would be the status of our business during the 12-16 months required to process the application?  (As an aside, we are writing a paper for Reading University about our farm, and this must include our current status.) It remains the case that insects are considered a ‘novel food’ and need to be authorised. Therefore, should you wish to market your product in GB then please submit an application to the FSA for consideration.

You can read more on the subject n this Guardian Article.