Europe’s burgeoning edible insects market is gaining traction due to a new policy shift that paves the way for its first “novel food” authorizations expected next year. 

Novel food is defined as food that had not been consumed to a significant degree by humans in the EU before 15 May 1997, when the first Regulation on novel food came into force.

The International Platform of Insects for Food and Feed (IPIFF) – a European association of insect producers – states this is significant as it may put an end to the uncertainty that insect producers of such products have been facing.

A new European unio Court of Justice (CJEU) ruling, delivered on October 1, clarifies that “food consisting of whole animals such as whole insects” does not fall within the scope of Regulation (EC) No 258/97 on novel food.

While the most recent novel foods legislation – Regulation (EC) No 2285/2015 – already clarifies that such products are subject to EU authorization since January 2018, legal text preceding its enforcement did not impose such obligation. 

“These opinions should pave the way to the first ‘novel food’ authorizations expected in mid-2021,” says Bastien Rabastens, IPIFF Executive Committee Member in charge of food matters.

Operators who would have commercialized such products, in accordance with EU food safety rules, may continue with their activity until the first novel food authorizations enter into force, as permitted by the new EU novel foods legislation. 

However, in certain EU countries, some of these producers were denied this possibility, due to legal uncertainty. “This ruling, therefore, now clarifies that these measures were not justified,” says Derrien.

While the new ruling is an important milestone for the development of the European edible insect sector, the novel food authorizations remain the most critical step toward providing wider EU market access for edible insect products.

Outcomes of the ruling
In collaboration with a law firm, the IPIFF has developed an in-depth legal analysis with the aim to explore more precisely the consequences of this policy shift. Notably, the analysis seeks to reveal how this may benefit producers that had commercialized whole insects in certain EU countries before January 2018.

According to this analysis, the consequences of the ruling vary depending on the concrete situation of each operator.

To this end, the document covers European businesses outside the insect producing companies active in France – wher the legal dispute started – considering that the CJEU ruling is applicable in all Member States of the EU.

“In that context, IPIFF encourages insect producers – active in those countries wher the possibility to use the ‘transitional measure’ was denied – to adopt a concerted approach with their competent authorities,” says Derrien.

“Notably, these companies should clarify with them whether and how this ruling may apply to their particular situation.”

IPIFF hopes that the first European Food Safety Authority (EFSA) opinions will be adopted and published in the following weeks. 

Europe’s appetite for insects
The global race to accelerate sustainable food supply chains is in full throttle, with insects positioned for mainstream potential. 

Earlier this year the 50th World Economic Forum Annual Meeting held in Davos, Switzerland, highlighted how meat-free diets were a focal point of roundtable discussions, which included a DuPont-led session on “The Protein Revolution from Fork to Farm.”

European markets have opened up considerably for players in this dynamic space. In relevant developments, a consortium of partners under ValuSect (“Valuable Insects”) is spearheading the sustainable production and processing techniques of insect-based products in North-West Europe.

Dutch producer Protix has highlighted that the insect protein industry is rapidly gaining traction, reportedly generating US$300 million worth of investments last year. Last June, the company opened an insect protein processing plant in Bergen op Zoom, the Netherlands.

In the same month, French agri-tech innovator Ÿnsect, earned €20 million (US$23.4 million) worth of backing for a fully-automated, bio-based plant, which will house the industrial-scale farming of meal worms for premium animal feed and fertilizers.