Introduction
The 40th CCFA met in Beijing, The Peoples Republic of China April 21-25, 2008. The meeting was attended by delegations representing 63 member countries, one member organization, and 29 observers from international organizations.

Matters of Interest Arising From FAO/WHO and From the 68th Meeting of the Joint FAO/WHO Expert Committee on Food Additives (JECFA)
The JECFA Secretariat informed the committee of a new trust fund established as part of the Global Initiative for Food Safety Related Scientific Advice (GIFSA). This trust fund was established by FAO and WHO to facilitate collection of extra-budgetary resources and may be used to support the activities of JECFA.

It was reported that the Joint FAO/WHO Expert Consultation on the Benefits and Risk of the Use of Chlorine for Disinfection Purposes in Food Production and Food Processing will be held May 27-30, 2008 in Ann Arbor, Michigan. In addition, an expert consultation on the application of nanotechnology in the food and agriculture sectors and related food issues is tentatively scheduled for late 2008.

Result of Changes in ADI Status and Other Toxicological Recommendations
The 40th CCFA agreed to include in the Inventory of Processing Aids: Acidified Sodium Chloride, Asparaginase from Aspergillus oryzae expressed in A. oryzae, Isoamylase from Pseudomonas amyloderamosa and Phospholipase A1 from Fusarium venetatum produced in A. oryzae.

The JECFA Secretariat informed the CCFA of the 68th JECFA's view that based on the available information; it was inadvisable to use Carrageenan or Processed Euchema Seaweed (PES) in infant formulas. The JECFA Secretariat emphasized that this view was expressed because of a lack of data on potential impacts on the immature gastrointestinal and immune systems and because of the data raising any specific safety concerns. The CCFA agreed to hold at Step 7 the provisions in the Codex General Standard for Food Additives (GSFA) for Carrageenan and PES in food categories 13.1.2 (Follow-up Formula) and 13.2 (Complementary foods for infants and young children) pending the submission to JECFA of further information addressing uncertainties identified by the 68th JECFA.

The 40th CCFA agreed to include at Step 3 Magnesium Sulfate (INS 518) in Table 3 of the GSFA and to request proposals for additional use of Magnesium Sulfate in the food categories listed in the Annex to Table 3.

Endorsement and/or Revision of Maximum Levels for Food Additives in Codex Standards
The 40th CCFA endorsed, with the exception of lycopene and some editorial revisions for consistency with the Codex Guideline on Class Names and the International Numbering System for Food Additives (CAC/GL 36-1989), the food additive and processing aid provisions in the Codex Standards for Creams and Prepared Creams (Codex Stan A-9-1976) and Fermented Milks (Codex Stan 243-2003) forwarded by the Codex Committee on Milk and Milk Products.

The committee also endorsed revisions to the acceptable maximum use levels for Annatto Extracts, Bixin-Based (INS 160b(i)) and Annatto Extracts, Norbixin-based (INS 160b(ii)) in several cheese standards for consistency with the recently revised Codex specifications of identity and purity and the recent JECFA assigned ADIs for Annatto Extracts. As a consequence, the committee also endorsed revisions for the acceptable maximum use level for Vegetable beta-Carotene in Codex standards for process cheeses (Codex Stan A-8(a), A-8(b) and A-8(c))

Proposed Draft and Draft Revisions to Tables 1 and 2 of the Codex General Standard for Food Additives
The 40th CCFA forwarded for adoption at Step 8 or 5/8 approximately 300 provisions for the use of the following additives: Acesulfame Potassium, Aspartame, Carmines, Cyclamic Acid (and its calcium and sodium salts), Diacetyltartaric and Fatty Acid Esters of Glycerol (DATEM), Ethylene Diamine Tetraacetates (EDTAs), Neotame, Polydimethylsiloxane, Polysorbates, Ponceau 4R, Riboflavins, Saccharins, Sucralose, Sulfites, and Sunset Yellow FCF.

The 40th CCFA agreed to recommend revocation of 38 provisions for the use of the following food additives: Ascorbyl Esters, Benzoates, Butylated Hydroxyanisole, Butylated Hydroxytoluene, Caramel III, Caramel IV, Carmines, beta-Carotenes (Vegetable), Diacetyltartaric and Fatty Acid Esters of Glycerol, EDTAs, Guaiac Resin, Isopropyl Citrates, Polydimethylsiloxane, Polysorbates, Propyl Gallate, Propylene Glycol Esters of Fatty Acids, Riboflavins, Stearyl Citrate, Tertiary Butylhydroxyquinone, Thermally Oxidized Soya Bean Oil with Mono- and Diglycerides of Fatty acids, and Thiodipropionates.

The 40th CCFA agreed to discontinue further consideration of approximately 220 food additive provisions in the GSFA for the use of Alitame, Allura Red AC, Aluminum Ammonium Sulfate, Aspartame, Azorubine, Brilliant Black FCF, Brilliant Blue FCF, Brown HT, Canthaxanthin, Caramel II, Caramel III, Caramel IV, Carmines, beta-Carotenes (Vegetable), Carotenoids, Copper Chlorophylls, Curcumin, Cyclamic Acid (and its calcium and sodium salts), Diacetyltartaric and Fatty Acid Esters of Glycerol (DATEM), Erythrosine, Fast Green FCF, Grape Skin Extract, p-Hydroxybenzoates, Indigotine, Iron Oxides, Lutein from Tagetes erecta, Neotame, Nisin, Phosphates, Polyglycerol Esters of Fatty Acids, Polyglycerol Esters of Interesterified Ricinoleic Acid, Polysorbates, Ponceau 4R, Propylene Glycol Alginate, Quinoline Yellow, Riboflavins, Saccharin (and its Na, K, & Ca Salts), Sodium Diacetate, Sorbates, Sorbitan Esters of Fatty Acids, Stearoyl-2-Lactylates, Sucralose, Sucroglycerides, Sucrose Esters of Fatty Acids, Sulfites, Sunset Yellow FCF, Tartrates, Tartrazine, Tocopherols, and Zeaxanthin.

The 40th CCFA agreed to request additional information on specific draft (Step 6) and proposed draft (Step 3) provisions for the use of Acesulfame Potassium, Alitame, Allura Red AC, Aluminum Ammonium Sulfate, Aluminum Silicate, Aspartame, Calcium Aluminum Silicate, Caramel IV, Indigotine, Polysorbates, Ponceau 4R, Saccharin( And its Na, K, & Ca Salts), Sodium Aluminum Phosphates, Sodium Aluminosilicate and Sunset Yellow FCF.

In addition, the Committee agreed to request comments on approximately 400 new proposed draft (Step 3) provisions for Aluminum Ammonium Sulfate, Aluminum Silicate, Annatto Extracts, Bixin-based, Annatto Extracts, Norbixin-based, Calcium Aluminum Silicate, Carmines, beta-Carotenes (Vegetable), Carotenoids, Copper Chlorophylls, Cyclamic Acid (and its Na & Ca salts), Grape Skin Extract, Indigotine, Lycopenes, Sodium Aluminosilicate, and Sucralose. The committee is particularly interested in comments clarifying the reporting basis for the proposed uses for lycopenes and the aluminum containing additives.

The 40th CCFA also agreed to add the following notes to all provisions (adopted or in the step process) for all color additives in the following GSFA food categories:

• 01.1.2. (Dairy-based drinks, flavoured and/or fermented (e.g., chocolate milk, cocoa, eggnog, drinking yoghurt, whey-based drinks)) Note 52: Excluding chocolate milk
• 04.1.2.8 (Fruit preparations, including pulp, purees, fruit toppings and coconut milk) New Note: Except for use in coconut milk
• 04.2.2.6 (Vegetable, (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera), seaweed, and nut and seed pulps and preparations (e.g., vegetable desserts and sauces, candied vegetables) other than food category 04.2.2.5) Note 92: Excluding tomato-based sauces
• 05.1.4 (Cocoa and chocolate products) New Note: Products conforming to the Standard for Chocolate and Chocolate Products (Codex Stan 87-1981) may only use colors for surface decoration
• 06.1 (Whole, broken, or flaked grain, including rice) New Note: For use in nutrient coated rice grains premixes, only
• 06.4.3 (Pre-cooked pastas and noodles and like products) Note 153: For use in instant noodles only
• 14.1.5 (Coffee, coffee substitutes, tea, herbal infusions, and other hot cereal and grain beverages, excluding cocoa) Note 160: For use in ready-to-drink products and pre-mixes for ready-to-drink products only

In addition, the committee agreed to add Note 4 (For decoration, stamping, marking or branding the product) and Note16 (For use in glaze, coatings or decorations for fruit, vegetables, meat or fish) to all provisions for color additives (adopted or in the step process) in the following food categories and their subcategories:

• 04.1.1 (Fresh fruit),
• 04.2.1 (Fresh vegetables, (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera), seaweeds and nuts and seeds),
• 08.1 (Fresh meat, poultry and game), and
• 09.1 (Fresh fish and fish products, including molluscs, crustaceans, and echinoderms).

A discussion paper on various aspects of the GSFA food category system will be prepared for consideration by the 41st CCFA. The discussion paper will address:

1. The scope of food category 16.0 (Composite foods - foods that could not be placed in categories 01-15) because of uncertainties as to the scope of products included in this category;
2. The use of colors in food category 8.1 (Fresh meat, poultry and game);
3. The meaning of "plain" as it is used in the description of food category 01.2.1 (Fermented milks (plain)); and
4. The clarification of products included in food category 05.1 (Cocoa products and chocolate products including imitation and chocolate substitutes) and related subcategories.

This discussion paper will be prepared by an electronic working group led by the United States.

Revisions to the GSFA's Food Category System
The 40th CCFA endorsed for final adoption revisions to food categories:

• 02.2 (Fat emulsions mainly of water in oil) and its subcategories,
• 04.2.2.3 (Vegetables (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera), and seaweeds in vinegar, oil, brine, or soybean sauce,
• 04.2.2.7 (Fermented vegetable (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera) and seaweed products, excluding fermented soybean products of food categories 06.8.6, .6.8.7, 12.9.1, 12.9.2.1, and 12.9.2.3)
• 06.8 (Soybean products (excluding soybean-based seasonings and condiments of food category 12.9) and its subcategories,
• 12.9 (Soybean-based seasonings and condiments), and its subcategories
• 12.10 (Protein products other than from soybeans) and its subcategories.

The 40th CCFA re-established its electronic Working Group (eWG), led by the United States., to prepare recommendations for the 41st CCFA on the draft and proposed draft provisions for the following food additives: Ammonium Salts of Phosphatidic Acid, Ascorbyl Esters, beta-Cyclodextrin, Hydroxybenzoates, Nisin, Phosphates, Propyl Gallate, Sorbates, Stearyl Citrate, and Sucroglycerides. In addition, the eWG will review the provisions for Aspartame-Acesulfame Salt (INS 962) in the GSFA and recommend approaches for ensuring consistency with the provisions for Aspartame (INS 951) and Acesulfame K (INS 950).

The 40th CCFA reestablished its ad hoc physical Working Group that will meet prior to the 41st CCFA's plenary, under the chairmanship of the United States. This working group will consider:

1. The outstanding recommendations contained in CX/FA 08/40/5 Part B and related written comments received.
2. Comments on the proposed draft provision for Magnesium Sulfate in Table 3 at Step 3 and proposals for the use of Magnesium Sulfate in the food categories listed in the Annex to Table 3.
3. Comments on new proposed draft provisions (see above)
4. Proposals for new food additive uses in food categories 02.2.2 (Fat spreads, dairy fat spreads and blended spreads), 06.8 (Soybean products (excluding soybean-based seasonings and condiments of food category 12.9), 12.9 (Soybean-based seasonings and condiments), and 12.10 (Protein products other than from soybeans) and their subcategories.
5. Report of the GSFA eWG and comments received.

Integration of Codex Commodity Standards Food Additive Provisions into the GSFA
The 40th CCFA agreed to have Switzerland prepare a discussion paper with clear identification of the problems and concrete recommendations which would take into account CX/FA 08/40/7 and CX/FA 07/39/6.

Guidelines for the Use of Flavorings
The 40th CCFA agreed to advance the revised text for final adoption.

Inventory of Processing Aids
The 40th CCFA agreed to advance a project document proposing new work on Guidelines and Principles for the Use of Processing Aids. The Committee also accepted the offer of New Zealand to prepare an updated version of the Inventory of Processing Aids for the next session.

Codex International Numbering System for Food Additives
The 40th CCFA agreed to advance for adoption at Step 8 revisions to Sections 1, 2 and 3 of this text.

Specifications for the Identity and Purity of Food Additives arising from the 65th JECFA Meeting
The 40th CCFA forwarded 16 food additive specifications and 172 flavoring agents to the Commission for adoption at Step 5/8 as Codex specifications. The Committee also recommended that the Commission revoke the Codex specifications for 1 substance.

Priority List of Food Additives, Contaminants and Naturally Occurring Toxicants Recommended for Evaluation by JECFA
The following substances were identified as priorities for JECFA evaluation.

High Priority

1. Branching enzyme from Rodothermus obamensis expressed in Bacillus subtilis
2. Cyclamates
3. Diacetyl Tartaric and Fatty Acid Esters of Glycerol
4. Ferrous Ammonium Phosphate
5. Flavorings (247 compounds)
6. Glycerol Esters of Gum Rosin
7. Glycerol Esters of Tall Oil Rosin
8. Nisin Preparation
9. OSA (Octenyl Succinic Acid) Modified Acacia Gum (Gum Arabic)
10. Sucrose Oligoesters Type I and II

Low Priority

1. Aluminum containing compounds
2. Cassia Gum
3. Re-evaluation of dietary exposure in relation to potential genotoxic effects of 157 flavors
4. Lycopene Oleoresin extract from Tomato
5. Sodium Aluminum Sulfate
6. Sodium Hydrogen Sulfate

Next Session
The 41st session of the CCFA is tentatively scheduled for March 16-20, 2009, in China.