What does precision fermentation of foods involve?

In answering this question, it is helpful to think of precision fermentation as being just like ordinary fermentation – for example using yeast to brew beer or to prove bread – but with a certain something ‘extra’. The extra (potentially controversial) is genetic modification of the yeast (or similar microorganism). The modification turns the microorganism into a kind of tiny food factory, so that it begins to busily produce compounds such as dairy and egg proteins. These proteins are chemically identical to those derived from animals but involve no use of animals in their production. These proteins can be produced and harvested at scale and used as a ‘substitute’ ingredient in normal commercial food production.

Leaving aside the potentially sensitive use of genetic modification for a moment, it’s worth reflecting on what the technology potentially offers; namely, the ability to avoid intensive use of farmed animals, reduced agricultural land use, less consumption of animal feed, better management of disease outbreaks in food producing animals, and reduced use of antibiotics in the animal-based food chain.

The stinger is of course the use of genetic modification (GM). While the use of GM to produce food is always going to be controversial, the upside is that many of the precision fermentation technologies now in use involve the filtering out of any trace of GM organisms, such that the food proteins they produce are ‘clean’ and cannot in any sense be said to be genetically modified themselves. The challenge lies, perhaps, in explaining this complicated process to consumers in a way which gives them confidence in the integrity of the food they are being encouraged to buy.

How does precision fermentation fit into the wider, alternative proteins landscape?

Besides precision fermented compounds, there is now a wide range of alternative proteins under investigation and use in the food industry. These include:

• Plant-based meat substitutes – these are protein formulations derived from plant material delivering a meat-like sensation when eaten.
• Novel protein sources – these are proteins not often used for food, such as insects, seaweeds, bacteria, and jellyfish.
• Cultured meat – in vitro or laboratory-grown meat derived from animal cells.

These techniques all involve the use of biotechnology and the regulator, the Food Standards Agency (FSA) and its new Innovation Unit, will need to rapidly develop an in-depth understanding of the science and methods used so that they can assure the public that food produced by these techniques is safe, what it says it is, and more sustainable.

How does food law affect the production and marketing of these new types of food?

While the regulator’s attention will, perhaps, turn most readily to consideration of how the Novel Foods Regulation and the Genetically Modified Food and Feed Regulation apply to precision fermented foods, there may be some doubt about whether the latter applies to precision fermented foods at all. This is because the foods themselves, to all intents and purposes, may prove indistinguishable from their conventional animal-derived counterparts and contain no GM elements of any kind. While the Genetically Modified Food and Feed Regulation does extend to food produced from or containing ingredients produced from GMOs, this may prove insufficient to bring precision fermented foods into its scope. So far as the Novel Food Regulation is concerned, the position may be a little clearer, given that that Regulation extends to ‘food consisting of, isolated from or produced from microorganisms, fungi or algae’.

In any event, the precise way in which existing food law will apply to these biosynthesised proteins is still difficult to predict – much will depend on what risks emerge and how these risks are most effectively mitigated. It is perhaps worth pointing out that to the extent that these proteins fall within the ambit of the fourteen recognised allergens – egg, milk, fish etc – they will need to be treated and labelled with the same care as their conventional allergenic counterparts.

Our thoughts

When it comes to rapidly developing technology, artificial intelligence isn’t the only game in town. The application of biotechnology in the food sector is gaining pace and creates the risk of leaving the regulatory system in its wake in much the same way as its ‘AI cousin’.

It is perhaps, now, more important than ever that the UK, within reason, focuses its regulatory attention on the safety of outputs, not inputs. Trying to contain rapidly changing technology within overly-prescriptive legislation – especially where that technology is able to make ‘more out of less’ – seems counterproductive in a world trying to conserve diminishing natural resources.

We have experience in helping clients in the novel foods sector to navigate and comply with food law. If you are in the novel foods business, or need advice about any of these matters, we’ be delighted to help you, too. Do get in touch with Chris McGarvey to learn more.