Novel Foods Regulation in Turkish Food Codex

The food industry is a continuously developing and transforming field when considered as a whole alongside emerging technologies, innovative production processes, and changing global consumption habits. To establish the legal foundation for this transformation and to ensure harmonization with European Union legislation, the Ministry of Agriculture and Forestry has published the Turkish Food Codex Regulation on Novel Foods and the Turkish Food Codex Communiqué on the Implementation of Novel Foods (Communiqué No: 2026/3), which sets out the procedures and principles for the implementation of this regulation. The Regulation and the Communiqué were published in the Official Gazette on May 20, 2026, and entered into force.

In this article, we will examine in detail the legal obligations, application processes, and important transition periods introduced to the food sector by these regulations, which aim to ensure a high level of protection for human health and consumer rights.

1. What is the Legal Concept of “Novel Foods” and Which Foods Does it Cover?

A critical milestone has been determined for identifying the concept of “Novel Food” in Turkish Law: 31/12/2025. Foods that were not used for human consumption to a significant degree in our country before this date and that fall into specific categories listed in the Regulation are classified as “novel foods.” Prominent among these categories are:

• Foods with a new or intentionally modified molecular structure.
• Foods consisting of, isolated from, or produced from microorganisms, fungi, algae, or mineral-based materials.
• Foods derived from cell culture or tissue culture (e.g., from plants or microorganisms).
• Foods consisting of engineered nanomaterials.

2. Which Foods Do Not Fall Under the Scope of the Novel Foods Concept?

The Regulation excludes Genetically Modified Organisms (GMOs), food enzymes, food additives, and flavorings from its scope, as they are subject to their own specific legislation.

You can access the aforementioned specific legislation via the links below:

• Regulation on Genetically Modified Organisms and Their Products
• Turkish Food Codex Regulation on Food Enzymes
• Turkish Food Codex Regulation on Food Additives
• Turkish Food Codex Regulation on Flavorings and Certain Food Ingredients with Flavoring Properties

3. Rules for Placing on the Market and Absolute Prohibitions

For a novel food to be placed on the market in Türkiye, it is a legal requirement that it be included in the ANNEX-1 list (List of Novel Foods), which is prepared by the Ministry and contains authorized foods. Only the foods included in this list may be placed on the market in accordance with the specified conditions of use and labeling requirements.

The most critical legal aspect to consider is the absolute prohibitions. According to the regulation, no applications or notifications regarding novel foods derived from pork or insects will be accepted, and the inclusion of such products in the list of novel foods is strictly prohibited.

Furthermore, a novel food to be added to the list must not pose a safety risk to human health, must not mislead the consumer, and must not be nutritionally disadvantageous compared to a normal food it is intended to replace.

4. Consultation Process for Determining Novel Foods Status

If food business operators are unsure whether a product they intend to place on the market falls under the scope of “novel food,” they are obliged to consult the General Directorate of Food and Control before placing the product on the market.

Pursuant to the Communiqué, a specific technical file must be prepared and submitted to the General Directorate for this consultation process. The General Directorate shall issue its decision on the novel food status of the product within four months for consultation requests it deems valid. If necessary, this period may be extended by a maximum of four additional months.

5. Authorization Application and Scientific Assessment Procedure

Applications for adding a novel food to the authorized list require significant administrative and scientific preparation. The application file must include details of the novel food’s production process, its composition, methods of analysis, and toxicological and biological scientific evidence demonstrating that it does not pose a risk to human health.

Valid applications are referred to the Scientific Commission. The Scientific Commission conducts a comprehensive risk assessment and formulates its scientific opinion within nine months from the date the file is forwarded to it. Where necessary, additional information may be requested from the applicant, in which case the nine-month period is extended.

6. Specific Notification Procedure for Traditional Foods from Third Countries

In parallel with European Union standards, a different procedure is envisioned for traditional foods that have a proven history of safe food use in another country for at least 25 years.

Instead of the standard, lengthy authorization procedure, a faster notification procedure may be utilized for these products. For valid notifications, the Scientific Commission evaluates within four months whether it has any objections regarding the safety of the food. If the Commission objects, the notification is rejected; however, the food business operator then has the right to submit a more comprehensive application with additional data addressing the objected issues. In this case, the Commission’s review period is 6 months.

7. R&D Investments: Data Protection and Confidentiality of Trade Secrets

The legislation provides highly robust legal protection mechanisms for companies investing in food technologies:

• 5-Year Data Protection: In authorization applications made with newly developed proprietary scientific evidence and data, such data cannot be used for the benefit of another company without the explicit consent of the initial applicant for a period of 5 years from the date the respective food is authorized.
• Right to Confidentiality: Applicants may request the General Directorate to keep their production processes, commercial relationships affecting their competitiveness, and market strategies confidential.

8. Obligation of Compliance, Transition Period, and Administrative Sanctions

Although the regulations entered into force as of their publication date, a transition period has been established to ensure industry compliance. Food business operators operating before the publication date of the Regulation must comply with the ANNEX-1 (List of Novel Foods) rule by 30/06/2027. Products that have been labeled or placed on the market before this date may remain on the market until the end of their shelf life.

Severe administrative sanctions (administrative fines, product recalls, etc.) will be imposed on food businesses acting in violation of the provisions of this Regulation and Communiqué in accordance with the relevant articles of the Veterinary Services, Plant Health, Food and Feed Law No. 5996.

Our Legal Advice:

The status of innovative foods, plant extracts, food supplement components in your product portfolio, or traditional products you plan to import, vis-à-vis the “Novel Food” legislation must be analyzed immediately. Incorrect market placement processes carry serious commercial and legal risks. You can receive professional support from our expert food law department in the preparation of application files, the execution of consultation processes before the General Directorate, and the protection of your intellectual and commercial rights.

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Legal Disclaimer: The information provided in this article is for general informational purposes only. It does not constitute legal advice, professional counsel, or a binding legal opinion. While we strive for accuracy, laws and regulations are subject to change. Accessing this article does not establish an attorney-client relationship between the reader and Karacabey Legal. We advise consulting a qualified attorney about your specific situation before taking any action.