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European Commission officials indicated that they have listened to representations and intend to amend the text of a draft proposal for the new legislation, said food industry lobbyists the Whitehouse Consultancy this week.
Chris Whitehouse explained: "Quite simply, this was a mistake. The legislation was intended to ban the presence of enzymes in food products in which the presence of the enzyme was not desirable but was merely a residue from the manufacturing process."
"But of course some food supplements are purchased by consumers who want to consume enzymes because of the benefits they bring, and the Commission now indicates that such supplements will be exempt from a revised draft of the legislation due to be published in the near future."
The amended proposal for legislation is now being finalised within the Commission and is likely to be released for further consultation shortly.
In order for an enzyme to be submitted to the positive list, it would need a dossier of safety evidence, as well as proof of its 'technological need' that cannot be achieved by other means.
Currently some enzymes used as additives are regulated under Directive 95/2/EC on food additives other than sweeteners and colours, whereas others that are used as processing aids are subject to the laws of individual member states.
The proposed law may also suggest that enzymes go through a reauthorisation process every 10 years.