Food Law Alert 13 December 2013 Hot Topics Commission Guidance on Food Extracts with Colouring Properties Union List of Smoke Flavouring Primary Products EFSA Opinion on Aspartame Food Safety and Hygiene (England) Regulations 2013 Interim Report of Elliot Review into Integrity and Assurance of Food Supply Networks Food Law Alert is a Campden BRI Member Service providing prompt and succinct news of legislative developments. Whenever possible, links are given to relevant websites from where further information is available. In many cases entire documents can be downloaded. Normally, documents are also available from Campden BRI. Requests should be e-mailed to: [email protected]FORTHCOMING EVENTS ADDITIVES Colours – FSA Update on Products Free of Colours associated with Hyperactivity Colours – Commission Guidance on Food Extracts with Colouring Properties Flavourings - EFSA Report on Diacetyl Flavourings – Union List of Smoke Flavouring Primary Products Other Additives – Amendment to Regulation 1333/2008 Sweeteners – COT Study on Aspartame Sweeteners – EFSA Opinion on Aspartame ANIMAL HEALTH AND WELFARE Cattle – Electronic Identification of Bovine Animals Cattle – EFSA Opinion on Monitoring Procedures for Slaughter Defra – Customer Information Notes Miscellaneous – Resolution on EU Strategy for Protection and Welfare of Animals Miscellaneous –Zoonoses Data Collection for 2012 Miscellaneous - Programs for the Eradication, Control and Monitoring of certain Animal Diseases and Zoonoses TSEs – BSE Breach COMMITTEES AND AGENCIES EU ESFA - EFSA FEEDAP Panel Holding the 100th plenary meeting SCFCAH – Animal Nutrition November Meeting CONSUMER PROTECTION Advertising – ASA Adjudications Price Marking – Clearer Pricing for Supermarkets Miscellaneous – Review of EU Copyright Rules CONTAMINANTS Miscellaneous – Dioxin Reduction in Feed and Food Miscellaneous – EFSA Study on Nitrate Levels in Vegetables Veterinary Medicinal Products – Diclazuril MRL ENFORCEMENT Codes and Guidance – Revised FSA Enforcement Guidance Official Control – FSA Updated Guidance on Regulation 669/2009 ENVIRONMENT Environmental Management – Resolution on Water Policy Waste - Consultation on Environmental Amendment Regulations 2013 Waste – Consultation on Alternatives to Waste Transfer Notes Waste – UK Response to Commission Review of Waste Policy and Legislation Waste – Waste Reduction through Courtauld Agreement Waste – Waste Prevention Programme for England FEEDINGSTUFFS Additives – Additive Authorisations Miscellaneous – Amendment to Undesirable Substances GENERAL Technical Rules – Draft Notifications Miscellaneous – EU’s Bilateral Trade and Investment Agreements Miscellaneous – Interim Report of Elliot Review into Integrity and Assurance of Food Supply Networks GENERAL FOOD LAW Miscellaneous – Food Law Guide Updated HEALTH & SAFETY Hazardous Substances – Updated Guidance on Dangerous Substances Hazardous Substances - Control of Substances Hazardous to Health Code of Practice Hazardous Substances – REACH Amendment concerning Polycyclic Aromatic Hydrocarbons Miscellaneous – Revised Code of Practice and Guidance on Workplace Regulations HYGIENE General - The Food Safety and Hygiene (England) Regulations 2013 General – Food Hygiene Rating System in Wales Microbiological Criteria – Legionella in Water Systems Microbiological Criteria - Increase in Salmonella Mikawasima Infections in Humans Products of Animal Origin – FVO Mission Report Published LABELLING Protected Names - New Applications, Registrations and Amendments NOVEL FOODS GMOs – Press Release on Agricultural Genetic Resources GMOs - Guidance on Applications for Authorisation of GM Plants GMOs – EFSA Editorial on New Commission Implementing Regulation on Risk Assessment of GM plant applications Other Novel Foods and Ingredients – Rooster Comb Extract Other Novel Foods & Ingredients – Call for Views on Refined Oil Other Novel Foods & Ingredients – Call for views on Chia Seeds PESTICIDES Residues – EFSA Opinions on Modification of Existing MRLs
Transcript
Food Law Alert 13 December 2013
Hot Topics Commission Guidance on Food Extracts with Colouring Properties
Union List of Smoke Flavouring Primary Products EFSA Opinion on Aspartame
Food Safety and Hygiene (England) Regulations 2013 Interim Report of Elliot Review into Integrity and Assurance of Food Supply Networks
Food Law Alert is a Campden BRI Member Service providing prompt and succinct news of legislative
developments. Whenever possible, links are given to relevant websites from where further information is available. In many cases entire documents can be downloaded. Normally, documents
Colours – FSA Update on Products Free of Colours associated with Hyperactivity Colours – Commission Guidance on Food Extracts with Colouring Properties Flavourings - EFSA Report on Diacetyl Flavourings – Union List of Smoke Flavouring Primary Products Other Additives – Amendment to Regulation 1333/2008 Sweeteners – COT Study on Aspartame Sweeteners – EFSA Opinion on Aspartame
ANIMAL HEALTH AND WELFARE Cattle – Electronic Identification of Bovine Animals Cattle – EFSA Opinion on Monitoring Procedures for Slaughter Defra – Customer Information Notes Miscellaneous – Resolution on EU Strategy for Protection and Welfare of Animals Miscellaneous –Zoonoses Data Collection for 2012 Miscellaneous - Programs for the Eradication, Control and Monitoring of certain Animal Diseases and Zoonoses TSEs – BSE Breach
COMMITTEES AND AGENCIES EU ESFA - EFSA FEEDAP Panel Holding the 100th plenary meeting SCFCAH – Animal Nutrition November Meeting
CONSUMER PROTECTION Advertising – ASA Adjudications Price Marking – Clearer Pricing for Supermarkets Miscellaneous – Review of EU Copyright Rules
CONTAMINANTS Miscellaneous – Dioxin Reduction in Feed and Food Miscellaneous – EFSA Study on Nitrate Levels in Vegetables Veterinary Medicinal Products – Diclazuril MRL
ENFORCEMENT Codes and Guidance – Revised FSA Enforcement Guidance Official Control – FSA Updated Guidance on Regulation 669/2009
ENVIRONMENT Environmental Management – Resolution on Water Policy Waste - Consultation on Environmental Amendment Regulations 2013 Waste – Consultation on Alternatives to Waste Transfer Notes Waste – UK Response to Commission Review of Waste Policy and Legislation
Waste – Waste Reduction through Courtauld Agreement Waste – Waste Prevention Programme for England
GENERAL Technical Rules – Draft Notifications Miscellaneous – EU’s Bilateral Trade and Investment Agreements Miscellaneous – Interim Report of Elliot Review into Integrity and Assurance of Food Supply Networks
GENERAL FOOD LAW Miscellaneous – Food Law Guide Updated
HEALTH & SAFETY Hazardous Substances – Updated Guidance on Dangerous Substances Hazardous Substances - Control of Substances Hazardous to Health Code of Practice Hazardous Substances – REACH Amendment concerning Polycyclic Aromatic Hydrocarbons Miscellaneous – Revised Code of Practice and Guidance on Workplace Regulations
HYGIENE General - The Food Safety and Hygiene (England) Regulations 2013 General – Food Hygiene Rating System in Wales Microbiological Criteria – Legionella in Water Systems Microbiological Criteria - Increase in Salmonella Mikawasima Infections in Humans Products of Animal Origin – FVO Mission Report Published
LABELLING Protected Names - New Applications, Registrations and Amendments
NOVEL FOODS GMOs – Press Release on Agricultural Genetic Resources GMOs - Guidance on Applications for Authorisation of GM Plants GMOs – EFSA Editorial on New Commission Implementing Regulation on Risk Assessment of GM plant applications Other Novel Foods and Ingredients – Rooster Comb Extract Other Novel Foods & Ingredients – Call for Views on Refined Oil Other Novel Foods & Ingredients – Call for views on Chia Seeds
PESTICIDES Residues – EFSA Opinions on Modification of Existing MRLs
Residues – EFSA Opinions on Review of Existing MRLs Residues - Cumulative risk assessment of pesticides residues in food
PRODUCTS Foods for Particular Nutritional Uses – European Commission November Working Group Meeting
Meat and Fish Products – Product Traceability and Consumer Information for Fishery Products Miscellaneous – Wine Making Oenological Practices Miscellaneous – Enrichment of Wine Seeds and Plants – FVO Mission Report Published
Food Law Alert Page 3 of 21 13/12/2013
FORTHCOMING EVENTS
Campden BRI's Annual Food Labelling Seminar New Date Please note that the Food Labelling Update Seminar took place on December. Due to high demand a re-run will take place on January 30th 2014. Bookings are now being taken for the new date.
When the Food Information to Consumers Regulation (FIC) comes into force in December 2014 it will fundamentally affect the labelling of food and drink within the EU. A clear understanding of these changes will minimise their impact and enable manufacturers, retailers and caterers as well as their suppliers to make a smooth transition to the new rules. For its 11th Annual Food Labelling Seminar, Campden BRI has once again assembled a team of experts to explain and discuss the significance and commercial implications of key changes to labelling legislation and related initiatives including: Retailers perspective on meeting the challenges of FIC implementation Latest updates on FIC Country of Origin labelling Food Authenticity, Monitoring and Policy Health claims and Marketing strategies COST PER DELEGATE: £395+VAT member, £495+VAT non-member For further details on the programme and how to register visit:
Dates for Your Diary 2014 Campden has an unrivalled reputation for the excellence of its food law training. Scheduled courses, normally run at Campden, are always highly-rated by the delegates who value the expertise of the tutors, the interactive nature of the teaching and the quality of the delegates reference handbooks. Food and Drink Labelling 5 - 6 February 2014 Food and Drink Labelling 2 - 3 April 2014 An Introduction to Food Law 29 - 30 April 2014 Beer Labelling Requirements at Nutfield 21 May 2014 Food Information to Consumers Workshop 21 May 2014 Nutrition and Health Claims 4 June 2014 Food and Drink Labelling 17 - 18 June 2014 Food and Drink Labelling 9 - 10 September 2014 Weights and Measures 2 October 2014 An Introduction to Food Law 15 - 16 October 2014 Food and Drink Labelling 19 - 20 November 2014 For further details, course content and how to register visit: http://www.campdenbri.co.uk/legislation-courses.php Dates for the events are quickly beginning to fill up so act quickly to avoid disappointment. Courses are increasingly being customised for individual companies, sectors and supply chain.
ADDITIVES Colours – FSA Update on Products Free of Colours associated with Hyperactivity The Food Standards Agency (FSA) published on 3 December 2013 an updated list of product ranges that do not contain the six food colours associated with possible hyperactivity in young children. The list includes companies that have product ranges that have never contained the six colours and companies that have reformulated their product ranges to remove the colours. 20043 Colours – Commission Guidance on Food Extracts with Colouring Properties The Commission published on 29 November 2013 a Guidance Document on the classification of food extracts with colouring properties. This Guidance document was endorsed by a large majority of the representatives of Member States at the meeting of the Standing Committee on the Food Chain and Animal Health on 29 November 2013. The guidance describes the criteria that determine the difference between selective and non-selective extraction (especially the Enrichment factor) and proposes a decision tree (Annex I) and a checklist (Annex II) to facilitate the classification. Furthermore, Annex IV provides a practical example of a classification and Annex III, once established, will provide reference values for the source materials. It is recommended that operators start following the principles and start adapt their products from 1 January 2014. All food products placed on the market after 29 November 2015 should be in line with the Guidance. 20044 Flavourings - EFSA Report on Diacetyl The European Food Safety Authority (EFSA) published on 29 November 2013, a Report in response to a request by the European Commission, in accordance with Article 31 of Regulation (EC) No 178/2002, to assess a recent publication on the possible effect of diacetyl [FL-No 07.052] in enhancing β-amyloid-induced neurotoxicity, and to verify whether these additional data are of concern for the safe use of diacetyl as a flavouring substance in food. EFSA concluded that the nature of the information provided in the scientific paper is not relevant to the risk assessment of the use of diacetyl as a flavouring agent in food. 20045
Flavourings – Union List of Smoke Flavouring Primary Products
Commission Implementing Regulation (EU) No 1321/2013 of 10 December 2013 establishing the Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke flavourings was published in the Official Journal of the EU, L333/54, 12/12/2013.
The Regulation lists 10 smoke flavouring primary products authorised to the exclusion of all others for use in or on foods and/or for the production of derived smoke flavourings. The Union list of smoke flavouring primary products in the Annex to the Regulation details the name of the product, the authorisation holder and address, the description and characterisation of the product and its conditions of use, and the date from when it is authorised (1 January 2014) and date until which the product is authorised (1 January 2024).
As smoke flavourings are already on the market in Member States, provision has been made in Article 20 of Regulation (EC) No. 2065/2003 for transitional periods. 20046 Other Additives – Amendment to Regulation 1333/2008 Commission Regulation (EU) No 1274/2013 of 6 December 2013 amending and correcting Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards certain food additives was published in the Official Journal of the EU, L328/79, 7/12/2013. Annex II and Annex III of Regulation (EC) 1333/2008 have been amended so that in Annex II the currently authorised food colour “Brilliant Black BN, Black PN” is renamed as “Brilliant Black PN” and the specification details are amended in Regulation (EU) No. 231/2012. Taking into account previous practice and in order to ensure consistency, and to avoid any disruption in trade, the dual name of Microcrystalline Cellulose, Cellulose Gel is adopted for the food additive (E 460(i)). The name ‘Cellulose gel’ is removed from the entry ‘Synonyms’ in the specifications for that food additive and its name is amended accordingly in Annex II to Regulation (EC) No 1333/2008. ‘Carboxy methyl cellulose, Sodium carboxy methyl cellulose, cellulose gum’ (E 466) is renamed as ‘Sodium carboxy methyl cellulose, Cellulose gum’ in Annexes II and III to Regulation (EC) No 1333/2008 and in the specifications for this additive. Regulation (EU) No 231/2012 contains errors in the specifications for Calcium Bisulphite (E 227) and Potassium Bisulphite (E 228). These errors are corrected.
The food additives ‘Brilliant Black BN, Black PN’ (E 151) or ‘Carboxy methyl cellulose, Sodium carboxy methyl cellulose, Cellulose gum’ (E 466) and foods containing those food additives, labelled or placed on the market up to twenty four months after the entry into force of this Regulation (27 December 2013) and which do not comply with the requirements of this Regulation, may be marketed until the stocks are exhausted. 20047 Sweeteners – COT Study on Aspartame
The FSA published on 4 December 2013 a report from The Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment (COT) on the study of Aspartame. COT has peer reviewed a double blind randomised crossover study of aspartame, commissioned by the FSA. The research aimed to record any effects from eating a snack bar that may or may not have contained aspartame. The study recruited individuals who reported reactions after consuming aspartame, alongside a matched control group of individuals who normally consume foods containing aspartame without problems.
The expert Committee concluded that the results presented did not indicate any need for action to protect the health of the public. 20048 Sweeteners – EFSA Opinion on Aspartame EFSA’s Panel on Food Additives and Nutrient Sources added to Food published on 10 December 2013 a Scientific Opinion on the re-evaluation of aspartame (E951) as a food additive. In previous evaluations by JECFA and the SCF, an ADI of 40 mg/kg bw/day was established based on chronic toxicity in animals. The Panel based its evaluation on original study reports and information submitted following public calls for data, previous evaluations, and additional literature that had
become available until the end of the public consultation on the draft Scientific Opinion on the re-evaluation of aspartame (E 951) as a food additive (15 February 2013). The Panel also evaluated literature published after the end of the public consultation, until 15 November 2013. In the current opinion, the Panel concluded that aspartame was not of safety concern at the current aspartame exposure estimates. Therefore, there was no reason to revise the ADI 40 mg/kg bw/day of aspartame. Current exposures to aspartame - and its degradation product DKP - were below their respective ADIs. The ADI is not applicable to PKU patients. EFSA also published on 10 December 2013 a Statement on two reports published after the closing date of the public consultation of the draft Scientific Opinion on the re-evaluation of aspartame (E 951) as a food additive. The Panel concluded that the toxicological reviews do not alter the conclusions on the risk assessment of aspartame performed by EFSA 20049 ANIMAL HEALTH AND WELFARE Cattle – Electronic Identification of Bovine Animals Amendments adopted by the European Parliament on 11 September 2012 on the amended proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1760/2000 as regards electronic identification of bovine animals and deleting the provisions on voluntary beef labelling (COM(2012)0162 – C7-0114/2012 – 2011/0229(COD)) were published in the Official Journal of the EU, C353E/179, 3/12/2013. Further amendments to the proposal in April 2012 detail a voluntary regime, where electronic identification (EID) of bovine animals would be considered an acceptable and suitable legal means of identification, with the possibility for Member States to introduce a mandatory regime at national level. 20050 Cattle – EFSA Opinion on Monitoring Procedures for Slaughter EFSA’s Panel on Animal Health and Welfare published on 3 December 2013 a Scientific Opinion proposing a ‘toolbox’ of welfare indicators for developing monitoring procedures at slaughterhouses for bovines stunned with penetrative captive bolt or slaughtered without stunning. The opinion proposes monitoring indicators to be used and sampling protocols to be put in place at slaughterhouses. This work has been carried out in the context of the new EU legislation on the protection of animals at the time of killing (Council Regulation EC No 1099/2009). 20051 Defra – Customer Information Notes Defra has issued the following Customer Information Notes (CIN) on its webpages:
CIN 2013/110 Export of deboned beef cuts to Singapore
20052 Miscellaneous – Resolution on EU Strategy for Protection and Welfare of Animals European Parliament Resolution 2013/C 349 E/07, implementing the European Union Strategy for the Protection and Welfare of Animals 2012–2015 (2012/2043(INI) was published in the Official Journal of the EU, C349 E/62, 29/11/2013.
The Resolution includes details of the broad animal health standards, across Europe, looking at the approach to animal welfare, based on solid scientific evidence with the need for simplification, cost-efficiency, applicability of standards and consistency with, in particular, environmental and public health policy. 20053
Miscellaneous –Zoonoses Data Collection for 2012 EFSA published on 5 December 2013 a Technical report on the activities of the task force on Zoonoses data collection in 2012. This report includes the annual report to the Advisory Forum on the activities on EFSA Network of Task Force on Zoonoses Data Collection in 2012. The Task Force reviewed a number of reports. These reports covered among others the annual EU Summary Reports on zoonoses, food-borne outbreaks and antimicrobial resistance, reports on specifications for analysing and reporting of antimicrobial resistance data and a report on epidemiological indicators for meat inspection of poultry. 20054 Miscellaneous - Programs for the Eradication, Control and Monitoring of certain Animal Diseases and Zoonoses Commission Implementing Decision No 2013/722/EU of 29 November 2013, approving annual and multiannual programmes and the financial contribution from the Union for the eradication, control and monitoring of certain animal diseases and zoonoses presented by the Member States for 2014 and the following years was published in the Official Journal of the EU, L328/101, 7/12/2013. The decision sets out unit costs for both animals and birds in all Members States in relation to specified diseases and Zoonoses. 20055 TSEs – BSE Breach The FSA published on 5 December 2013 a news story welcoming the successful prosecution of the Cleveland Meat Company Ltd for breaches of food safety regulations. The FSA brought the prosecution against the Cleveland Meat Company after FSA staff identified breaches of the regulations, which are in place to prevent potential consumer exposure to BSE. The company was ordered to pay more than £27,000 in fines and prosecution costs after being found guilty on 12 charges. These breaches included the failure to remove specified risk material (SRM) from a sheep carcass. 20056 COMMITTEES AND AGENCIES EU ESFA - EFSA FEEDAP Panel Holding the 100th plenary meeting EFSA published on 3 December 2013 a feature story, celebrating the 100th plenary meeting of its Panel on Additives and Products or Substances used in Animal Feed (FEEDAP Panel). Since 2003, when it was established, the Panel has been assessing the safety of feed additives on human and animal health and the environment, publishing over 540 scientific opinions. The FEEDAP
Panel is the first EFSA Panel to reach the landmark 100th plenary meeting. The work of the Panel supports risk managers in their decisions on the authorisation of feed additives. 20057 SCFCAH – Animal Nutrition November Meeting The FSA published on 21 November 2013 an update providing information on the meeting of the Standing Committee on the Food Chain and Animal Health, section on Animal Nutrition, held on 15 November 2013. At the meeting three votes were taken on feed additive authorisations. The European Commission indicated that it is considering bringing the controls for endosulfan in feed into line with those for food. This would be expected to lower limits for certain feed types. A vote to amend Regulation 152/2009 (official sampling and analysis of feed) with regard to analysis of feed for dioxins and PCBs did not go ahead due to the late agreement of the text within the European Commission. 20058 CONSUMER PROTECTION Advertising – ASA Adjudications The Advertising Standards Authority (ASA) published on 4 December 2013 an adjudication relating to a TV advert for beer. The advert featured three main stories shown in slow motion and set to the chorus of “Climb Ev'ry Mountain” with the lyrics "climb every mountain, ford every stream, follow every rainbow, 'til you find your dream”.
The complainant challenged whether the advert implied that alcohol could contribute to an individual's popularity or confidence, implied that drinking alcohol was a key component of social success and that the success of a social occasion depended on the presence or consumption of alcohol. It was also claimed that it portrayed alcohol as indispensable, as taking priority in life, implied that drinking could overcome problems and that alcohol had therapeutic qualities, and portrayed it as capable of changing mood and behaviour. The complaint was upheld on the basis that it breached the BCAP rules on responsible advertising and alcohol.
The ASA published on 4 December 2013 an adjudication relating to a TV advert for a fast food restaurant relating to a large meal for one.
The complainant challenged whether the ad condoned or encouraged excessive consumption of food. The advert was upheld on the basis that there was no suggestion that an individual should, or that it would be advisable to, consume the meal on a daily or regular basis and concluded that the ad did not condone or encourage the excessive consumption of food. 20059 Price Marking – Clearer Pricing for Supermarkets The Department for Business, Innovation and Skills (BIS) published on 4 December 2013 its findings into a challenge set by the Consumer Minister earlier this year, for major supermarkets in the UK to make pricing clearer and simpler for shoppers. A challenge was set to improve the way unit prices are displayed. All of the 10 major supermarkets have committed to making sure that, where it is in their control, unit pricing is consistent across brands and within their own brands. 6 out of the 10 supermarkets include the unit price on promotions for multi-buys of the same item.
All 10 supermarkets are improving the visibility of the labels on supermarket shelves. 20060 Miscellaneous – Review of EU Copyright Rules The European Commission published 5 December 2013 a Press Release announcing the launch of a public consultation as part of its on-going efforts to review and modernise EU copyright rules. The consultation invites stakeholders to share their views on areas identified in the Communication on Content in the Digital Single Market, such as territoriality in the Single Market, harmonisation, limitations and exceptions to copyright in the digital age; fragmentation of the EU copyright market; and how to improve the effectiveness and efficiency of enforcement while underpinning its legitimacy in the wider context of copyright reform. The consultation is open until 5 February 2014. 20061 CONTAMINANTS Miscellaneous – Dioxin Reduction in Feed and Food Commission Recommendation 2013/711/EC of 3 December 2013 on the reduction of the presence of dioxins, furans and PCBs in feed and food, was published in the Official Journal of the EU, L323/37, 4/12/2013. It recommends that the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in free-range eggs, organic eggs, lamb and sheep liver, Chinese mitten crab, dried herbs and clays as food supplement be subject to increased monitoring and specifies that the action levels expressed on product basis refer to wet weight. In cases of non-compliance with the provisions of Directive 2002/32/EC and Regulation (EC) No 1881/2006, and in cases where levels of dioxins and/or dioxin-like PCBs are in excess of the action levels specified in the Annex to this Recommendation. Member States, in cooperation with operators,must initiate investigations to identify the source of contamination and take measures to reduce or eliminate the source of contamination. This Recommendation replaces Recommendation 2011/516/EC. 20062 Miscellaneous – EFSA Study on Nitrate Levels in Vegetables EFSA in conjunction with The University of Maribor published on 26 November 2013 the results of a study on the influence of food processing on nitrate levels in vegetables. The main objective was to study the effects of processing on nitrate content. Changes in the nitrate content during processing depend on the type of vegetables and the type and implementation of processing technique (PT). In general, some kitchen PTs e.g. boiling and washing, decreased nitrate content irrespective of the vegetable type. Blanching and puréeing decreased nitrate content during processing of all tested vegetables. In contrast, some techniques increased nitrate content e.g. deep frying, sautéing and grilling. Time of harvest and agricultural cultivation system influenced nitrate content in raw vegetables, but were generally found to be less important than the changes during
Veterinary Medicinal Products – Diclazuril MRL Commission Implementing Regulation (EU) No 1235/2013 of 2 December 2013 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance diclazuril, was published in the Official Journal of the EU, L322/21, 3/12/2013. Following a recommendation by The Committee for Medicinal Products for Veterinary Use for the establishment of a MRL for diclazuril for rabbits, applicable to muscle, fat, liver and kidney, Regulation (EU) No 37/2010 has been amended to include the MRL for diclazuril in respect of rabbits. 20064 ENFORCEMENT Codes and Guidance – Revised FSA Enforcement Guidance The FSA has published updated enforcement guidance. Links are provided within the document to associated guidance documents and dates when the documents are to be next reviewed. 20065 Official Control – FSA Updated Guidance on Regulation 669/2009 The FSA published on 4 December 2013 revised guidance for enforcement officers on increased levels of official controls on imports of certain feed and food of non-animal origin of known or emerging risk. 20066 ENVIRONMENT Environmental Management – Resolution on Water Policy European Parliament Resolution 2013/C 349 E/02, Implementing EU water legislation ahead of a necessary overall approach to European water challenges (2011/2297(INI)), was published in the Official Journal of the EU, C349 E/9, 29/11/2013. The Resolution includes details of the improvement in the quality of European water and waste water treatment across Member States and regions but acknowledges that the implementation action in the field of water policy WFD needs to be improved significantly in order to achieve ‘good status’ throughout European waters by 2015. 20067 Waste - Consultation on Environmental Amendment Regulations 2013 Defra announced on 10 December 2013 the outcome of the consultation on the draft Environmental
Permitting (England and Wales) (Amendment) Regulations 2013. The proposed amendments, generally of a deregulatory nature, were to the Environmental Permitting (England and Wales) Regulations 2010.
There was an overall majority in favour of offering greater flexibility around the requirement for certain waste businesses to have to secure relevant planning permission as a pre-requisite to the grant of an environmental permit. 20068 Waste – Consultation on Alternatives to Waste Transfer Notes Defra announced on 9 December 2013 that it has launched a consultation on alternatives to waste transfer notes and other aspects of waste regulation. This consultation proposes greater flexibility in the way information on the description of wastes may be completed as an alternative to the use of Waste Transfer Notes. This consultation follows on from the recommendations in the red tape challenge. The closing date for responses to the consultation is 20 January 2013. 20069 Waste – UK Response to Commission Review of Waste Policy and Legislation Defra announced on 3 December 2013 that it has published the Government’s response to the EU waste policy and legislation consultation, focusing on areas from preventing food waste through to recycling plastics.
The Government recommends that the European Commission should find ways to help Member States implement existing targets before setting new targets. The European Commission should determine the barriers in existing legislation to reuse, recycling and recognising the value from waste products. 20070 Waste – Waste Reduction through Courtauld Agreement The Food and Drink Federation announced on 28 November 2013 that under the second phase of the voluntary Courtauld agreement, which ran from 2010 to 2012, figures released by WRAP show that good progress has been made. The UK grocery sector reduced food and packaging waste by 1.7 million tonnes, the equivalent of 4.8 million tonnes of CO2. The supply chain target was exceeded, seeing a 7.4% reduction against a 5% target. Packaging performed well, meeting the 10% carbon impact reduction target. 20071 Waste – Waste Prevention Programme for England Defra announced on 11 December 2013 that the new Waste Prevention Programme for England has been launched. ‘Prevention is better than cure: The role of waste prevention in moving to a more resource efficient, circular economy’ sets out the Waste Prevention Programme for England, a requirement of the revised Waste Framework Directive (rWFD).
This Programme sets out the Government’s view on how to reduce the amount of waste produced and presents the key roles and actions which should be taken. It also sets out the actions government is taking.
Defra also published on 11 December a summary of responses and the Government response. 20072
FEEDINGSTUFFS Additives – Additive Authorisations Commission Implementing Regulation concerning the authorisation of the following substance as a feed additive has been published in the Official Journal of the EU:
Commission Implementing Regulation
Feed additive Date of Publication
Use End of period of authorisation
1222/2013 Propionic acid, sodium propionate and ammonium propionate
30 November 2013
Silage additive for ruminants, pigs and poultry
20 December 2023
20073 Miscellaneous – Amendment to Undesirable Substances Commission Regulation (EU) No 1275/2013 of 6 December 2013 amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels for arsenic, cadmium, lead, nitrites, volatile mustard oil and harmful botanical impurities was published in the Official Journal of the EU, L328/86, 7/12/2013. Annex I to Directive 2002/32 EC, which deals with undesirable substances in animal feed, has been amended. The amendments affect the maximum quantities of arsenic, cadmium, lead, nitrite, volatile mustard oil, and harmful botanical impurities. The Regulation enters into force on 27 December 2013. 20074 GENERAL Technical Rules – Draft Notifications The European Commission has published notifications of the following draft national rules as summarised below:
Country Subject Summary
UK The draft Jam and Similar Products Regulations 2014
The UK is proposing to lower the permitted soluble dry matter content for all Annex I part I products specified in the Directive (jam, extra jam, jelly, extra jelly, jelly marmalade, marmalade and sweetened chestnut purée) from the current minimum of 60% to 50%.
20075 Miscellaneous – EU’s Bilateral Trade and Investment Agreements The European Commission published on 3 December 2013 a Press Release on the current position of the EU in relation to its bilateral trade and investment agreements.
According to International Monetary Fund estimates, over the coming years, 90% of world demand will be generated outside the EU. That is why it is a key priority for the EU to open up more market opportunities for European business by negotiating new Free Trade Agreements with key countries. The press release sets out a regional overview of the most important on-going and concluded free trade negotiations the EU has. 20076 Miscellaneous – Interim Report of Elliot Review into Integrity and Assurance of Food Supply Networks Defra announced on 12 December 2013 that the interim Report of the Elliot Review into the Integrity and Assurance of food supply networks and its responses to the Report have been published.
The aim of the Review is to advise the Secretary of State for the Environment, Food and Rural Affairs and the Secretary of State for Health and also industry on issues which impact upon consumer confidence in the authenticity of food products, including any systemic failures in food supply networks and systems of oversight with implications for food safety and public health, and to make recommendations. The need for a more coordinated and proactive approach to food crime is the principal theme of the report and Professor Elliott highlights that there is a role for central government, local authorities and the food industry to play in this area.
Action already being taken to prevent and identify food crime is identified as, including:
unannounced inspections of meat cutting plants have increased, with 1,450 having taken place since January this year
the food industry undertakes a rigorous testing programme to ensure food authenticity. For horsemeat alone, the results of 31,000 tests have been reported to the FSA
the FSA is undertaking a study to test that products which are labelled as being from the UK are, in fact, from the UK
the government has increased funding to £2 million to support local authorities’ coordinated programme of food sampling
the FSA will lead further testing of beef products for horsemeat the FSA is working with the European Commission (DG SANCO) and other Member States to
establish an EU wide food fraud unit the FSA is working with industry and the European Commission to identify further targeted
sampling programmes and how they might be implemented the FSA is developing a new Intelligence Hub to improve its capability to identify, and prevent,
threats to food safety and integrity that are identified by expert analysis based on the approach to intelligence used by police
The interim report will now be considered ahead of the final report due to be published next year. The FSA also published on 12 December 2013 a Press Release on the Report. 20077 GENERAL FOOD LAW Miscellaneous – Food Law Guide Updated The FSA Food Law Guide has been updated (November 2013). The Guide is reviewed and republished every three months. It covers legislation in England, Wales and Northern Ireland.
References to Scottish legislation have been removed because FSA Scotland has published its own food and feed law guide. 20078 HEALTH & SAFETY Hazardous Substances – Updated Guidance on Dangerous Substances The HSE announced on 9 December 2013 that it has consolidated five Approved Codes of Practice (ACOPs) under the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR), relating to dangerous substances in the workplace. The consolidated document (with the series code L138) is relevant to businesses handling or storing flammable substances. 20079 Hazardous Substances - Control of Substances Hazardous to Health Code of Practice The HSE has announced that the sixth edition of the Approved Code of Practice and guidance on Control of Substances Hazardous to Health has been published. It provides practical advice to help dutyholders comply with the requirements of the COSHH Regulations. It also takes account of regulatory changes following the introduction of the EU Regulations for REACH (Registration, Evaluation, Authorisation and restriction of Chemicals) and CLP (European Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures). 20080 Hazardous Substances – REACH Amendment concerning Polycyclic Aromatic Hydrocarbons Commission Regulation (EU) No 1272/2013 of 6 December 2013 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards polycyclic aromatic hydrocarbons was published in the Official Journal of the EU, L328/69, 7/12/2013. Annex XVII of Regulation 1907/2006, dealing with restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles has been amended by the addition of further restriction conditions in respect of Polycyclic Aromatic Hydrocarbons. The restriction concerns articles where the rubber or plastic component that comes into direct as well as prolonged or short term repetitive contact with the human skin or oral cavity, under normal or reasonably foreseeable conditions of use, contain more than 1 mg/kg of any of the listed PAHs. There are also amendments concerning the substance in toys and childcare articles. The Regulation applies from 27 December 2015. 20081
Miscellaneous – Revised Code of Practice and Guidance on Workplace Regulations The HSE has issued a revised Code of Practice in relation to The Workplace (Health, Safety and Welfare) Regulations 1992. The Code of Practice covers a wide range of basic health, safety and welfare issues and applies to most workplaces (except those involving construction work on sites, those in or on a ship and those below ground in a mine).
It also details the regulatory requirements on issues such as ventilation, temperature, lighting, cleanliness (including washing facilities), room dimensions, workstations and fabrication. 20082 HYGIENE General - The Food Safety and Hygiene (England) Regulations 2013 The Food Safety and Hygiene (England) Regulations 2013, SI 2013 No. 2996 were laid before parliament on 3 December 2013 and enter into force on 31 December 2013. These Regulations revoke and re-enact with some minor changes the Food Hygiene (England) Regulations 2006 and certain provisions of the General Food Regulations as they apply in relation to England. These Regulations provide for the execution and enforcement in England of Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law as read with Commission Implementing Regulation (EU) No 931/2011 on the traceability requirements and with Commission Implementing Regulation (EU) No 208/2013 on traceability requirements for sprouts and seeds intended for the production of sprouts. These Regulations also provide for the execution and enforcement of the following EU Regulations:
Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs;
Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin;
Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption;
Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs; and
Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for
Trichinella in meat.
The Regulations revoke Regulations 3, 4, 5, 6, 6A and 7 of the General Food Law Regulations 2004, the General Food Hygiene (England) Regulations 2006 and subsequent amendments and The Food (Cheese) (Emergency Control) Order 1998 and subsequent amendments.
20083
General – Food Hygiene Rating System in Wales The FSA published on 28 November 2013 a news item regarding the Food Hygiene Rating System in Wales. The Food Hygiene Rating (Wales) Act 2013, introduced by the Welsh Government requires businesses in Wales that serve or sell food to display their food hygiene rating at their premises. The scheme will cover places where people eat out, including restaurants, takeaways, mobile caterers, cafés, hotels and pubs; places where people shop for food, such as supermarkets, bakeries and delicatessens; and establishments such as schools, hospitals, children’s nurseries and residential care homes. 20084 Microbiological Criteria – Legionella in Water Systems The HSE published on 25 November 2013 an update to information on managing and controlling Legionella in water systems.
The HSE has revised the Legionnaires’ disease Approved Code of Practice (ACOP) (L8), removing the technical guidance which has been published separately online, but updating the technical guidance to incorporate technological advancements and separating it from general guidance on the regulations. It includes information on identifying and assessing sources of risk; preparing a scheme to prevent or control risk; implementing, managing and monitoring precautions; keeping records of precautions; and appointing a competent person with sufficient authority and knowledge of an installation to help take measures needed to comply with the law 20085 Microbiological Criteria - Increase in Salmonella Mikawasima Infections in Humans EFSA together with The European Centre for Disease Prevention and Control (ECDC), published on 29 November 2013 a report on the unusual increase in the number of Salmonella Mikawasima infections in humans being observed in several European Union (EU) countries since September 2013, and the gradual increase in the reported number of infections being observed since 2009 in the European Union/European Economic Area (EU/EEA) as a whole. Epidemiological and microbiological investigations do not allow conclusions to be drawn on whether the cases are linked. The S. Mikawasima isolates recorded in animals are also to be assessed in view of the recent increase in the number of human cases. This may support the generation of epidemiological hypotheses for testing, with the aim of identifying a common source of transmission. 20086 Products of Animal Origin – FVO Mission Report Published The European Commission has published the following mission report::
Country Date of Mission Purpose of Mission
Hungary 7-17 May 2013 To evaluate the food safety control systems in place governing the production and placing on the market of poultry meat and products derived therefrom
20087 LABELLING Protected Names - New Applications, Registrations and Amendments Information concerning the following applications, registrations and amendments of food names has been published in the Official Journal of the EU:
Name Notification Status Commodity Country
Saint-Marcellin Registration PGI Cheese France
Pembrokeshire Earlies/Pembrokeshire Early Potatoes
20088 NOVEL FOODS GMOs – Press Release on Agricultural Genetic Resources The European Commission published on 29 November 2013 a Press Release reporting on the Agricultural Genetic Resources - from conservation to sustainable use, which outlines the Commissions’ aims for the period until 2020. The report highlights the need for a change of rationale with greater emphasis on an increased sustainable use of genetic resources such as traditional or endangered breeds of animals or plants.
The report is accompanied by a second document, reporting on existing programmes, as required by the end of 2013 under the current regulation. 20089 GMOs - Guidance on Applications for Authorisation of GM Plants EFSA published on 6 December 2013 guidance to applicants for submitting an application for authorisation of genetically modified (GM) plants for food and feed uses, import and processing, and/or cultivation in the European Union under Regulation (EC) No 1829/2003. The guidance describes the community procedures in the European Union for handling GM plant applications, and provides instructions to applicants on how to prepare and present data in an application. 20090 GMOs – EFSA Editorial on New Commission Implementing Regulation on Risk Assessment of GM plant applications EFSA published on 11 December 2013 an editorial article on the novel elements and challenges of the new Commission Implementing Regulation (IR) on Risk Assessment of GM plant applications. The new elements in the IR have triggered several activities within EFSA. One is an update of the EFSA submission guidance (EFSA, 2011) which advises and supports applicants in the preparation and presentation of a dossier. Whilst the new IR reflects largely the content of the EFSA 2011 Food/Feed Guidance Document, several important new elements have been added by the Member States and the European Commission. Some of the new elements are in line with EFSA recommendations, for example regarding allergenicity. 20091 Other Novel Foods and Ingredients – Rooster Comb Extract
Commission Implementing Decision 2013/705/EC of 29 November 2013 authorising the placing on the market of rooster comb extract as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document C(2013) 8319) was published in the Official Journal of the EU, L322/39, 3/12/2013. The Regulation provides the specification for rooster comb extract and its conditions of use. Authorised uses are in milk-based drinks, milk-based fermented drinks, yogurt-type products and fromage frais. 20092 Other Novel Foods & Ingredients – Call for Views on Refined Oil The FSA published on 5 December 2013 a news item following the Advisory Committee on Novel Foods and Processes (ACNFP) call for views on an application from a US company for approval to market a refined oil as a novel food ingredient. Views are wanted on the committee’s draft opinion that this novel food ingredient should be approved for use. The oil is from a plant known as Buglossoides arvensis and is a rich source of omega-3 and omega-6 fatty acids. it is proposed for use in a range of foods, including dairy products, food supplements and breakfast cereals. The deadline for comments on the draft opinion is 15 December 2013. 20093
Other Novel Foods & Ingredients – Call for views on Chia Seeds The FSA published on 3 December 2013 a news item following the ACNFP call for views on an application for Chia seeds to be approved for use in the European Union (EU) under the simplified approval procedure. The ACNFP has considered this application and has formed a positive draft opinion. If approved, the applicant's chia seeds will be used in bread and bread products, breakfast cereal, fruit, nut and seed mixes and 100% packaged chia seeds. The deadline for comments on the draft opinion is 24 December 2013. 20094 PESTICIDES Residues – EFSA Opinions on Modification of Existing MRLs EFSA has published Reasoned Opinions on the modification of existing MRLs, according to Article 6 of Regulation (EC) No 396/2005, for:-
Dicamba
Pyriproxyfen 20095 Residues – EFSA Opinions on Review of Existing MRLs EFSA has published Reasoned Opinions on the review of existing MRLs, according to Article 12 of Regulation (EC) No 396/2005, for:-
Fluroxypyr
Metrafenone 20096 Residues - Cumulative risk assessment of pesticides residues in food EFSA published on 3 December 2013 a Scientific Opinion from the Panel on Plant Protection Products and their Residues (PPR Panel) on the relevance of dissimilar mode of action and its appropriate application for cumulative risk assessment of pesticides residues in food. The purpose of the opinion was to assess the relevance of dissimilar modes of action (MoA) for cumulative risk assessment, to evaluate the existing methods for assessing chemicals acting by dissimilar MoA and to identify which methods need to be considered 20097 PRODUCTS Foods for Particular Nutritional Uses – European Commission November Working Group Meeting The Department of Health published on 4 December 2013 an update from the European Commission Working Group on Foods for Specific Groups held on 15 November 2013. Two documents discussed
at the meeting related to requirements for food for special medical purposes for infants (FSMPs) and pesticides in food for infants and young children. Discussions focused on whether stricter requirements should be set for FSMPs for infants and whether these products should comply with the requirements applicable to ‘normal’ formula. The Commission has asked Member States to submit lists of types of FSMPs for infants notified at national level to help inform discussions. With regard to pesticides, there was general agreement that EFSA should be asked to review the scientific opinions from 1997/1998 on setting specific requirements on the use of pesticides in infant formulae, follow-on formulae, processed cereal-based foods and baby foods for infants and young children. Comments on the above issues or on any other aspects of the FSG Regulation are invited to be sent by 11 January 2014. 20098 Meat and Fish Products – Product Traceability and Consumer Information for Fishery Products Commission statement by the European Parliament and by the council on control rules in the area of product traceability and consumer information was published in the Official Journal of the EU, C 351 E/72, 30/11/2013. The statement invites the European Commission to submit to them a proposal aiming at amending the Control Regulation (Regulation No 1224/2009), taking into account the need for regulating the provision of information as regards products derived from wild capture fisheries. In particular to adopt in due course, the necessary amendments to the Commission Implementing Regulation (EU) No 404/2011 as regards the mandatory information to the consumer (date of minimum durability, date of catch and date of harvest and commercial name, production method and provenance for prepared and preserved products) in order to take into account the provisions of this Regulation, the Control Regulation, as amended, and Regulation 1169/2011 on the provision of food information to consumers. 20099 Miscellaneous – Wine Making Oenological Practices
Commission Implementing Regulation (EU) No 1251/2013 of 3 December 2013 amending Regulation (EC) No 606/2009 as regards certain oenological practices and Regulation (EC) No 436/2009 as regards the registering of these practices in the wine sector registers, was published in the Official Journal of the EU, L323/28, 4/12/2013. As well as amendments to the layout and some text addition, a new appendix is added that covers the requirements for the management of dissolved gas in wine using membrane contactors. This Regulation entered into force on 7 December 2013. 20100 Miscellaneous – Enrichment of Wine
Commission Implementing Regulation (EU) No 1277/2013 of 9 December 2013 authorising an increase of the limits for the enrichment of wine produced using the grapes harvested in 2013 in certain wine-growing regions or a part thereof was published in the Official Journal of the EU, L329/10, 10/12/2013.
Regulation (EC) No 1234/2007 provides that Member States may request that the limits for increasing the alcoholic strength (enrichment) of wine by volume be raised by up to 0.5 % in years in which climatic conditions have been exceptionally unfavourable. An increase of the limits for the enrichment
of wine produced using the grapes harvested in 2013 is authorised in wine-growing regions in the Czech Republic, Germany, France, Croatia, Luxembourg, Hungary, Austria, and Slovakia 20101 Seeds and Plants – FVO Mission Report Published The European Commission has published the following mission report::
Country Date of Mission Purpose of Mission
Italy 11-21 June 2013 To evaluate the system of import controls for plant health
20102
Prepared and released by Campden BRI’s Food Legislation Team
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Only European Community legislation printed in the paper edition of the Official Journal of the European Union is deemed authentic'
