September 2006 update on chemical contaminants legislation

The new consolidated Commission Regulation replacing Commission Regulation 466/2001 setting maximum levels for certain contaminants in foodstuffs was agreed unanimously at Standing Committee on GMOs on 11 September.

The consolidation of Regulation 466/2001, setting maximum levels for certain contaminants in foodstuffs, and its 19 amendments is now complete. The agency is currently developing a new draft Statutory Instrument (SI) (the Draft Contaminants in Food (England) Regulations 2007), which is needed to give effect to the new Commission Regulation in England. A formal consultation on the draft SI will be carried out in the Autumn. A note on the consolidated Regulation is available.

The Commission addressed concerns with regard to meeting the limits for deoxynivalenol and zearalenone in bran for direct consumption; stating that cereals for such products would have to be carefully selected just like those for baby foods. Other comments received from industry as well as future limits for other fusarium toxins will be discussed at the next Fusarium workshop to be hosted by the Commission around November 2006.

There was a request for clarification from the Commission regarding the limits for fusarium toxins that came into force on 1 July 2006 (Commission Regulation 856/2005). The question raised was if a consignment of a cereal was imported from a third country before 1 July 2006 and then sold on or after 1 July 2006 would the limits apply. The Commission stated that imports/sales of cereals before 1 July 2006 are not covered by the limit and therefore do not have to comply. However, after 1 July 2006 all cereal (whether imported, home grown or for resale) must comply with the limits laid down in the Regulation.

A number of changes in the form rather than the content of the consolidation of Regulation 466/2001 have been made. This Regulation was agreed at the Standing Committee of the 11 September.

A summary of the changes made is available.

Mycotoxins

Update on the discussion as regards specific provisions for the sampling of large batches of cereals and a screening approach for the control of mycotoxins (in particular Fusarium toxins)

There has been no further progress in this area since the meeting in February and to date no draft documents are available.

Consolidated Emergency Commission Decisions on aflatoxins
The European Commission has consolidated and harmonised the measures it has taken to ensure aflatoxin-contaminated products do not enter the European Union. The Commission Decision, 2006/504/EC applies from 1 October 2006.

The Commission Decision, 2006/504/EC [Official Journal of the European Union, L199, 21.7.2006, p. 21-32], applies from 1 October 2006. These are also available from the Commission website.

The Decision has been enacted into English law by a Declaration made under Regulation 33 of The Official Feed and Food Controls (England) Regulations 2006 (S.I. 2006/15). Parallel legislation will be made in Scotland, Wales and Northern Ireland.

A Statutory Instrument [SI 2006 No. 2289] revoking the current English Emergency Control Regulations implementing Commission Decisions 2000/49/EC, 2002/79/EC, 2002/80/EC, 2003/493/EC and 2005/85/EC will come into force on 1 October 2006.

Guidance document for competent authorities for the control of compliance with EU legislation on aflatoxins

The latest version of this document incorporates changes needed following the consolidation of the sampling Directives for mycotoxins into a single Regulation and the consolidation of the five Commission Decisions on specific import measures. This latest draft of the document provides further detailed information on official controls for aflatoxins both at import and at retail level.

The current guidance document has been considerably revised and updated in light of the new sampling Regulation 401/2006 and the forthcoming consolidated Decision. It is expected that this document will be endorsed at the next meeting of the Standing Committee on the Food Chain and Animal Health on 6 October. We will notify stakeholders once the agreed version of the Guidance document has been published on the Commission's website.

Pre-export certificates of analysis

The Commission stated that pre-export certificates or Memorandum of Understanding with third countries will no longer be accepted. Article 23 of Regulation 882/2004, which came into force on the 1st January 2006, provides for a mechanism by which third countries can formally apply for pre-export certification to the Commission.

Opinion of the EFSA Scientific Panel on Contaminants in the Food Chain on a request from the Commission related to ochratoxin A in Food, adopted in 4 April 2006
The EFSA Panel on Contaminants in the Food Chain (CONTAM) of the European Food Safety Authority (EFSA) has published its opinion on ochratoxin A, a mycotoxin naturally produced by certain fungi such as the Penicillium and Aspergillus species.

The Panel concluded that, when consumed, ochratoxin A accumulates in the kidney and is particularly toxic to this organ. Taking into account all data currently available the Panel derived a Tolerable Weekly Intake (TWI) of 120 ng per kg body weight for ochratoxin A. The experts recommended that all efforts be made to continue to reduce ochratoxin A levels in food and that a monitoring programme be established to gather more specific exposure data for certain vulnerable groups.

The full text of the opinion can be found on the EFSA website.

Review of the provisions as regards ochratoxin A based upon the recent risk assessment on ochratoxin A as forseen in Commission Regulation 123/2005 amending Regulation 466/2001

The Commission has opened the discussion on reviewing the limits set for ochratoxin A in dried vine fruit and grape juice and also setting limits for those commodities listed in Regulation 123/2005, which do not have any limits set at present. It has agreed that the publication of the EFSA opinion on ochratoxin A did not mean that a further reduction of the limits set was required.

Preliminary discussions have commenced to consider the need to set limits for ochratoxin A in additional commodities including spices, liquorice (raw stem and root only), beer (low ochratoxin A occurrence, but high consumption), meat (including offal and blood products) and for products that are especially consumed by children.

The Commission agreed to set some priorities for setting limits with spices and liquorice at the forefront, followed by products consumed by children (such as cocoa and cocoa products and dried fruits) although consumption data will be required to allow the proposed values to accurately reflect the actual situation.

In order to facilitate the further discussions on this issue we would be grateful for any data available on the occurrence of ochratoxin A in green coffee, spices, liquorice, beer, cocoa and cocoa products, dried fruit other than dried vine fruit, liqueur wines and meat and meat products as soon as possible.

Businesses affected by the coming into force of any new measures are warmly invited to submit pertinent information including additional costs, if any, that they may incur as a result of setting additional limits for ochratoxin A.

The Commission Recommendation on the prevention and reduction of Fusarium toxins in cereals and cereal products has been published in the Official Journal [Official Journal of the European Union, L234, 29.8.2006, 35-40].

The Commission Recommendation on the presence of deoxynivalenol, zearalenone, ochratoxin A, T-2 and HT-2 and fumonisins in products intended for animal feeding has been published in Official Journal [Official Journal of the European Union, L229, 23.8.2006, 7-9].

There was a request for clarification from the Commission regarding the limits for Fusarium toxins that come into force on 1 July 2006 (Commission Regulation 856/2005). The question raised was if a consignment of a cereal was imported from a third country before 1 July 2006 and then sold on after 1 July 2006 would the limits apply. The Commission stated that imports/sales of cereals before 1 July 2006 are not covered by the limits, therefore do not have to comply. However, after 1 July 2006 all cereal (whether imported, home grown or for resale) must comply with the limits laid down in the Regulation.

A Fusarium workshop is to be hosted by the Commission around November 2006.

It is expected that discussions to finalise the review on limits for patulin will take place at the next Agricultural Contaminants Working Group, which is expected to be on 9 October.

Regulation on sampling and analysis for nitrate in foodstuffs
Following some minor drafting changes, the draft Regulation on sampling and analysis for nitrate was agreed at the Standing Committee on 5 September 2006.

The new Regulation will apply from 1 March 2007. An electronic copy of the agreed Regulation is not yet available, however, we will notify stakeholders once it has been published in the Official Journal. We are currently developing a new draft SI (the draft Contaminants in Food (England) Regulations 2007), which is needed to give effect to the new Commission Regulations in England. A formal public consultation on the draft SI will be carried out in the Autumn.

Draft Regulation on sampling and analysis for dioxins and dioxin-like PCBs in certain foodstuffs

The draft Commission Regulation laying down the methods of sampling and analysis for the official control of levels of dioxins and dioxin-like PCBs in certain foodstuffs was agreed unanimously at the Standing Committee on the Food Chain and Animal Health meeting of 5 September. The new Regulation will repeal Commission Directive 2002/69/EC as amended and is expected to apply from 1 March 2007. We will notify stakeholders once the Regulation has been published in the Commission's Official Journal.

We are currently developing a new draft SI (the draft Contaminants in Food (England) Regulations 2007), which is needed to give effect to the new Commission Regulations in England. A formal public consultation on the draft SI will be carried out in the Autumn.

Update on follow-up on the outcome of the 38th session of the Codex Committee on Food Additives and Contaminants as regards aflatoxins

EFSA has been formally tasked to perform a risk assessment on the impact of raising the limits for aflatoxins in pistachios, almonds and hazelnuts from the current EC limit of aflatoxin B1 of 2 µg/kg and total aflatoxins 4 µg/kg to a possible 8, 10 or 15 µg/kg for total aflatoxins. The Commission is collecting data on aflatoxin levels and consumption data to assist EFSA in the preparation of its opinion.

At its 67th meeting the Joint FAO/WHO Expert Committee on Food Additives (JECFA) evaluated various food additives and the contaminants aluminium, 3-chloro-1,2-propanediol (3-MCDP), 1,3-dichloro-2-propanol an methylmercury.

A summary and conclusions of the JECFA meeting are available on the JECFA website.

The summary is also available on the WHO JECFA website.