Mycotoxins legislation
An introduction and overview of legislation relevant to mycotoxins.
The basic principles of EU legislation on contaminants in food, including mycotoxins, are laid down in Council Regulation 315/93/EEC and include measures to ensure protection of public health and, where appropriate, to set maximum levels for certain contaminants. The legislation gives power to the European Commission to achieve this, assisted by the Standing Committee on the Food Chain and Animal Health.
The principal piece of EU legislation regarding mycotoxins is Commission Regulation (EC) No. 1881/2006, as amended. This Regulation sets out specific rules in relation to mycotoxins and other contaminants and includes specific maximum levels for certain mycotoxins in individual foodstuffs, which are laid down in section 2 to the annexe of the Regulation. Those mycotoxins for which there are currently specific maximum levels include aflatoxins, ochratoxin A, patulin and the Fusarium toxins including deoxynivalenol, zearalenone and fumonisins. European Commission maximum levels for mycotoxins in foodstuffs have applied since 1 January 1999. Before this, the first legislation in the UK for mycotoxins was introduced in the Aflatoxins in Nuts, Nut Products, Dried Figs and Dried Fig Products Regulations 1992.
In addition to the maximum levels laid down in Commission Regulation (EC) No. 1881/2006, as amended, foodstuffs containing mycotoxins for which there are no specific maximum levels may under certain circumstances also be considered non-compliant with more general food safety requirements e.g. those requirements laid down in Regulation (EC) No. 178/2002. Further details of this Regulation and how it is implemented in domestic legislation can be found in the 'General food law' area of this website (see link at bottom of page).
Commission Regulation (EC) No. 1881/2006, as amended, applies to all food business operators involved, for example, in the import, production, processing, storage, distribution and sale of food. Definitions of a 'food business', 'food business operator' and that which constitutes 'placing on the market' can be found in Regulation (EC) No. 178/2002.
In conjunction with Commission Regulation (EC) No. 1881/2006, provisions for sampling and analysis for the official control of the maximum levels for mycotoxins have been made and are currently laid down in Commission Regulation (EC) No 401/2006. This Regulation is intended to ensure a harmonised and consistent approach by European Member States for checking compliance with maximum levels for mycotoxins. For this reason, these specific provisions for sampling and analysis are strictly applicable in the UK to enforcement bodies only, including local authorities, port health authorities and public analysts. However, it is prudent for food business operators to be aware of these provisions and they may wish to bear them in mind when carrying out due diligence checks.
An overview of legislation on contaminants, including legislation specific to mycotoxins, can be found on the European Commission's website (see link at bottom of page).
Enforcement in domestic legislation
Although Commission Regulation (EC) No. 1881/2006 is directly applicable in all Member States of the European Union, provisions for the enforcement and execution of Commission Regulation (EC) No. 1881/2006 and the allied sampling and analysis Regulations for official control purposes are contained in The Contaminants in Food (England) Regulations 2009. This is a statutory instrument made under provisions laid out in The Food Safety Act 1990, as amended. Corresponding legislation also exists for Wales, Scotland and Northern Ireland. More information on the statutory instrument can be found in 'Guidance on The Contaminants in Food (England) Regulations 2009' (see link below).
Special conditions for certain products from specified third countries
The European Commission has also expanded and reinforced the border control measures it has taken to protect consumers from aflatoxin contaminated products.
Special conditions governing certain foodstuffs imported from specified third countries due to contamination risks of these products by aflatoxins are laid down in Regulation (EC) 1152/2009, as amended. The Regulation currently includes peanuts and peanut products from China and Egypt, pistachios and pistachio products from Iran, dried figs, hazelnuts, pistachios and derived products from Turkey, peanuts and unshelled Brazil nuts from Brazil and almonds from USA.
This legislation is made under Article 53 of Regulation (EC) No. 178/2002, which allows for emergency measures for food and feed of Community origin or imported from a third country. When the European Commission issues EU-wide emergency safeguard measures for food from a non-EU country, the Agency may apply these in the UK by means of a Declaration, which is made under Regulation 33 of the Official Feed and Food Control Regulations 2007. The current Declarations in place, including those for aflatoxins, can be found in the 'Imports' area of this website (see link at bottom of page).
In addition to the legislation on special import conditions, there is also a list of 'high-risk' products in the annexe to Commission Regulation (EC) No. 669/2009, as amended, that specifies certain products from certain third countries that must undergo official control for mycotoxins and other substances upon import into the EU. The Regulation will be implemented in England by The Official Feed and Food Control (England) Regulations 2009 and come into force on 25 January 2010, revoking the 2007 Regulations.
There is also an approval in place of pre-export control on aflatoxins in peanuts from the USA, which is made under Article 23 of Regulation (EC) No 882/2004. Such an EC approval of pre-export controls is intended to replace or reduce the documentary, identity and physical controls at import into the EC. Approval of pre-export control for almonds from the USA as regards aflatoxins was granted by Commission Decision 2007/563/EC in December 2007.
