Report on meeting of Commission Working Group on food hygiene legislation: 14 January 2008

SANCO/1489/2007 REV. 3
The Commission introduced the latest revision of this proposal, requiring frozen foods of animal origin to bear date of production, slaughter, freezing and minimum durability.

Discussed by MSs, including expression of the view that fraud was best countered by sanctions against offenders, not changes to the legislation. Concerns were raised that the proposal placed administrative burdens on businesses and an impact assessment (IA) should be produced.

The Commission explained that it would do an IA of sorts – possibly by an external contractor.

Further concerns were expressed on the proposal for a date of minimum durability, on the grounds that this is a quality, not a safety, issue, and the question was asked as to why the proposal was restricted to one form (frozen) of one class of food (foods of animal origin).

As much trade in frozen foods of animal origin was with Third Countries, the Commission was asked if it had considered the international trade consequences of the proposal. The Commission agreed that this needed consideration.

SANCO/1490/2007 REV. 3
There was general support for this proposal on traceability. The Commission accepted the deletion of the requirement for the premises of production to be recorded.

A significant number of MSs wanted the scope to be extended to all foods but the Commission explained that this was not within the remit of the Working Group.

SANCO/42/2008, SANCO/43/2008 and SANCO/44/2008
The Commission explained that these three proposals (amendments to certain annexes of the hygiene regulations) relate to the Articles of the Transitional Arrangements Regulation (Regulation (EC) 2076/2005 which expires at the end of 2009) and fall under comitology procedures.

The Commission confirmed that Article 10 of Regulation (EC) 2076/2005 (composition criteria and labelling requirements for minced meat) will be addressed by the Working Group on labelling. The Commission went on to explain that amendments to Regulation (EC) 852/2004 and Regulation (EC) 853/2004 were necessary to retain the provisions of Article 11 of Regulation (EC) 2076/2005 – these are addressed in SANCO/43/2008 and SANCO/44/2008.

After some discussions on the use of clean water, the Commission stated that it would retain the proposal in its current form and re-examine it at a future meeting.

Proposed amendments to the guidance document relating to the implementation of certain provisions of Regulation (EC) No 853/2004
The Commission informed the Group that it had not had time to prepare for this item. No discussion.

Training activities in 2008 with regard to hygiene
The Commission gave a presentation on its plans for 2008 and referred to its ‘Better training for safer food’ page on the Commission’s website. New for 2008 is training on ‘Food hygiene and controls’ with three contractors (one French and two Spanish) delivering modules on meat, fish and dairy products, from the end of April. The Group was invited to provide comments of the contents of the modules through their national contact points.

Proposed mission to Canada on steam pasteurisation of red meat carcases
The Commission introduced a revised document and informed the Group that the mission to Canada has been arranged for 18 – 22 Feb. The aim of the mission is to seek answers to questions about use in other species, water quality, relationship with HACCP plans, the role of Competent Authority, organoleptic properties of treated meat and the use and maturation of meat.

The Commission stated that only three MSs had indicated their intention to participate and opined that at least some of the Potsdam Group (where a restricted group of MS representatives plays an active role in assisting the Commission and providing it with technical support during the negotiation of veterinary agreements with certain third countries) should be involved.

The Commission invited comments on its document and any research information that MSs may have on the subject.

Please note that the copy of the document attached below is not the most recent version – the Agency is looking to obtain the most recent.

Parasites in fishery products (provisional positions on ‘obviously contaminated’)
The Commission gave an update from the restricted Working Group – the interpretation of ‘obviously contaminated’ and the threshold for reporting findings through the RAS.

The work of this group is progressing slowly due to priority given to the group considering fish oils (for which the transitional period expires at the end of October 2008). The Commission is aiming for a vote on the fish oil proposal at 22 or 23 April SCoFCAH.

General hygiene rules applying to transport of foodstuffs in bulk
This issue has probably been raised due to a translation issue regarding the word ‘granulate’ as relating to Regulation (EC) 852/2004. The Commission’s view was that this referred only to foodstuffs (e.g. rice, lentils, cereals) and not to other granulate materials (e.g. sand).

Limitation of the scope of the proposed guide to good practice on wholseale activities
The Commission outlined the history of a draft Community Guide for wholesale market authorities produced by the World Union of Wholesale Markets (WUWM). Following consideration at two restricted working group meetings, there remain two unresolved issues: the use of the word ‘authority’ in the text; and the scope of the guide.

Discussions on whether the word’ management’ should substitute for ‘authority’, which some MSs felt might be confused with ‘Competent Authority’. Interested MSs asked to provide their views.

The current draft guide refers only to Regulation (EC) 852/2004, all references to 853/2004 in earlier versions having been removed. Discussions on whether the scope should include Regulation (EC) 853/2004 unresolved. The Commission therefore invited MSs to submit views on the issues by e-mail before the end of January (a meeting of WUWM is imminent).

The Agency is seeking to obtain a copy of this document.

Dairy products where some milk fat has been replaced by vegetable fat
Discussions concerning use of ID mark on various products. Examples raised were (1) ‘butter-like products’ – mainly milk fat but with some replaced by vegetable fat. Such products are produced in dairy plants and bear the ID mark and (2) ‘cheese-like products’ – produced from milk protein and vegetable oil. Usually produced in non-dairy plants and do not bear an ID mark. Discussions show differences between MSs on classifying such products either ‘dairy products’ or ‘composite products’ and, consequently, on which should bear an ID mark and on the use of guidance. The Commission agreed that classification was difficult but did not offer any solutions.

Debate was concluded by agreement that clarification was required. The Commission invited all MSs to submit their views in writing on the classification of these products and on the interpretation in the Guidance.

Import of colostrum-based products from third countries
After MS questions, the Commission stated that model certificates (based on Directive 92/46/EEC) for milk products were currently under review and advised that national import conditions should be applied to non-harmonised products.