Report on meeting of Commission Working Group on food hygiene legislation: 24 November 2008

• Transition measure withheld pending Commission consideration of wider aspects of import regime in the light of recent issues with melamine.
• Amended Commission guidance on Regulations 852/2004 and 853/2004 cleared in principle for December SCOFCAH.
• Trichinella: Draft guidelines for validation of alternative detection methods approved in principle and will go to SCOFCAH in December. In the absence of comment from the Member States the Commission concludes the US system is not in compliance with the hygiene legislation and it is compliance rather than equivalence that is being sought.
• Limited discussion on the Commission’s reflection paper on comitology amendments. Member States to write with comments by 19 December.
• Presentation of COPA-COGECA/AVEC draft Community guide on salmonella control of chicken reared for meat. Member States invited to offer written comments, to indicate whether this should be put to a restricted working group for evaluation and to indicate whether they wish to participate in any such group by 5 December.
• Some Member States volunteered to form a restricted working group to consider the proposed Community guide on primary production, a draft of which is promised by the end of December.
• Presentation of study undertaken on steam pasteurisation and hot-water decontamination of carcases. General support from the Member States for the line being taken on these process and the on the opinion being presented to November SCOFCAH.
• AOB: Commission explains the information note on salmonella controls on flocks of laying hens which is being considered in November SCOFCAH. It indicates it will not be moving from the position outlined in spite of continuing opposition expressed by some Member States. (Not reported further).

Copies of relevant documents can be found at the foot of the page.

Date of next meeting: Not yet fixed. Either 19 or 23 January 2009.

Draft transition measure
The Commission explained that the Commission needed to address more systematically issues concerning import controls. This had arisen in relation to imports from China of melamine-contaminated products. This had highlighted the absence of agreed public health requirements for “composite products”. As yet there was no agreed Commission opinion on how this should be tackled, but the draft transition measure which extended current import arrangements within the hygiene legislation could not proceed.

Four options were under consideration.

1. Do nothing which would result in the need for full 853/2004 compliance from 1 January 2011.

2. Extend the transition provision and undertake the necessary work after the adoption of the Commission report on the hygiene legislation.

3. From now until the end of 2010, draw up a new policy for both animal health and public health controls. This would run up against difficulties in changing Article 6 of Regulation 853/2004 which would require co-decision.

4. Combine the extension of the transition with provisions to cover products not covered by the “50%” requirement developed under the animal health regime for composite products.

The Commission would reach a view on how it wanted to tackle this question in December. The Working Group in January would be given a clearer view of how the Commission intended to proceed. In relation to the remaining aspects of the transition measure, the Commission was confident these could be progressed in time. If a decision by the Commission on handling were taken in January or February, this could go to SCOFCAH in March or April. If necessary, the Commission would invoke the shortened consultation of the Parliament.

Commission guidance on Regulation 852/2004 and Regulation 853/2004

The Commission outlined the changes made to the guide to Regulation 852/2004. Some Member States continued to have issues with the guidance in relation to bulk transport. Wording was eventually agreed to clarify the requirements in relation to granulate foodstuffs. There was a suggestion to offer guidance on how big “bulk” was considered to be, however this received no support. There were some linguistic difficulties in relation to “curtilage” when describing food premises. The Commission indicated it would look for another way of expressing the concept. All other changes were agreed.

The Commission to reflect further on the term 'farmed' in relation to reindeer.

The issue of the approval of shared business premises was raised. The Commission indicated that this needed further discussion and would remit it to a future meeting.

The Commission concluded the draft guides were acceptable in principle and would be put to the December meeting of SCOFCAH for consideration.

Trichinella related issues
Member States were content with the CRL guidelines for the validation of apparatuses for the detection of trichinella. The CRL will evaluate the proposals presented by the NRL for validation and will produce a report for DG Sanco. The CRL guideline will be presented to the December SCOFCAH meeting for agreement.

Member States did not comment in relation to the USDA Trichinella equivalence. The Commission is of the opinion that the US system is not in compliance and they will inform the USDA of this decision.

In relation to no testing of piglets of less than 5 weeks old, this will be progressed by the Commission under Comitology.

Proposed amendments to the hygiene regulations
The Commission indicated that some ideas in the reflections paper were more fully formed. These would probably go to the Working Group meeting in January for initial comment. Focus should be given to the more generic issues.

Identification marking
Some Member States reported problems where ID marked products in large “unitary” quantities were broken down, repackaged or rewrapped and the original ID mark was not carried forward. This could be a particular issue with imports. A number clearly wanted to prescribe additional ID marking requirements to cover those instances.

Collection, storage and use of blood for human consumption
Several Member States reported requests from industry for clarification. No Member States wanted more prescription; however it was felt that some clarification (rather than an industry guide) was needed.

Fishery products and LBMs
Member States were invited to submit written reflections on these and all aspects of the reflection paper by 19 December.

Community guides
Representatives of the industry bodies working on the salmonella controls guide gave a presentation, concentrating on the slaughterhouse aspects (other issues around the farm and catching had been considered by the zoonosis group. The scope of the guide had been endorsed in the July 2007 SCOFCAH meeting. The zoonosis group had considered it earlier in the month and the hygiene group were being asked to consider the slaughterhouse-related aspects.

The Commission emphasised the need to make progress because of the date from which the salmonella control programmes applied. There was budgetary provision available to support the development and dissemination of the guidance when agreed.

The Commission therefore asked Member States to offer written comments on the guide which would be passed back to the industry representatives. Member States were also invited to indicate whether a restricted working group should be convened and whether they wanted to be represented on it. Comments had to be with the Commission by 5 December.

The Commission explained that SCOFCAH would be asked to opine on the suggestion from COPA-COGECA to develop a generic hygiene guide for primary production. It was expected that a proposal for this would be forthcoming in December. Six Member States volunteered to participate in a restricted working group to consider a draft when available.

Decontamination systems for meat using steam and hot water
The Commission informed Member States the opinion for consideration at SCOFCAH is that both practices could be supported within the current hygiene legislation. No Member State disagreed with this analysis.

Recycling of hot water does not appear to be permitted under the hygiene legislation. This would be considered at the next working group meeting, which might conclude that an EFSA opinion was needed.