Report of Commission Working Group on Microbiological Criteria Regulation (27 November 2009)

• The Commission reports on changes to DG SANCO, noting these had been announced that day. Details are available on the Commission website.
• Discussion regarding EU establishing equivalence with Canada for Listeria monocytogenes and the Commission ask for more information on verification of Food Business Operator (FBO) controls to respond Canadian concerns about controls on Listeria.
• The Commission discuss Member States (MS) response to a questionnaire on the use of alternative methods to reference methods for official controls noting most Member States do use alternative methods, as long as they are equivalent to the reference methods. The Commission will advise on the legal basis for use of alternative methods at a future meeting.
• Amendment to the Microbiological Criteria Regulation presented proposing a change to the criteria for liquid dairy products (supported) and the addition of food grade salt to those ready-to-eat foodstuffs, for which regular testing for Listeria monocytogenes is not considered useful (long discussion with no agreement reached).
• The Commission clarified appropriate use of RASFF system as some Member States have been using this inappropriately to pass on information concerning present of E. Sakazakii in follow-on formula and cereal-based infant foods.
• Date of next meeting – likely to be February 2010.

Canadian questionnaire concerning listeria monitoring in the EU related to the Canadian SPS notification

The Commission and Canada are in discussion to establish equivalence for Listeria monocytogenes. Consequently, the Commission is seeking more information from Member States to address Canada’s concerns about controls on Listeria (heightened by a very serious outbreak in Canada leading from Listeria found in a meat plant). Canada is very concerned that suitable procedures are in place to verify that FBOs are implementing the necessary controls. The Commission concluded by suggesting that, as a first step, Member States with establishments exporting to Canada could focus on the verification of the controls at just those establishments.

The Commission will meet Canadian authorities in the first half of 2010. Member States to reply by mid-January to a questionnaire they would be sending out.

Alternative methods

Whether the flexibility existed in the legislation for use of alternative methods for official controls had been raised previously, and if so, whether Regulations 882/2005 or 2073/2005 provided the legal basis. Commission legal services said they were still looking at the issue. Discussion showed that most Member States do use alternative methods as long as they are equivalent to the reference methods.

Amendment of Regulation (EC) No 2073/2005: Enterobacteriaceae in pasteurised milk and other pasteurised liquid dairy products and Listeria monocytogenes testing in salt

There were two suggested amendments:

1. Change of the reference method for Enterobacteriaceae in pasteurised milk and other liquid dairy products. This was the result of previous Working Group and SCoFCAH discussions and therefore supported by Member States with very limited discussion.
2. The addition of food grade salt to those ready-to-eat foodstuffs, for which regular testing for Listeria monocytogenes is not considered useful, to footnote 4 of Annex I Chapter I.

The Commission indicated it expects a vote on the proposal at the December SCoFCAH. They would consider Member States views and indicated they may drop the proposal to add salt to the footnote if this would ensure the proposal was adopted at the meeting.

The proposal to amend Regulation (EC) No 2073/2005, SANCO/6967/2009 version 4, can be viewed via the link below – this version was issued after this meeting. Version 3 is also available via the link below for information.

Implementation of microbiological criteria to infant formulae, follow-on formulae and baby food

Discussion on the appropriate use of RASFF, which was occasionally being inappropriately used by Member States to notify presence of Enterobacter sakazakii in follow-on formula and cereal-based infant foods. The Commission made it clear this is not the appropriate use of the system and there were other channels for exchanging this type of information.