Report on meeting of Commission Working Group on food hygiene legislation: 19 May 2008

Clean seawater
The Commission explained the background and invited broader discussion on the subject. Any comments with regard to this Agenda Item to be sent to the Commission by Tuesday 27 May 2008.

Some MS asked for further clarification, in particular stressing the HACCP element. Also that in the proposed document SANCO 43, page 5 Paragraph 1 (c) the words 'all purposes' should be deleted. Issue raised that the Commission should make it clear that in land based establishments such water can be used only for whole fishery products, on a risk basis and subject to food safety management procedures/HACCP principles.

The Commission agreed to look into the wording of the document with a view of making it clearer, but expressed reservations about the need to repeat HACCP wording ( already a requirement of Regulation 852). It is for the establishments to comply with these requirements and for the MS to ensure their implementation.

Other elements in 43/2008  
ID marking
Lengthy discussion took place on this item, with no firm conclusions. The Commission will take comments on board, and amend the current version.

Discussion about the need to approve re-packaging centres and the Commission reminded all MS that in 2005 there was a unanimous decision that this was unnecessary, but it was left to the MS whether to approve them or not. The majority of MS do approve re-packaging centres. The issue was raised that the requirement for ID marking was not specifically linked to risk, and that any proposal needed to be in line with the requirements of ID marking for POAO from third countries. Further details could perhaps clarified in guidance rather than Regulations.

Milk issues
Some MS asked the Commission to change the words 'heat treated' into 'processed'. The Commission explained that measures were put in place only to cover heat treated products. Commission will accept suggestions to make the text consistent.

Egg issues
The Commission wanted to maintain its proposals thatwould allow cracked eggs to be used under strict controls.

Doc 44/2008
Discussions as to training requirements, with reminder from one MS that it was important to bear in mind that slaughterhouse staff were involved in a practical task, which is to detect the abnormalities in meat. All MS supported the deletion of references to international certification.

Some support for a lower TVB-N parameter; ideally 45, but could go along with the proposed 60, as long as the fish is organoleptically fit for human consumption. Clarification asked for the term 'loading' and the Commission replied that it was from the moment the fish were loaded on the boat. There was some discussion that for different species of fish a different higher level may be acceptable. Some MS suggested that this be harmonised at EU level.

16. The Commission agreed to take this forward, commenting that the list may be too long and it would take some time to harmonise. Pending this harmonisation, the National Authorities could fix higher limits. One MS suggested that the Commission clarify that requirement for the National Authorities of Catching countries, not those importing the crude fish oil.

The Commission, subject to agreement and SCoFCAH approval, will ask third Countries for information and a list of establishments that exported the crude oil to the EU. The aim is to adopt the list by the end of June 2009.

Commission guidance documents.
Not discussed.
Comments with regards to this to be sent to the Commission by Tuesday 27 May 2008.

SANCO 1489/2007 Rev 6
The Commission first asked MS to send comments by the end of May 2008 on the information regarding MSM. Those who had already sent a reply were asked to re-check their reports.

The Commission further explained the changes in 1489/2007, which had been made since the previous version. Suggestions from MS that the document could be simplified further by:

• Removing the date of production – which, if necessary, is available anyway at the 'processing plant' but there was no need for formal requirements in the Hygiene Regulations
• Instead of asking for date of freezing indicate a month and year of freezing, as in the Fresh Meat Directive
• Removing minimum durability completely from the document
• Removing the words 'from the food' in paragraph 3

This was followed by lengthy discussion. All MS suggested leaving the dates of production and minimum durability (but they were unable to explain what it meant). The Commission agreed to remove the word 'prepared' from paragraph 2 (b).

SANCO 1490/2007 Rev 6
This document contained some detailed changes. The Commission justified its proposal on the grounds that food business operators dealing in POAO were not adhering to the Guidance to the General Food Law Regulation 178/2002. There was therefore a need to make the recommendations mandatory. Concerning the scope, the Commission said that it was not its intention to include composite products, such as meat pies, but it did want to include bi-valves. And on definitions, the Commission said it was trying to keep to those in Regulation 178/2002 – but there was a need for controls to extend to food businesses that did not own food products, for example cold stores – hence the introduction of the terms 'Consignor' and ‘Consignee’.

It was suggested that the rationale be spelt out in the Recitals. In addition, the scope should be clarified. As it stood, ‘Food of Animal Origin’ was a sub-set of ‘Products of Animal Origin, but this included honey; bi-valves were a further sub-set. It was also suggested that an Impact Assessment, particularly in relation to Small Businesses be made. Questions asked over the need for the terms ‘Consignor’ and ‘Consignee’ – which were not in Regulation 178/2002 – and therefore should be defined and for the batch identification requirements to be spelt out. The Commission will re-visit.

The Commission explained that two companies had come forward with methods that might be equivalent to the method in the legislation. The Commission wanted to know what role the MS saw for themselves in evaluating such applications. It also explained the issues with the method being contained in the legislation. No substantive discussion took place.

Information item. The Commission is still waiting for reports from two MSs. There are some difficulties for intra-community trade. The Commission asked MS to consider and prepare for further discussions in the autumn. Key issues are:

• the need to harmonise the rules and documents
• whether to put all FCI documents on the Commission website and in what languages
• whether to make 24 hours derogation permanent
• the feasibility of introducing this for cattle / sheep