October 2006 update on chemical contaminants legislation

CODEX
The Codex Committee on Contaminants in Foods (CCCF) will hold its first session from 17-20 April 2007. The meeting will be held in Beijing immediately before the first session of the Codex Committee on Food Additives (CCFA).

Draft Commission Regulation setting maximum levels for certain contaminants in foodstuffs (Replacement of Regulation 466/2001 - SANCO/03995/2005 - rev. 7)
At the Standing Committee meeting on 11 September, a new Regulation updating and harmonising Regulation 466/2001 was unanimously adopted. The Regulation will contain updated risk assessments, and clarified legal text. The limits for 3-MCPD in soy sauce and acid-hydrolysed vegetable protein remain unchanged.

We are currently developing a new draft Statutory Instrument (SI), the Draft Contaminants in Food (England) Regulations 2007, which is needed to give effect to the new Commission Regulation in England. A formal consultation on the draft SI will be carried out in the autumn. A letter on the consolidated Regulation was published in July 2006.

We would like to highlight two important articles that are included in the new Regulation:

Article 2 refers to dried, diluted, processed and compound foods. The provisions in this article have been brought into line with the general food law provisions laid down in Regulation (EC) 178/2002. The article requires that the specific concentration or dilution factors shall be provided by the food business operator. If this information is not available, or is deemed unsuitable by the competent authority, the competent authority may apply a concentration or dilution factor based on the available information and that is most appropriate for the protection of public health. The Commission has indicated that in the future it may consider developing a table of various processing factors that can be applied if no other information is available.

Article 5 refers to products that can be used for animal feed and food. For groundnuts, derived products thereof and cereals, in the absence of a clear indication otherwise, products will be assumed to be for human consumption and as such will be subject to the maximum levels laid down in the Annex. The clear indication of intended use of a product should appear on the label of each individual package, or on the accompanying document, which must have a clear link with the consignment by means of mentioning the consignment identification code that appears on each individual packing of the consignment.

Draft Commission Regulation laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs (SANCO/2006/01706 rev. 3)
The draft Regulation was further discussed at the Working Group meeting on 25 September. Technical discussions focused around precise definitions of certain parameters, with the aim of bringing these into line with those definitions in other Regulations. Discussion of the definitions of limit of detection, limit of quantification and HORRAT values resulted in the Commission requesting that Member States (MS) consult analysts and report back to the Commission. Several changes were suggested relating to the analysis of trace elements: these focused on the proposal of merging Tables 5 and 6 (section 2.5), which state the performance criteria for methods of analysis for lead, cadmium, mercury and inorganic tin; however, no changes were discussed that would affect the analysis of 3-MCPD.

The Commission will now redraft the Regulation, taking into account the comments of Member States. The Commission are aiming to present the draft Regulation for voting at the next Standing Committee meeting on 8 October.

Should you wish to consult a copy of the latest version, please contact Craig Mills.

The Official Feed and Food Control Regulation (OFFC)
A page has been created on the FSA website designed to bring together all the core OFFC information into one easily accessible site.

For further information or to submit comments or data on Environmental Contaminants, please contact Frankie Brookes-Tombs.

Cadmium

Cadmium in pine nuts and oil seeds
Discussions on this issue have been ongoing, with an agreement at a Working Group meeting in May that pine nuts would be excluded from the current maximum level for vegetables and fruit set in Commission Regulation 466/2001 with a view to setting a new limit when further data was available. Two MS submitted data for pine nuts and oil seeds at the recent Working Group Meeting on 25 September and MS were asked if they thought that the data presented was sufficient enough to be able to set levels. MS suggested that more data and an exposure assessment were needed before levels could be set and the Commission requested any data that MS may have on these foodstuffs and on other nuts as soon as possible.

The Agency would be grateful for your views on this issue.

Cadmium in mushrooms
Currently wild mushrooms are excluded from Commission Regulation 466/2001 setting maximum limits for contaminants in foodstuffs. However, discussions on whether to include wild mushrooms under a revised limit for all mushrooms or have separate higher limits for certain exotic species have been ongoing. A number of MS, including the UK, submitted data on this issue and the Commission noted that the data indicated that about two-thirds of wild mushrooms tested were below the current limit of 0.2mg/kg. There was some support for the UK's proposal to extend the legislation to cover all mushrooms, although the UK's suggestion to consider setting separate maximum limits for certain species received little support from MS or the Commission.

The Commission tried to press for an agreement for a limit for all mushrooms based on the data already received suggesting a revised higher limit of 0.5 mg/kg to take account of those species which had trouble meeting the current limit. However, this received little support from MS, who proposed gathering more data and the Commission requested that any data they may have should be submitted in time for discussion at the next Working Group meeting.

The Agency would be grateful for your views on this issue.

Cadmium in anchovy (Engraulis anchoita) fished in Argentina
Spain presented a report indicating that the 'Engraulis anchoita' species of anchovy naturally accumulates higher concentrations of cadmium than other anchovy species. The report highlighted that the salting of anchovies is worth &euros:70m per year to Spain and 70% of these come from Argentina, and that other countries also import anchovies from Argentina. Spain proposed that this species of anchovy should be included in the same category as swordfish i.e. with a maximum limit of 0.3 mg/kg. The proposal was supported and the Commission agreed to amend the new consolidated Regulation replacing Commission Regulation 466/2001 (which has not yet been published) following agreement to the revision at Standing Committee. A date for the next Standing Committee on the Food Chain and Animal Health (StCFCAH) is yet to be set.

Cadmium in chocolate
Germany submitted data indicating that levels of cadmium varied between different types of chocolate with levels in dark chocolate being the highest. Concern was expressed by MS that more people ate this type of chocolate and it was suggested that limits should be set. MS also expressed concern that children have a higher intake of cadmium as a result of the number of foodstuffs containing cocoa that are aimed at children. Following a request from the UK, the Commission clarified that cocoa beans were not covered by Commission Regulation 466/2001 and requested that MS submit more intake data on levels of cadmium in chocolate and cocoa beans.

The Agency would be grateful for your views on this issue.

Mercury

Mercury in ling (Genypterus blacodes) from New Zealand
Member States supported a request by New Zealand for the Genypterus blacodes species of ling to be included under the higher limit for mercury in fish of 1 mg/kg in Commission Regulation 466/2001. The new Commission Regulation replacing Regulation 466/2001 (not yet published) will be amended following agreement to the revision at the StCFCAH meeting; no date has been set yet.

Aluminium

EFSA evaluation of aluminium in foods
Following a recent Joint FAO/WHO Expert Committee on Food Additives (JECFA) review of aluminium, the Commission has asked the European Food Safety Authority (EFSA) to provide an evaluation of aluminium in all foods and also requested that MS submit any occurrence data that they may have.

Dioxins

FVO Mission to Baltic States
The Food and Veterinary Office (FVO) gave a presentation summarising reports of missions to eight MS with Baltic coastline. The focus of the missions was to examine the provisions for the control of fish from the Baltic Region with regard to dioxin levels and whether the conditions of derogations were being applied correctly by those MS who benefited from them and also examined relevant research programmes.

A number of concerns were raised, which included differences in approach to keeping highly contaminated fish off the market, and the possibility that Baltic fish from Sweden and Finland could get into other Member States. A lack of co-ordination between fisheries inspectors and food inspectors was also highlighted, as was a need for more investigation into processing effects. France asked how this would be followed up. The FVO advised that it would be up to individual Member States as part of their responses to the inspections.

Latvia has organised a meeting of Baltic States on 5 October to discuss all of the issues raised and the Commission asked to receive details of the outcome, which it will then circulate to members of the Expert Committee.

New TEF Values
The World Health Organisation (WHO) has published a new set of Toxic Equivalency Factors (TEFs) for dioxins and dioxin-like PCBs. The Commission expects to use the new TEFs from the review of dioxin limits in 2008, although until then the existing TEFs will continue to apply as they are defined in Commission Regulation 466/2001, as amended. When using the new set of TEFs it appears that calculated total Toxic Equivalents (TEQs) may fall by 10-20% and the Commission requested more data to confirm this.

The Agency would be grateful for your views on this issue

Dioxin levels in liver
The UK reintroduced a letter submitted to the Commission on 17 July requesting a review of limits for dioxins in liver, together with the offals survey Information Sheet, and noted that there may be a case to have different limits for different species. The Commission noted that consideration would have to be given to products containing mixed or unidentified liver. The Commission concluded that there was a consensus for discussions on moving towards product (whole weight) based limits, but also suggested reconsidering fish liver. Consideration will be given to revising the limits following submission of data from all MS.

Non-dioxin-like PCBs

Limits for non-dioxin-like PCBs
The Commission repeated the arguments by the UK and France that there was not a strong enough case for regulation on non-dioxin-like PCBs but that action levels might be appropriate for high contamination. However, some MS already have national limits and expressed a desire for harmonisation of existing Regulations.

For further information or to submit comments or data on process contaminants, please contact Barry Walters.

Project C03020 - Processing contaminants in bread from bread-making machines
The levels of ethyl carbamate, 3-monochloropropane-1,2-diol (3-MCPD) and acrylamide were studied in bread produced by domestic bread machines and compared to levels of the same contaminants in commercial bread products.

In domestic bread cooked in bread machines, ethyl carbamate levels were increased four-fold, and levels of 3-MCPD were slightly increased with respect to commercial bread products. Conversely, acrylamide levels were three-fold lower in domestic breads when compared to the commercial products. Compared to white breads, domestic wholemeal breads contained a slight increase in 3-MCPD and acrylamide levels for each bread machine. The loaf height, volume, crust colour and baking temperature were also investigated.

Despite these observed increases in contaminants when using a bread machine, the report showed the overall level of all process contaminants remained very low. The results of this research do not warrant any specific new advice to consumers with regard to bread makers. The Agency continues to advise that people should eat a healthy, balanced diet including plenty of fruit and vegetables.

A copy of the report is available from the FSA Library and Information centre. To obtain a copy, please contact:
Enquiry Desk
Library and Information Services
Food Standards Agency

Tel: 020 7276 8181/8182
email: library&info@foodstandards.gsi.gov.uk

3-MCPD

3-MCPD Stakeholders - Meeting on Heat-Generated Formation of 3-MCPD in Foods, London, 22 September
The objective of this meeting was to disseminate information from research projects on mechanisms of 3-MCPD formation in heat-processed foods (excluding soy sauce and acid-hydrolysed vegetable protein) and to discuss how this knowledge might be utilised to develop mitigation strategies. The meeting consisted of a series of presentations on aspects of 3-MCPD, followed by working group meetings to discuss methods of minimising the presence of 3-MCPD in foods.

Nina Webber (FSA) gave a short presentation on the aims of the workshop, and the background to heat-generated formation of 3-MCPD. Dr Jan Vel
?ek (Institute of Chemical Technology, Prague) presented a historical perspective on 3-MCPD in foods from its discovery in 1981 to the present day, introducing the issues surrounding 3-MCPD esters. The talk given by Colin Crews (Central Science Laboratory) covered research on the formation of 3-MCPD in batters, cheese, meat, coffee, smoked and salted products. He concluded by identifying strategies to mitigate 3-MCPD formation.

Dr Colin Hamlet (RHM Technology) discussed the generation of 3-MCPD in baked cereal products, including formation mechanisms and kinetic schemes. Results from an experimental model system using bread were presented, and the influence of factors such as baking temperature, glycerol content, moisture and pH were discussed. A presentation from Dr Denise Baxter (Brewing Research International) covered factors affecting the formation of 3-MCPD in malts. She also highlighted that while 3-MCPD is found at various concentrations in malts, it is rarely detected in the beer produced from those malts. Dr Rϋdiger Weisshaar (CVUAS, Stuttgart) presented recent research from Germany, in the areas of formation of 3-MCPD in toast, and possible methods of formation in the wood smoke used when preparing smoked meats. The themes of the previous presentations were drawn together by Dr Richard Stadler (Nestl
), who discussed general mitigation strategies, concluding that mitigation is difficult in certain food groups, and that the importance of 3-MCPD esters has still to be assessed.

In the general discussion, it was commented that a holistic approach is required to process contaminant mitigation, as steps which reduce 3-MCPD levels in foods may increase levels of other process contaminants such as acrylamide.

Discussion groups were asked to consider possible mitigation strategies for particular groups of foods, namely breakfast cereals and malts; baked cereal products; coffee and cheese, meats, smoked and salted products. The results of these discussions will be used to aid the development of a UK Code of Practice to reduce 3-MCPD levels in heat-processed foods.

One area of particular focus throughout the meeting was that of 3-MCPD esters.
3-MCPD may occur in foods in its free form (i.e., as 3-MCPD) or in its bound form as mono- and di-esters with higher fatty acids. These MCPD esters represent a new class of process contaminants that may be released in vivo through lipase catalysed reactions. Researchers are working to investigate the mechanisms of formation of these esters and JECFA have requested more information on their toxicity and occurrence in foods.

A report of the meeting and copies of the presentations are available on request. To receive copies, please contact Barry Walters

The Agency would be grateful for your views on this issue.

Commission Working Group Meeting - Acrylamide Monitoring Programme: 25 September 2006
A draft Recommendation prepared by the Commission for a pan-EU monitoring programme was placed before the Working Group meeting on 25 September. The aim of this monitoring programme is to assess how effective implementation of the CIAA (the Confederation of the Food and Drink Industries of the EU) toolbox has been by monitoring changes in acrylamide levels over time.

In response to comments from Member States, the Commission agreed to greater flexibility in the draft Recommendation, allowing sampling at both market and producer levels.

There was much discussion concerning the analytical requirements laid out in the draft Recommendation. The Commission was urged by Member States to reduce the limit of quantification for acrylamide to 10 μg/kg for baby foods and cereals. This lower level is seen as necessary because these foods generally contain lower levels of acrylamide and are consumed by more susceptible populations.

The Agency would be grateful for your views on this issue.

The Commission informed Member States that the Joint Research Council (JRC) proposed to run an inter laboratory comparison study for acrylamide that will run in conjunction with the acrylamide monitoring programme. A fried potato reference material will be supplied to participating laboratories and a workshop organised to discuss the results. The proposal was welcomed by all Member States.

The Commission Recommendation will set out the number and types of samples that each Member State must collect. Eleven categories of food will be sampled, including French fries, crisps, bread, breakfast cereals, biscuits, roasted coffee, infant biscuits, jarred baby foods, processed cereal-based baby foods and other products. The number of samples that each Member State must collect has been calculated on a population basis. The Commission's aim is to obtain a clear picture of the levels of acrylamide present in foods across Europe.

The Commission will redraft the draft Recommendation based on the discussions and this document will be presented at the next Industrial and Environmental Contaminants Working Group meeting scheduled for 4 December 2006.

Furan

Commission Working Group Meeting - Furan Monitoring Programme: 25 September 2006
A draft Recommendation prepared by the Commission for a furan monitoring programme was placed before the Working Group meeting on 25 September. Several Member States suggested that this Recommendation is premature, as furan monitoring methodology is still in developmental stages, and there is a lack of toxicological data. In response to a comment that collaborative trials are needed, the Commission reported that it had discussed the possibility of collaborative trials with the JRC, but there was currently no funding available for such an activity.

The draft Recommendation sets out a monitoring programme that will run during 2007/8. Commercial foodstuffs that have undergone heat treatment are to be targeted, with foodstuffs analysed as purchased and as consumed (i.e. following further preparation in the laboratory). The data collected via the monitoring programme will be collated by EFSA.

EFSA stressed that data on furan occurrence is required in order to produce a robust exposure assessment. Following discussions, EFSA agreed to compile a list of criteria for furan analysis methods.

The draft Recommendation will be further discussed at the next Industrial and Environmental Contaminants Working Group meeting on 4 December.

Furan Monitoring Databases
Two databases, modelled on the acrylamide databases, will be opened on 1 November. One database will be a monitoring database, to be used to assess dietary exposure by collating the levels of occurrence of furan in different food categories (including beverages). The second database will be a furan project database, which will be used to collate information on research projects carried out in Member States. The stability of furan in both analytical samples and during processing practices is of particular interest for this database. Information on mitigation measures and the effect of cooking practices will also be collated. Data are sought from all sources, including industry and academia, as well as data collected by Member State competent authorities. Further details on how to submit data will be made available shortly.

Ethyl carbamate

Scientific Opinion from EFSA
The Commission has asked EFSA to provide a scientific opinion on ethyl carbamate in foods and beverages. The Commission reiterated its request for occurrence data on ethyl carbamate so that EFSA can estimate dietary exposure. The call for data on ethyl carbamate can be viewed on the EFSA website.

The Agency would be grateful for your views on this issue.

For further information or to submit comments or data on mycotoxins, please contact Barry Walters.

Aflatoxins

Guidance document for competent authorities for the control of compliance with EU legislation on aflatoxins
The latest draft version of the Guidance document, with minor amendments, was agreed at a meeting of the Standing Committee on 6 October.

Consolidated Commission Decision on aflatoxins
The Commission identified several modifications that were required to Decision 2006/504/EC. These were:

• a derogation clause for goods exported prior to 1 October 2006, which will allow the revoked Decisions to still apply
• inclusion of cut, sliced and broken hazelnuts (point (e) (viii)) in the 5% sampling category (Article 5)
• changes to the designated points of import

These changes are due to come into effect on 1 January 2007.

Apricot kernels
Apricot kernels have been found to be contaminated with aflatoxins and the Commission invited comments on their classification for the purposes of food law. It was agreed that apricot kernels could be classified as nuts and thus fall within the scope of Regulation 466/2001, as amended.

The classification of melon seeds and pumpkin seeds, which are also susceptible to aflatoxin contamination, was also considered. The Commission's view was that they could be considered to be oil seeds and the limits for peanuts could therefore be applied. This opinion would be confirmed by the Commission although a discussion at the Standing Committee may be required.

Ochratoxin A

Review of regulatory limits for ochratoxin A in foodstuffs
The Commission is preparing a draft consultation paper reviewing the limits for ochratoxin A in foodstuffs based upon the recent risk assessment on ochratoxin A, as foreseen in Commission Regulation 123/2005 amending Regulation 466/2001. Although this document is not yet available for circulation, levels were discussed at the Working Group on Agricultural Contaminants on 9 October.

It was agreed to maintain the limits that currently apply to the various food commodities.

The Commission proposes a limit of 10
g/kg for ochratoxin A in spices, based on data provided by Member States. The spices covered would be the same as those in Regulation 2174/2003 for aflatoxins.

Separate limits would be considered for liquorice root, which is used in herbal teas, and liquorice extract, which is used in confectionery products.

No limits would be set for meat (since it tends to contain only low levels of ochratoxin A), green coffee (which is not consumed in its raw form and a high percentage of ochratoxin A can be removed by roasting) and cocoa beans (which are also not eaten in their raw form and consumers would be protected by setting limits for cocoa products). A limit for ochratoxin A in beer was not required given the limits in place for cereals, specifically malt. However, imported beers may be a problem and the Commission requested data on ochratoxin A contamination in imported beers. Data was also requested in order to inform discussions on the proposed limits, particularly data on offal and blood products

We will circulate the draft consultation paper for comments as soon as it is available.

Patulin
A review on limits for patulin is required by Article 1 of Commission Regulation 1425/2003. The Commission noted that there was no immediate concern regarding the intake of patulin in relation to the Provisional Maximum Tolerable Daily Intake, particularly as higher patulin levels tend to occur in the less frequently consumed cloudy apple juice.

The Commission concluded that the majority of Member States wanted to leave the current limit of 50 micrograms per kilograms for patulin in fruit juices, particularly apple juice, unchanged.

Hydrocyanic acid

Bitter apricot kernels
Raw bitter apricot kernels are not usually intended for direct human consumption before being processed, which makes them safe for human consumption. However, a significant number of Rapid Alerts System for Food and Feed notifications have been issued since the beginning of 2006 for high levels of cyanide in bitter apricot kernels intended for direct human consumption.

The Commission agreed to examine the possibility of a ban on bitter apricot kernels and bitter almonds as a ready-to-eat product, in the absence of any substantiated health benefits. The use of bitter apricot kernels as ingredients would fall under Council Directive 88/388, which sets limits for hydrocyanic acid in these products.