Methods of sampling and analysis for the control of levels of certain contaminants in foodstuffs

KEY POINTS

The six regulations relate to Regulation (EU) 2017/625 on rules for the agri-food chain, including official controls and other official activities performed to ensure the application of food and feed law. Article 34 of Regulation (EU) 2017/625 sets out rules for the use of sampling and analysis methods for official control and other official activities. Regulation (EU) 2017/625 replaced and repealed Regulation (EC) No 882/2004 in 2019.

Regulation (EC) No 1882/2006 lays down the methods of sampling and analysis for the official control of the levels of nitrates in spinach, lettuce, iceberg-type lettuce, baby foods and processed cereal-based food for infants and young children.

Regulation (EC) No 333/2007 lays down the methods of sampling and analysis of trace elements and processing contaminant levels in foodstuffs.

• Trace elements and processing contaminants may be present in food as a result of environmental contamination or migration from packaging and may also enter the food chain during processing, and may accumulate in human tissue.
• Polycyclic aromatic hydrocarbons (PAH) are present in food as a result of environmental contamination or migration from packaging and may also enter the food chain during processing.
• Lead, arsenic, cadmium, mercury and perchlorate are mainly present in food as a result of environmental contamination and industrial processes, but may also enter food via certain types of food contact materials. Tin is present in canned foods by migration of tin from the can into the food.
• 3-MCPD fatty acid esters and glycidyl fatty acid esters are found in refined vegetable oils, and in food containing these oils, as a result of the refining process of the oils.
• Acrylamide is formed in carbohydrate-rich foods during baking, roasting, grilling, frying and boiling. Benzo(a)pyrene and other polycyclic aromatic hydrocarbons result from the incomplete combustion of organic matter and are found in many foods, especially smoked and grilled meats, fish and cheese.
• Regulation (EU) 2023/915 sets out the maximum allowable levels.
• Sampling and analysis are carried out using the criteria and methods described in the annex to Regulation (EC) No 333/2007.
• Regulation (EC) No 333/2007 has been amended several times:
  • by Regulation (EU) 2021/705 setting out specific sampling methods for food supplements, dried spices or herbs, dried fungi, algae or lichen;
  • by Regulation (EU) 2022/685 as regards the sampling requirements for fish and terrestrial animals;
  • by Regulation (EU) 2022/2418 updating the annex in accordance with the EU Reference Laboratories’ Guidance document on the estimation of the limit of detection and limit of quantification for measurements in the field of contaminants in feed and food; and
  • by Regulation (EU) 2024/1045 on the methods of sampling and analysis for the control of levels of nickel in foodstuffs and amending certain references.
• Directives 2001/22/EC, 2004/16/EC and 2005/10/EC are repealed and any references to them now relate to Regulation (EC) No 333/2007.

Regulation (EU) 2017/644 lays down methods of sampling and analysis for the control of levels of dioxins, dioxin-like polychlorinated biphenyls (PCBs) and non-dioxin-like PCBs in certain foodstuffs. Dioxins and dioxin-like compounds are persistent environmental pollutants, mostly minor by-products of burning or industrial processes. PCBs were used when making electrical equipment, inks, adhesives, flame retardants and paints. They are very persistent and very soluble in fat, which explains why PCBs are still present and can build up in animal fat and along the food chain.

• Annex II describes the sampling methods.
• Annexes III and IV set out the methods and performance criteria applied in relation to sample preparation and analysis.

Regulation (EU) 2022/1428 lays down methods of sampling and analysis for the control of perfluoroalkyl substances in foodstuffs such as fish, meat and offal, for which maximum levels were set out in Regulation (EC) No 1881/2006, which was repealed and replaced by Regulation (EU) 2023/915.

Regulation (EU) 2023/2782 lays down the methods of sampling and analysis for the control of the levels of mycotoxins in food. Mycotoxins are toxic substances produced by fungi potentially contaminating food and feed at all stages of the food supply chain. Certain mycotoxins can have carcinogenic effects on the liver and kidneys. Amending Regulation (EU) 2024/885 updates the sampling methods for the control of the levels of mycotoxins in dried herbs, herbal infusions (dried product), teas (dried product) and powdered spices used in food supplements. The regulation repealed Regulation (EC) No 401/2006 as from 1 April 2024 although, until 1 January 2029, the specific requirements for confirmatory, semi-quantitative and qualitative screening methods provided for in point 4.3 of Annex II to Regulation (EC) No 401/2006 continue to apply to methods that have been validated before the entry into application of the new regulation.

Regulation (EU) 2023/2783 lays down the methods of sampling and provides criteria for sample preparation and for methods of analysis for the control of the levels of plant toxins in food. It repealed Regulation (EU) 2015/705 on the official control of levels of erucic acid in foodstuffs as from 1 April 2024.