31997H0077

COMMISSION RECOMMENDATION of 8 January 1997 concerning a coordinated programme for the official control of foodstuffs for 1997 (97/77/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (1), and in particular Article 14 (3) thereof,

After consultation with the Standing Committee for Foodstuffs,

Whereas it is necessary, with a view to the sound operation of the internal market, to arrange for coordinated food inspection programmes at Community level;

Whereas such programmes place emphasis on compliance with Community legislation, the protection of public health, consumer interests and fair trade practices;

Whereas simultaneous implementation of national programmes and coordinated programmes can provide information and experience on which to base future control activities,

HEREBY RECOMMENDS:

During 1997 Member States should take samples and undertake laboratory analysis for:

(a) Aflatoxins in spices;

(b) Contamination of food products for persons suffering from food allergy or hypersensitivity.

1. Although sampling rates have not been set, Member States should ensure that the number of samples taken is sufficient to provide an overview of the subject under consideration in each Member State. Suggestions will be made for the methods of analysis.

2. Member States should provide the information as requested following the format of the record sheets provided in the Annex to help enhance the comparability of results.

3. Aflatoxins in spices

Spices, in particular pepper, chilli products, nutmeg and paprika powder, may contain aflatoxins in excessive amounts owing to different processing and storage conditions. Article 2 of Council Regulation (EEC) No 315/93 (2), prohibits the selling of foodstuffs with excessive amounts of contaminants from the public health viewpoint and in particular at a toxicological level. Most Member States have specific regulations for the aflatoxin content of this kind of products.

The aim of this element of the programme is to study the extent to which the levels of aflatoxins in these products exceed national limits. This study will also identify the legal basis for rejection in each Member State. Analytical methods should be capable of determining aflatoxin levels in the samples at least down to 1 ìg/kg.

4. Contamination of foodstuffs for persons suffering from food allergy or hypersensitivity

Food products labelled or otherwise marketed with claims implying absence of certain protein ingredients and so forth constitute a potential health risk to people suffering from food allergy or hypersensitivity, if they are contaminated with that particular ingredient. Even minute amounts may be fatal. Article 2 of Council Directive 79/112/EEC (3) provides that the labelling and the advertising must not be such as could mislead the purchaser to a material degree, particularly as to the composition of the foodstuff. The aim of this element of the programme is to survey the enforcement actions taken by Member States when contaminated food products are found on the market.

Scope

Any type of food with claims implying absence of a particular ingredient: in view of the types of such food most commonly offered for sale in the Member States, sampling should be restricted to products not containing milk/milk proteins, lactose, egg, or gluten.

Project report: record sheet

Member States should ensure that the number of contaminated food products and of producers/importers involved, together with information about enforcement action taken, are reported to the Commission. If the kind of action taken is related to the amount of the contaminant found, action levels should also be reported.

Done at Brussels, 8 January 1997.

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ No L 186, 30. 6. 1989, p. 23.

(2) OJ No L 37, 13. 2. 1993, p. 1.

(3) OJ No L 33, 8. 2. 1979, p. 1.

ANNEX

1. AFLATOXINS IN SPICES

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Table 1.1

Pepper

Member State: Total number of samples analysed:

Total number of samples rejected:

Number of samples

Average value of positive samples

(ìg/kg)

Median value of positive samples

(ìg/kg)

Maximum value

(ìg/kg)

Limit or guide value for rejection

(ìg/kg)

Aflatoxin Not detected

50 ìg/kg

B1

B2

G1

G2

Legal basis for rejection:

Method of analysis used (reference: literature, written standard, etc.; keyword description of the procedure; limits of detection and determination) (if different from the proposed method):

Other details, indications, difficulties encountered:

Origin of rejected samples, if known:

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Table 1.2

Chilli and chilli powder

Member State: Total number of samples analysed:

Total number of samples rejected:

Number of samples

Average value of positive samples

(ìg/kg)

Median value of positive samples

(ìg/kg)

Maximum value

(ìg/kg)

Limit or guide value for rejection

(ìg/kg)

Aflatoxin Not detected

50 ìg/kg

B1

B2

G1

G2

Legal basis for rejection:

Method of analysis used (reference: literature, written standard, etc.; keyword description of the procedure; limits of detection and determination) (if different from the proposed method):

Other details, indications, difficulties encountered:

Origin of rejected samples, if known:

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Table 1.3

Nutmeg

Member State: Total number of samples analysed:

Total number of samples rejected:

Number of samples

Average value of positive samples

(ìg/kg)

Median value of positive samples

(ìg/kg)

Maximum value

(ìg/kg)

Limit or guide value for rejection

(ìg/kg)

Aflatoxin Not detected

50 ìg/kg

B1

B2

G1

G2

Legal basis for rejection:

Method of analysis used (reference: literature, written standard, etc.; keyword description of the procedure; limits of detection and determination) (if different from the proposed method):

Other details, indications, difficulties encountered:

Origin of rejected samples, if known:

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Table 1.4

Paprika powder

Member State: Total number of samples analysed:

Total number of samples rejected:

Number of samples

Average value of positive samples

(ìg/kg)

Median value of positive samples

(ìg/kg)

Maximum value

(ìg/kg)

Limit or guide value for rejection

(ìg/kg)

Aflatoxin Not detected

50 ìg/kg

B1

B2

G1

G2

Legal basis for rejection:

Method of analysis used (reference: literature, written standard, etc.; keyword description of the procedure; limits of detection and determination) (if different from the proposed method):

Other details, indications, difficulties encountered:

Origin of rejected samples, if known:

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2. CONTAMINATION OF FOODSTUFFS FOR PERSONS SUFFERING FROM FOOD ALLERGY OR HYPERSENSITIVITY

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Table 2.1

Investigation of products with claims implying absence of one or more of the following ingredients: milk/milk proteins, lactose, egg, or gluten

Member State: Total number of products tested:Total number of producers/importers involved: Total number of products in which the abovementioned ingredients were found:Total number of producers/importers of products in which the abovementioned ingredients were found:Enforcement action taken when the abovementioned ingredients were found

Claims

Number of products

Number of producers/importers

Actions taken (*) Number

tested

contaminated

monitored

with contaminated products none verbal warning written warning improved inhouse control required sales prohibition administrative penalty court action other

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

milk/milk protein-freelactose-free

egg-free

gluten-free

(*)Comments on action taken and indication of action level (mg/kg) if the type of action taken is related to the amount of the contaminant found.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

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Table 2.2

Member State: Analytical methods used

Milk/milk proteins

Lactose

Egg

Gluten

Further comments:>END OF GRAPHIC>