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Food Contaminants Food contaminants A webinar presented by: Dr Andy Bowles Attendee Notes 21/11/2019 Food contaminants 1 This webinar will consider What are food contaminants? Legal framework General principles Regulation 1881/2006 Enforcement 2 Food contaminants What are food contaminants? Legal framework General principles Regulation 1881/2006 Enforcement 3 1 21/11/2019 Definition of Contaminant Article 1 of Regulation (EC) 315/93 Any substance not intentionally added to food which is present in such food as a result of production including operations carried out in crop husbandry, animal husbandry and veterinary medicine, manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food, or as a result of environmental contamination.’ Does not include extraneous matter, such as, insect fragments, animal hair, etc 4 4 Types of food contaminant Agricultural contaminants Industrial contaminants Environmental contaminants 5 5 Agricultural Contaminants Affect primary agricultural products (e.g.. cereals, vegetables, nuts and fruits) and derived products Common Examples Nitrates Mycotoxins 6 6 2 21/11/2019 Mycotoxins group of naturally occurring chemicals produced by certain moulds. can occur on a variety of different crops and foodstuffs including cereals, nuts, spices, dried fruits, apple juice and coffee, often under warm and humid conditions. can cause a variety of adverse health effects in humans Damage DNA & cause cancer (Genotoxic) Liver & kidney damage Damage to immune system 7 7 Mycotoxins Most concern from a food safety perspective include aflatoxins (B1, B2, G1, G2 and M1), ochratoxin A, patulin toxins produced by Fusarium moulds, including fumonisins (B1, B2 and B3), trichothecenes (principally nivalenol, deoxynivalenol, T 2 and HT 2 toxin) and zearalenone. ‐ ‐ 8 8 Industrial Contaminants Unintentionally formed during industrial processes for the production of various foodstuffs Common Examples Tin 3-Monochloropropane (3-MCPD) Melamine 9 9 3 21/11/2019 Environmental Contaminants Affect plant and animal products (e.g.. cereals, vegetables and fruits, fish and shellfish, meat, milk and egg)and derived products Common Examples Heavy Metals (Lead, Cadmium, Mercury) Dioxins, dioxin-like PCBs, non dioxin-like PCBs Polycyclic Aromatic Hydrocarbons (PAHs) 10 10 Food contaminants What are food contaminants? Legal framework General principles Regulation 1881/2006 Enforcement 11 Main legislation Regulation (EC) 315/93 Regulation (EC) 1881/2006 Regulation (EC) 1882/2006 Regulation (EU) 2017/644 Regulation (EC) 401/2006 Regulation (EC) 333/2007 Contaminants in Foods (England) Regulations 2013 12 12 4 21/11/2019 Contaminants in Food Main EU Regulations Standards 1881/2006 max levels for certain contaminants in foodstuffs 315/93 Procedures for contaminants in food Sampling methods 1882/2006 2017/644 401/2006 333/2007 Sampling/analysis for Sampling/analysis for Sampling and analysis of Sampling and analysis of: levels dioxins and dioxin-like Mycotoxins in food. Metals of nitrates in lettuce PCBs 3-MCPD and spinach in certain foodstuffs. PAHs 13 13 Food contaminants What are food contaminants? Legal framework General principles Regulation 1881/2006 Enforcement 14 General principles Levels for contaminants in foodstuffs must be toxicologically acceptable, in the interest of public health If not, the food shall not be placed on the market Article 2 (1) Regulation (EC) 315/93 15 15 5 21/11/2019 General principles Contaminant levels shall be kept “as low as can reasonably be achieved” by following good practices Article 2 (2) Regulation (EC) 315/93 “ALARA” principle 16 16 Setting a Maximum Limit Maximum limits are set according to the ALARA principle (as low as reasonably achievable) To establish this level EU Commission: Collect data on contaminant concentrations in foods from across Member States produced according to Good Agricultural Practices (GAP)and Good Manufacturing Practice (GMP) Statistically assess data, variations in levels and draft maximum limit at 95th percentile Member States agree what can be reasonably be achieved Maximum Limit endorsed by Standing Committee and sent to EU Parliament to amend legislation 17 17 Food contaminants What are food contaminants? Legal framework General principles Regulation 1881/2006 Enforcement 18 6 21/11/2019 Regulation (EC) 1881/2006 Article 1 General Rules Foodstuffs listed in the Annex shall not be placed on the market where they contain a contaminant exceeding the level set in the Annex 19 19 Regulation (EC) 1881/2006 Annex Sets maximum levels for certain contaminants: Nitrates Mycotoxins Metals 3-MCPD Dioxins and PCBs Polycyclic aromatic hydrocarbons (PAHs) Melamine Inherent Plant Toxins 20 20 Regulation (EC) 1881/2006 21 21 7 21/11/2019 Regulation (EC) 1881/2006 Annex 22 22 Regulation (EC) 1881/2006 Article 3 Foods not complying with the maximum limits shall not be: Used as an ingredient Mixed with foodstuffs that do meet the limits (blending) 23 23 Regulation (EC) 1881/2006 Article 3 Foods to be subjected to sorting or other physical treatment to reduce contamination, shall not be mixed with other foods containing mycotoxins shall not be deliberately detoxified by chemical treatments 24 24 8 21/11/2019 Regulation (EC) 1881/2006 Article 4 Specific provisions for groundnut, other oilseeds, tree nuts, dried fruit, rice and maize . Article 5 Specific provisions for groundnuts (peanuts), other oilseeds, derived products thereof and cereals 25 25 Food contaminants What are food contaminants? Legal framework General principles Regulation 1881/2006 Enforcement 26 The Contaminants in Food (England) Regulations 2013 Regulation 5 “a person who contravenes or fails to comply with any of the EU provisions is guilty of an offence” EU Provisions Placing on the market food containing contaminants in excess of the limits in 1881/2006 Uses, mixes or detoxifies a food in breach of Article 3 of 1881/2006 Fails to comply with the specific labelling requirements in Article 5 of 1881/2006 27 5 27 9 21/11/2019 The Contaminants in Food (England) Regulations 2013 Regulation 6 Anyone convicted of an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale 28 5 28 Regulation (EC) 178/2002 Article 14 Level of contaminants in food, may be “unsafe” under Article 14 of 178/2002 Enforcement action may be taken under the Food Safety and Hygiene (England) Regulations 2013 29 Food Safety Act 1990 Section 9 Provides for detention or seizure of food that: “Fails food safety requirements” 30 10 21/11/2019 Contaminants in Food (England) Regulations 2013 Regulation 8 Applies Section 9 of the Food Safety Act Allows authorised officers to – At all reasonable times inspect any food intended for human consumption which has been placed on the market where, on such an inspection, it appears to the authorised officer that the food fails to comply with any of the requirements of the Contaminants in Food (England) Regulations 2013 the Officer may detain or seize the food 31 Summary What are food contaminants? Legal framework General principles Regulation 1881/2006 Enforcement 32 Dr Andy Bowles [email protected] www.abcfoodlaw.co.uk @abcfoodlaw 01603 319863 33 11 .
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