Food contaminants
A webinar presented by:
Dr Andy Bowles
Attendee Notes 21/11/2019
Food contaminants
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This webinar will consider
What are food contaminants?
Legal framework
General principles
Regulation 1881/2006
Enforcement
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Food contaminants
What are food contaminants?
Legal framework
General principles
Regulation 1881/2006
Enforcement
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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
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Types of food contaminant
Agricultural contaminants Industrial contaminants Environmental contaminants
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Agricultural Contaminants
Affect primary agricultural products (e.g.. cereals, vegetables, nuts and fruits) and derived products
Common Examples Nitrates Mycotoxins
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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
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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. ‐ ‐
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Industrial Contaminants
Unintentionally formed during industrial processes for the production of various foodstuffs
Common Examples Tin 3-Monochloropropane (3-MCPD) Melamine
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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)
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Food contaminants
What are food contaminants?
Legal framework
General principles
Regulation 1881/2006
Enforcement
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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
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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
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Food contaminants
What are food contaminants?
Legal framework
General principles
Regulation 1881/2006
Enforcement
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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
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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
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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
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Food contaminants
What are food contaminants?
Legal framework
General principles
Regulation 1881/2006
Enforcement
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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
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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
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Regulation (EC) 1881/2006
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Regulation (EC) 1881/2006 Annex
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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)
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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
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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
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Food contaminants
What are food contaminants?
Legal framework
General principles
Regulation 1881/2006
Enforcement
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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
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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
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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
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Food Safety Act 1990
Section 9 Provides for detention or seizure of food that:
“Fails food safety requirements”
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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
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Summary
What are food contaminants?
Legal framework
General principles
Regulation 1881/2006
Enforcement
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Dr Andy Bowles
www.abcfoodlaw.co.uk @abcfoodlaw 01603 319863
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