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Official Food and Feed Controls
Why was new legislation drawn up for official food and feed controls?
The Regulation on Official Food and Feed Controls was one of the measures foreseen in the 2000 White Paper on Food Safety, and an integral part in applying the “farm to fork” food safety principle. Official controls on food and feed are reorganised so that they will now be carried out at all stages of production and in all sectors. Among the objectives of this legislation are: the improvement of national and EU control services by creating a clearer, more strategic and defined approach to controls; the provision of enforcement measures, both at national and EU level, to deal with non-compliance; and the development of a common risk-based regime for food and feed import controls.
What new measures does the Official Food and Feed Controls Regulation introduce?
Among other measures, the Regulation provides for:
• A harmonised EU-wide approach to the design and development of national food and feed control systems
• Administrative assistance and co-operation between competent national authorities where the results of official controls require action by more than one
Member State
• General audits of national control systems against control plans, to verify the effectiveness of national measures
• Enforcement measures at national level to address problems of non-compliance with feed and food law, including animal health and welfare rules, as well as enforcement measures at EU level
• A common approach to imports of food and feed, including food of non-animal origin such as fruit and vegetables which were not previously covered - The provision of technical assistance to developing third countries, including training of control officials from these countries;
Will any of the current official control measures remain in place?
The Regulation provides for new general rules applicable to controls for all food and feed production, whether produced within the EU or imported. However, specific controls that have already been established in order to deal with particular situations (e.g. residues, pesticides, BSE, zoonoses) will be kept in place. The Regulation does not rule out the development of more specific rules to deal with any additional problems that may arise in future.
Who is responsible for carrying out the controls under this legislation?
Under the official food and feed controls legislation, the focus is on defining the role and duties of the competent authorities. This Regulation does not, therefore, set out obligations for food and feed operators, although it complements the hygiene legislation where operators’ responsibilities are clearly laid down and it contains procedures that will have an effect on operators (e.g. import procedures). National control authorities must meet a number of operational criteria in order to ensure their efficiency, effectiveness and impartiality. They shall, in particular, have access to a sufficient number of suitably qualified staff and adequate resources, and implement documented control procedures. In addition to current requirements for contingency plans in the feed and veterinary sectors, contingency plans for food crises must be established and staff must be properly trained to implement these plans. Audits subject to independent scrutiny shall be carried out to ensure that the authorities achieve the objectives of this Regulation. Member States will be required to submit and update a multi-annual control plan for the implementation of food and feed legislation, and to report annually on the implementation of that plan The annual report shall also include information on how recommendations from previous Commission inspections and audit reports have been followed up, as well as actions taken to transpose new EU legislation.
What provisions are made for food and feed crises?
The Official Food and Feed Controls Regulation requires Member States to establish contingency plans for the management of a crisis in the food or feed sectors. These plans should set out the measures to be implemented where food and feed has been found to pose a serious risk to humans or animals. They must specify the authorities to be engaged, their powers and responsibilities, as well as the channels and procedures for transmitting information among the relevant actors.
What does the legislation foresee for sanctions?
Breaches of feed and food law, as well as animal health and welfare rules, may constitute a threat for human health, animal health and the environment. Such breaches should therefore be subject to effective, dissuasive and proportionate measures throughout the EU.
Two levels of sanctions are provided for at national level in the new legislation in the case of non-compliance by operators:
• Administrative sanctions, such as withdrawal or suspension of an approval, destruction or withdrawal of a product from the market or restriction of the scope and scale of activities.
• Criminal sanctions against non-compliant food operators may be imposed by Member States, according to the circumstances and to their national rules. in addition, where the Commission has proof that a Member State’s control system is inadequate, it can take special measures, together with the other Member States in the Standing Committee on the Food Chain and Animal Health, or in serious cases on its own initiative. These may include suspending the placing of a certain food or feed on the market or laying down special interim measures to protect human, animal or plant health, animal welfare or the environment.
What does the legislation foresee for control fees?
The Regulation requires that adequate financial resources should be available for organising official controls. Hence, the Member States must be able to levy fees to cover the costs of official controls. The legislation aims to establish common principles for the collection of these fees. Therefore, minimum recommended fees for food of animal origin are set out. The Regulation also states that if the competent authority detects a situation of non compliance which leads to expenses exceeding those for routine monitoring, these extra expenses can be charged to the non compliant food or feed business operator. In setting the level of fees, the Member States are requested to take into consideration a number of criteria in order to avoid, for example, excessive fees for small businesses or for businesses producing traditional products. With regard to fees applicable for import control, the Regulation establishes the rates for main import items directly, with a view to ensuring their uniform application and to avoid trade distortions.
How does the legislation provide for adequate expertise to carry out controls?
The Regulation imposes training requirements for control officials. In practice, this means that Member States must organise adequate and regular training for officials. In addition, provision is made for training at EU level. Such training is necessary in order to ensure a uniform application of the control requirements and of the decisions that are taken following controls.
What are the changes in import controls?
The import procedures for food and feed of animal origin do not change significantly. However, a new aspect of the legislation provides for the introduction of a more harmonised approach to controls on imports of food and feed of non-animal origin from third countries, such as fruit and vegetables or cereals. The frequency of controls on these imports will be based on risk. In addition, provision is made for drawing up a list of products of non-animal origin which are known to potentially pose serious risks to human or animal health, e.g. products which can be contaminated with aflatoxins. It is proposed that these products should be subject to stricter scrutiny and checking at the point of entry, as is the case for products of animal origin.
Does the official food and feed controls Regulation have an impact outside the EU?
For all imported food and feed, the general principle is that the product must meet EU food and feed safety standards or conditions recognised by the Community to be at least equivalent to EU standards.
Under current arrangements, third countries wishing to export products of animal
origin to the EU must be authorised for the relevant commodity and the products
must come from an EU approved establishment. In order to be included on this EU
list, third countries must provide guarantees that exports to the EU meet the
standards prescribed in the relevant EU legislation. There is flexibility for the manner
in which guarantees can be presented, but an example would be the provision of
detailed information on the organisation and management of sanitary control
systems, and results of national controls. Guarantees are verified by on-the spotinspections
by the Commission’s Food and Veterinary Office (FVO). A similar system where third countries are approved and their establishments listed does not exist for food and feed of non-animal origin, nor is it systematically introduced under the new rules. However, the new legislation provides for procedures that would allow the import procedures for feed and food of non-animal origin to be reinforced where greater risks appear to warrant it. Finally third countries may be requested, in accordance with the Sanitary and Phytosanitary (SPS) provisions, to provide information on their food and feed safety systems.
Will this new legislation be difficult for developing countries to comply with?
The Regulation provides for a full range of initiatives to make it easier for developing countries to implement the EU food and feed control requirements. The following measures, amongst others, may be adopted and maintained so long as they have a demonstrable effect to ensure that developing countries are able to comply with the provisions of this Regulation:
Phased introduction of certain specific requirements Technical assistance projects Twinning projects between developing countries and Member States the development of guidelines to assist developing countries in organising official controls on products exported to the EU Visits by EU experts Participation of developing countries’ control staff in the training courses organised in the EU.
The Commission has also drawn up a guidance document to assist developing countries in organising official controls on products destined for the EU market.
Will the EU provide any financial assistance to cover the costs of the new measures?
The Regulation introduces a number of activities that require financial input from the Community. These include the training of control officials, the standardisation of analysis methods, the designation of new reference laboratories etc. A new financial input of €13 million annually is provided for that purpose.