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DG SANTE Unit Alerts and Traceability
Ghislain MARECHAL Food Fraud Network Meeting
30 November 2018 - Brussels
Challenges and opportunities to tackle Food Fraud
EU food is safer than ever Customer/consumer's trust is decreasing.
Paradox
Information distortion: the inability to ascertain "ground truth"
Legal framework to act
R 178/2002 on the General Food Law
R 2017/625 on Official Controls
R 1169/2011 on Food Information to Consumers
R 767/2009 on Feed
Plan for Crisis Management
New references (OCR) but not yet in force.
Operators: ensuring compliance
Authorities: verifying compliance
Commission: Guardian of the Treaties, cooperation, relation with non-EU countries
Current activities on Food Fraud
Food Fraud: the tip of the iceberg
156 178
118
2016 2017 1st semester 2018
236?
Food Fraud: the tip of the iceberg
Threats to public health
Impacts on legitimate trade
Consumers: confidence
Companies: money
Authorities: credibility
Number of notifications increases
1. Do we know what Food Fraud means?
Violation of EU Food Law Intention
Economic gain Deception of customers
Mislabelling / Misbranding
Dilution
Concealment
Counterfeiting
Substitution
Unapproved enhancements
2. How can food safety systems be designed to prevent, detect and mitigate fraud? "Think like a criminal to fight fraud"
Food Safety Systems not specially designed to prevent / fight Food Fraud
Food Fraud Vulnerability Assessment (supply chain mapping, socio-economic/behavioural/geo-political analysis …)
Plan to control identified vulnerabilities (monitoring strategy, origin/label verification, supplier audit, analytical testing strategy, anticounterfeit technology …)
3. How can we better tackle food fraud originating in third countries?
Complexity and cross-border character increase the risk of food fraud
Absence of cooperation /
Reliance on third countries authorities
Equivalence Vs. Compliance
Different requirements (approval, declaration, controls, certification, traceability …)
4. Are MS structures effective in dealing with food fraud?
Food inspectors without forensic capacities
Police inspectors without food expertise
Not necessarily a high priority compared to other criminal activities (when no public health risk)
Possibility to identify emerging risk
Ability to coordinate investigation
Capacity to work on equal terms with other investigative services
5. Powers to conduct inspections/investigations?
Commission controls and "on the spot verifications"
Controls, verifications, inspections, audits, investigations ?
Always announced so operators and competent authorities warned in advance
6. How can we ensure that fraudsters are penalised?
Easy choice: the risks of getting caught are low and there are no proper deterrents
Not traditionally a high priority for prosecution/judicial services
Lengthy process (public health risks)
Lack the necessary range of administrative measures /penalties
7. Information, recall, withdrawal and reporting?
No direct obligation to report or withdraw products when fraudulent or deceptive practices are suspected (whistle-blower protection and food fraud definition absent)
Authorities / Commission deprived of intelligence source
Difficulties for prevention, search, detection and combat for other similar occurrences of fraud
Information
Information
…
Achievements
Undeclared peanuts in hazelnuts consignments / Mislabelling
Not accidental: 14, 16 and 22% substitution
400€ per Ton
Peanuts are allergens Consumer buying peanuts for the price of hazelnuts
1. Violation of EU Food Law
2. Intention
3. Economic gain
4. Deception of customers
Consumer complaint after allergic reaction
Business own check peanuts in ground hazelnuts
Report to DE authorities
Public Health Risk
+ Suspicion of Fraud
Control of shrimps from Vietnam by
MS (Official controls on the market and
Border Controls
Request for an action plan Withdrawal of establishments from EU lists
Use of prohibited drugs (nitrofurans) Mis-uses of antibiotics (exceeding MRLs)
Repetitive behaviour despite warnings / information by authorities
Decreased mortality, use of low cost antibiotics, higher densities
Exposure to genotoxic and carcinogenic substances Antibiotic resistance
1. Violation of EU Food Law
2. Intention
4. Deception of customers
3. Economic gain
19
LEGEND
Qn?
Handler/consignee
Question?/Reminder!/Request
Physical movement of products
Alleged movement of products
Contract
Transport by land
Trader
Allegedcontract
! Illegal practice
Producer
Transportby sea
Next step after investigations
Thank you for your attention
* T
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Thank you for your attention