Food Law Alert 3 January 2014

Hot Topics EFSA Opinion on Maximum Level of DON for Certain Semi-Processed Cereal Products

Commission Proposals for Animal Cloning & Novel Food Country of Origin Labelling for Fresh, Chilled and Frozen Meat

Report on Country of Origin Labelling for Meat Used as an Ingredient

Food Law Alert is a Campden BRI Member Service providing prompt and succinct news of legislative developments. Whenever possible, links are given to relevant websites from where further

information is available. In many cases entire documents can be downloaded. Normally, documents are also available from Campden BRI.

Requests should be e-mailed to: regulatoryadvice@campdenbri.co.uk

FORTHCOMING EVENTS ANIMAL HEALTH AND WELFARE

Animal By-Products - Unsatisfactory Controls in Iceland Animal By-Products - EFSA Opinion on a Bioreduction Application Defra CINs – Customer Information Notes Miscellaneous - Animal Welfare at Slaughterhouses Pigs - Control Measures Relating to Classical Swine Fever Sheep and Goats - Model Health Certificates for Animals for Slaughter, Fattening and Breeding

COMMITTEES AND AGENCIES UK Miscellaneous - GACS Chair & Members Reappointed EU EFSA - 59th Management Board Meeting Miscellaneous - Consumers, Health and Food Executive Agency Miscellaneous - Research Executive Agency Miscellaneous - European Research Council Executive Agency

CONTAMINANTS Mycotoxins - EFSA Opinion on Maximum Level of DON for Certain Semi-Processed Cereal Products

ENFORCEMENT Official Controls - Amended Official Controls on Imports of Certain Feed and Food of Non-Animal Origin Official Controls - Annual Report on UK Multi-Annual National Control Plan

ENVIRONMENT Miscellaneous - Prosecution Pollution Prevention - Derogation in the UK and Northern Ireland on Protection of Waters Against Nitrate Pollution Pollution Prevention - Guidance on Nitrate Vulnerable Zones in England 2013 to 2016 Pollution Prevention - Guidance on Protecting Water, Soil and Air

FEEDINGSTUFFS Additives - Additive Authorisations Additives - Amended Name of Holder of Authorisation Miscellaneous - Feed (Hygiene & Enforcement) and the Animal Feed (England) Regulations Miscellaneous - Improvement in Production of Animal Feed Required in Norway

GENERAL Miscellaneous – Review of Mobile Apps in Retail Miscellaneous - UK Agri-Tech Strategy Technical Rules – Draft Notifications

GENERAL FOOD LAW Miscellaneous - Application of the Food Safety and Hygiene (England) Regulations 2013

HEALTH & SAFETY Miscellaneous - Prosecutions

HYGIENE Biocides - Restriction of Authorisations for Products Containing Bromadiolone Miscellaneous - EFSA Opinion on Evaluation of Molecular Typing Methods for Major Food-Borne Microbiological Hazards Official Controls – FVO Mission Report Published Products of Animal Origin - EFSA Opinion on Carbapenem Resistance in Food Animal Ecosystems Products of Animal Origin – FVO Mission Report Published

LABELLING Miscellaneous - Optional Quality Term 'Product of Island Farming' Miscellaneous - Consultation on Food with Added Phytosterols or Phytostanols (Labelling) (England) (Amendment) Regulations 2013 Miscellaneous - Country of Origin Labelling for Fresh, Chilled and Frozen Meat Miscellaneous- Report on Country of Origin Labelling for Meat Used as an Ingredient Miscellaneous - New Minced Meat Labelling Rules Nutrition Labelling - Children's Reference Intakes Update Protected Names - Amendment Application for Cornish Clotted Cream Protected Names - Application for Welsh Laverbread Protected Names - New Applications, Registrations and Amendments

NOVEL FOODS GM Foods - Commission Decision on GM Potato Amflora Annulled GM Foods - EFSA Opinion on PMEM Report on Cultivation of GM Maize MON 810 GM Foods - EFSA Statement on the Safety of Soybean Oil for Commercial Frying GM Foods - EFSA Opinion on Application for GM Soybean 305423 Miscellaneous - Commission Proposals for Animal Cloning & Novel Food

ORGANIC FOODS Miscellaneous - Organic Farming Review Miscellaneous - Use of Non-Organic Aquaculture Juveniles and Seed of Bivalve Shellfish in Organic Aquaculture Miscellaneous – FVO Mission Reports Published

PESTICIDES Miscellaneous - UK Efficacy Requirements for Molluscicide Pellet Products Plant Protection Products - EFSA Opinion on DNT Potential of Acetamiprid and Imidacloprid Plant Protection Products - Peer Reviews of Active Substances

Food Law Alert 3 January 2014

Residues – EFSA Opinions on Modification of Existing MRLs Residues - Amended MRLs

PRODUCTS Fats and Oils - Marketing Standards for Olive Oil Fats and Oils - Method of Sampling of Olive Oil and Olive-Pomace Oil Foods for Particular Nutritional Uses - Consultation Responses on Draft Infant & Follow-on Formula (England)(Amendment) Regulations Food Supplements - Update on OxyElite Pro Fruit & Vegetables - Import of Citrus Fruits from South Africa Fruit & Vegetables - Minimum Conditions for Seed Potatoes

Meat & Fish Products - Method of Sensory Testing for Seasoned Poultry Meat Meat & Fish Products - Research Call for Microbial Evaluation of Poultry and Pork MSM Meat & Fish Products - Food Safety Requirements on Harvesting and Processing of Shellfish Meat & Fish Products - Turkey Butterflies from Unapproved Premises Seeds & Plants - Common Catalogue of Varieties of Agricultural Plant Species

WATER Ground Water - Consultation on Water Abstraction Reforms

Food Law Alert Page 3 of 25 03/01/2014

FORTHCOMING EVENTS

Campden BRI's Annual Food Labelling Seminar New Date Please note that the Food Labelling Update Seminar took place in December. Due to high demand a re-run will take place on January 30th 2014. Bookings are now being taken for the new date.

When the Food Information to Consumers Regulation (FIC) comes into force in December 2014 it will fundamentally affect the labelling of food and drink within the EU. A clear understanding of these changes will minimise their impact and enable manufacturers, retailers and caterers as well as their suppliers to make a smooth transition to the new rules. For its 11th Annual Food Labelling Seminar, Campden BRI has once again assembled a team of experts to explain and discuss the significance and commercial implications of key changes to labelling legislation and related initiatives including: Retailers perspective on meeting the challenges of FIC implementation Latest updates on FIC Country of Origin labelling Food Authenticity, Monitoring and Policy Health claims and Marketing strategies COST PER DELEGATE: £395+VAT member, £495+VAT non-member For further details on the programme and how to register visit:

http://www.campdenbri.co.uk/food-labelling-seminar.php

Dates for Your Diary 2014 Campden has an unrivalled reputation for the excellence of its food law training. Scheduled courses, normally run at Campden, are always highly-rated by the delegates who value the expertise of the tutors, the interactive nature of the teaching and the quality of the delegates reference handbooks. Food and Drink Labelling 5 - 6 February 2014 Food and Drink Labelling 2 - 3 April 2014 An Introduction to Food Law 29 - 30 April 2014 Beer Labelling Requirements at Nutfield 21 May 2014 Food Information to Consumers Workshop 21 May 2014 Nutrition and Health Claims 4 June 2014 Food and Drink Labelling 17 - 18 June 2014 Food and Drink Labelling 9 - 10 September 2014 Weights and Measures 2 October 2014 An Introduction to Food Law 15 - 16 October 2014 Food and Drink Labelling 19 - 20 November 2014 For further details, course content and how to register visit: http://www.campdenbri.co.uk/legislation-courses.php Dates for the events are quickly beginning to fill up so act quickly to avoid disappointment. Courses are increasingly being customised for individual companies, sectors and supply chain.

Food Law Alert Page 4 of 25 03/01/2014

Change at the Top 2014 will see a number of important changes in Campden BRI’s Regulatory Service, including a change in the organisation and leadership of the team responsible for their delivery. Steve Spice is the new Head of Regulatory Affairs. He joins us after 15 years at Waitrose and brings over 30 years’ experience of the food and drink industry gained in legislative and technical roles. Commenting on his appointment Steve said: “I am delighted to be joining Campden BRI. My career to date working in retail and manufacturing has given me a wealth of experience of the food and drink industry, which will stand me in good stead for my new role. In particular I look forward to leading an expanding team of specialists who play a significant role in helping industry keep abreast of and comply with ongoing legislation changes.” John Hammond, who retires from business on 9 January, commented. “15 years ago we set up what was then a very small specialist legal team at Campden. In the intervening period we’ve expanded steadily, establishing what I hope is a well deserved reputation for our expertise. Today in real terms we’re three times bigger, bring in seven times as much contract work and generate more than ten times the profit that we did at the outset. As a research association, of course, the profits are always reinvested in the business for the benefit of our members. 2013 was been another record breaking for the team. We entered the exciting world of e-learning and conducted important project work for Defra, the FSA, the European Parliament as well as the private and third sectors. It’s been a great privilege to lead the team since its inception. The success that we’ve had has only been possible because of the commitment and quality of my colleagues, past and present, who’ve worked in and alongside the team. I want to pay tribute to their commitment and professionalism. I’m absolutely delighted that Stephen Spice has been appointed to take the department forward and combine the teams here and at Nutfield into an even more formidable force for the future. Stephen Spice may be contacted via stephen.spice@campdenbri.co.uk, 01737 824265.

Food Law Alert Page 5 of 25 03/01/2014

ANIMAL HEALTH AND WELFARE

Animal By-Products - Unsatisfactory Controls in Iceland

The European Free Trade Association (EFTA) announced on 13 December 2013 that Iceland has inadequate arrangements in place to ensure that all animal by-products are handled, processed and disposed of in accordance with the European Economic Area (EEA) legislation. This is the conclusion in a report published by the EFTA Surveillance Authority after an inspection in Iceland in September this year. The Authority has sent a letter to Iceland regarding this issue and will consider initiating formal infringement proceedings in light of Iceland's reply. The inspection also confirmed that Iceland does not comply with requirements concerning removal of bovine specified risk material and the Authority has already initiated infringement proceedings in relation to this matter. 20103

Animal By-Products - EFSA Opinion on a Bioreduction Application

EFSA's Panel on Biological Hazards (BIOHAZ) published on 17 December 2013 a Scientific Opinion on Bioreduction application. A method for on-farm containment of animal by-products (ABPs), called a ‘Bioreduction’ system, was assessed. The material for containment was of ovine origin and classified as a Category (Cat.) 1 ABP material. The proposed process consists of an aerobic degradation of the ABP material in a vented, leak-proof vessel. The Bioreduction system can reduce the risks related to pathogens such as non-spore forming bacteria and viruses. However, it is highly improbable that the risks related to more resistant biological hazards can be reduced. The design of the plant does not meet the requirements laid down in current legislation for handling of ABPs after their collection. An inadequate, generic HACCP plan was provided and major deficiencies were noted in relation to the risks associated with interdependent processes. Based on this and other issues, the Panel concluded that the proposed Bioreduction method cannot be considered as a safe alternative method for on farm containment of animal by-products. 20104

Defra CINs – Customer Information Notes

Defra has issued the following Customer Information Notes (CIN) and Official Veterinary Surgeons Notes (OVS) on its webpages

CIN 2013/113 Export of meat/meat products of ovine/caprine origin to Libya

CIN-13-114 OVS 13/36

Update on import requirements for glucosamine, chondroitin and chitosan

CIN 2013/116 Reminder of acceptable certification protocol to follow for exports of animal products to third (non-EU) countries

CIN-API-13-117 OVS 13/37

Validation of Chapter 4(C) and 4(D) certification – Imports of blood products not for human consumption

20105

Food Law Alert Page 6 of 25 03/01/2014

Miscellaneous - Animal Welfare at Slaughterhouses

EFSA's Panel on Animal Health and Welfare (AHAW) published on 20 December 2013 Scientific Opinions on monitoring procedures at slaughterhouses for:

Pigs

Sheep and Goats

Poultry The opinions propose monitoring indicators to be used and sampling protocols to be put in place at slaughterhouses. A technical report has also been published that gives indications on how to calculate the number of animals needed for sampling. This work has been carried out in the context of the EU legislation on the protection of animals at the time of killing. According to this legislation, business operators must ensure that animals do not present any signs of consciousness after stunning and before death. 20106

Pigs - Control Measures Relating to Classical Swine Fever

Commission Implementing Decision 2013/764/EU of 13 December 2013 concerning animal health control measures relating to classical swine fever in certain Member States was published in the Official Journal of the EU, L338/102, 17/12/2013. This Decision repeals Decision 2008/855/EC and applies until 31 December 2017. It lays down certain control measures in relation to classical swine fever to be applied in the Member States or areas thereof as set out in the Annex and applies without prejudice to the plans for the eradication of classical swine fever and emergency vaccination against that disease. 20107

Sheep and Goats - Model Health Certificates for Animals for Slaughter, Fattening and Breeding

Commission Implementing Decision 2013/784/EU of 18 December 2013 amending the model health certificates I, II and III for intra-Union trade in ovine and caprine animals for slaughter, fattening and breeding set out in Annex E to Council Directive 91/68/EEC was published in the Official Journal of the EU, L346/75, 20/12/2013. This Decision amends the model health certificates I, II and III, set out in Annex E to Directive 91/68/EEC, in order to correctly reflect the requirements relating to intra-Union trade in ovine and caprine animals for fattening and breeding laid down in Regulation (EC) No 999/2001, as amended by Regulation (EU) No 630/2013 and ensure consistency of terminology. 20108

Food Law Alert Page 7 of 25 03/01/2014

COMMITTEES AND AGENCIES

UK

Miscellaneous - GACS Chair & Members Reappointed

The Food Standards Agency (FSA) announced on 23 December 2013 that it had re-appointed the Chair and several members of the General Advisory Committee on Science (GACS). Professor Colin Blakemore will serve another three years as Chair of the GACS, as will Professor Anne Murcott (expert member) and Mrs Leen Petré (lay member). The term of office of each will run to 31 December 2016. 20109

EU

EFSA - 59th Management Board Meeting

EFSA announced on 19 December 2013 that its Management Board had adopted a new Programming document, including a Multiannual Plan 2014-2016, as well as the detailed annual work programme and budget for 2014. The Multiannual Plan (MAP) aims to strengthen the way EFSA provides scientific advice, to make optimum use of the EU risk assessment community and build more transparency and trust. The MAP will feed into a broader review of the corporate EFSA Strategy (2009-2013) which will be redefined for 2014-2018. 20110

Miscellaneous - Consumers, Health and Food Executive Agency

Commission Implementing Decision of 17 December 2013 establishing the Consumers, Health and Food Executive Agency and repealing Decision 2004/858/EC was published in the Official Journal of the EU, L341/69, 18/12/2013. The Decision establishes the Consumers, Health and Food Executive Agency from 1 January 2014 until 31 December 2024. The Agency will be based in Luxembourg and is entrusted with the implementation of parts of the following Union programmes and actions:

the Consumer Programme 2014-2020;

the Public Health Programme 2014-2020; and

the food safety training measures covered by Directive 2000/29/EC and Regulation (EC) No 882/2004.

20111

Miscellaneous - Research Executive Agency

Commission Implementing Decision 2013/778/EU of 13 December 2013 establishing the Research Executive Agency and repealing Decision 2008/46/EC was published in the Official Journal of the EU, L346/54, 20/12/2013.

Food Law Alert Page 8 of 25 03/01/2014

This Decision establishes the Research Executive Agency from 1 January 2014 until 31 December 2024. The Agency will be based in Brussels and is entrusted with the implementation of certain areas, within the framework of the Specific Programme Implementing Horizon 2020 — The Framework Programme for Research and Innovation (2014-2020). 20112

Miscellaneous - European Research Council Executive Agency

Commission Implementing Decision 2013/779/EU of 17 December 2013 establishing the European Research Council Executive Agency and repealing Decision 2008/37/EC was published in the Official Journal of the EU, L346/58, 20/12/2013. This Decision establishes the European Research Council Executive Agency from 1 January 2014 until 31 December 2024. The Agency will be based in Brussels and will be the dedicated implementation structure of the European Research Council, responsible for the administrative implementation and programme execution. 20113 CONTAMINANTS

Mycotoxins - EFSA Opinion on Maximum Level of DON for Certain Semi-Processed Cereal Products

EFSA's Panel on Contaminants in the Food Chain (CONTAM) published on 17 December 2013 a Statement on the risks for public health related to a possible increase of the maximum level of deoxynivalenol for certain semi-processed cereal products. Following a request from the European Commission, this Statement concerns the risks to human health related to a possible increase of the maximum level (ML) of deoxynivalenol (DON) for flour, semolina, meal and flakes derived from wheat, maize or barley used as an ingredient, from 750 µg/kg to 1000 µg/kg, with the understanding that the ML for bread (including small bakery wares), pastries, biscuits, cereal snacks and breakfast cereals remains 500 µg/kg. EFSA based its Statement on existing occurrence data on DON in food collected between 2007 and 2012 and reported by 21 European countries. Due to the lack of appropriate occurrence data from pre-market monitoring, the impact of increasing the ML was estimated using a simulation approach, resulting in an expected increase in mean levels of the respective food products by a factor of 1.14-1.16. Based on median chronic exposure in several age classes, the percentage of consumers exceeding the group provisional maximum tolerable daily intake (PMTDI) of 1 μg/kg body weight (b.w.) for the sum of DON and its 3- and 15-acetyl-derivatives, is approximately 2-fold higher with the suggested increased ML than with the current ML. Several acute exposure scenarios resulted in exceedance of the group acute reference dose (ARfD) of 8 µg/kg b.w. The exposure from the DON acetyl-derivatives (Ac-DONs) has not been covered in this statement, since the acetyl-derivatives are not included in the current or suggested increased ML and because only few occurrence data are available. An increase of the DON ML can be expected to be associated with an increase of the levels of DON and Ac-DONs. 20114

Food Law Alert Page 9 of 25 03/01/2014

ENFORCEMENT

Official Controls - Amended Official Controls on Imports of Certain Feed and Food of Non-Animal Origin

Commission Implementing Regulation (EU) No 1355/2013 of 17 December 2013 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin was published in the Official Journal of the EU, L341/35, 18/12/2013. This Regulation applies from 1 January 2014 and deletes the entries in the list concerning hazelnuts from Azerbaijan, mace, ginger and curcuma from India, mace from Indonesia and brassica vegetables from Thailand. 20115

Official Controls - Annual Report on UK Multi-Annual National Control Plan

The FSA published on 18 December 2013 the sixth annual report on progress towards implementation of the UK Multi-Annual National Control Plan, which covers progress in 2012. Based on the data collected for 2012, the overall level of compliance in all sectors in the UK was satisfactory when assessed against expectations. 20116 ENVIRONMENT Miscellaneous - Prosecution The Environment Agency announced on 13 December 2013 that a farm had been fined a total of £37,000 and ordered to pay £20,000 in costs, along with a £15 victim surcharge on four charges relating to the repeated pollution of a local watercourse bordering the premises. The pollution was caused by inadequate storage of slurry and silage at the farm and the failure to comply with an Environment Agency Notice requiring improvements to be made to these stores. 20117 Pollution Prevention - Derogation in the UK and Northern Ireland on Protection of Waters Against Nitrate Pollution Commission Implementing Decision 2013/781/EU of 18 December 2013 on granting a derogation requested by the United Kingdom of Great Britain and Northern Ireland with regard to England, Scotland and Wales pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources was published in the Official Journal of the EU, L346/65, 20/12/2013. This Decision grants a derogation in England, Wales and Scotland, allowing a higher amount of livestock manure to be applied to the land each year on grassland farms than that provided for in Annex III to Directive 91/676/EEC. It expires on 31 December 2016. 20118

Food Law Alert Page 10 of 25 03/01/2014

Pollution Prevention - Guidance on Nitrate Vulnerable Zones in England 2013 to 2016

Defra published on 19 December 2013 Guidance on complying with the rules for Nitrate Vulnerable Zones in England for 2013 to 2016. The guidance is for farmers in Nitrate Vulnerable Zones (NVZs) for the period 2013 to 2016. It explains how Defra interprets the requirements of the Nitrate Pollution Prevention Regulations 2008. The guidance has been updated to reflect the outcome of residual farmers’ NVZ appeals since June 2013 and also clarifies sections of the guidance queried by stakeholders since June 2013 and corrects minor typographical errors. 20119

Pollution Prevention - Guidance on Protecting Water, Soil and Air

Defra published on 23 December 2013 'Protecting our Water, Soil and Air: A Code of Good Agricultural Practice for farmers, growers and land managers'. This publication consolidates and updates the former three separate codes for water, soil and air. It offers practical interpretation of legislation and provides good advice on best practice for minimising the risk of causing pollution while protecting natural resources and allowing economic agriculture to continue. 20120 FEEDINGSTUFFS

Additives - Additive Authorisations

Commission Implementing Regulations concerning the authorisation of the following substances as feed additives have been published in the Official Journal of the EU:

Commission Implementing Regulation

Feed additive Date of publication

Use End of period of authorisation

1365/2013 A preparation of alpha-galactosidase produced by Saccharomyces cerevisiae (CBS 615.94) and endo-1,4-beta-glucanase produced by Aspergillus niger (CBS 120604)

19 December 2013

Feed additive for minor poultry species for fattening and for chickens reared for laying

8 January 2024

1404/2013 A preparation of endo-1,4-beta-xylanase produced by Aspergillus niger (CBS 109.713) and endo-1,4-beta-glucanase produced by Aspergillus niger (DSM 18404)

21 December 2013

Feed additive for pigs for fattening

12 January 2024

Food Law Alert Page 11 of 25 03/01/2014

20121

Additives - Amended Name of Holder of Authorisation

Commission Implementing Regulation (EU) No 1334/2013 of 13 December 2013 amending Regulation (EC) No 1290/2008 as regards the name of the holder of the authorisation and as regards the recommended dose of a preparation of Lactobacillus rhamnosus (CNCM-I-3698) and Lactobacillus farciminis was published in the Official Journal of the EU, L335/12, 14/12/2013.

The change of authorisation holder is purely administrative and this Regulation deletes the trade name from Regulation (EC) No 1290/2008. Existing stocks which have been produced and labelled before 3 January 2014 in accordance with the rules applicable before 3 January 2014 may continue to be placed on the market and used until 3 July 2014. 20122

Miscellaneous - Feed (Hygiene & Enforcement) and the Animal Feed (England) Regulations

The Feed (Hygiene & Enforcement) and the Animal Feed (England)(Amendment) Regulations 2013, SI 2013 No. 3133, were laid before Parliament on 16 December 2013 and come into force on 17 January 2014. These Regulations provide for the enforcement in England of Regulation (EU) No 225/2012. This amends Regulation (EC) 183/2005 to:

require that the producers and processors of fats and oils of vegetable origin for use in animal feed be approved to undertake these activities rather than merely registered with competent authorities; and to

introduce a programme of risk-based monitoring of these fats and oils, and oils of marine origin, for the presence of dioxins and dioxin-like PCBs.

They also make two amendments to the Animal Feed (England) Regulations 2010, which provide for the enforcement of Regulation 767/2009 on the placing on the market and the use of feed. 20123

Miscellaneous - Improvement in Production of Animal Feed Required in Norway

The European Free Trade Association (EFTA) announced on 18 December 2013 that Norway still does not fully comply with the European Economic Area (EEA) total feed ban. Inspections have shown that Norway allows production of ruminant feed in facilities not physically separate from facilities producing feed containing fish meal for non-ruminant species (e.g. swine and poultry), which is contrary to the EEA legislation. The Authority has therefore delivered a reasoned opinion to Norway concluding that it must change its practice with regard to the production of animal feed. 20124

Food Law Alert Page 12 of 25 03/01/2014

Miscellaneous - UK Agri-Tech Strategy

The Department for Business Innovation and Skills (BIS) published on 24 December 2013 a review of feedback to the published UK strategy for agricultural technologies.

This feedback highlights a number of differing views and the document serves as the basis for further industry engagement in the future. 20125

Technical Rules – Draft Notifications

The European Commission has published notifications of the following draft national rules as summarised below:

Country Subject Summary

Denmark Meat from domestic ungulates, poultry, farmed and wild game as well as fish and shellfish

Amendment to the Order on licensing and registration of food business operators, etc. (handling the retail sale of meat from domestic ungulates, poultry, farmed and wild game as well as fish and shellfish received from the end-consumer for processing before return to the end-consumer who supplied them)

Greece Foodstuffs of animal origin Enacts national rules on the production of products of animal origin by ‘small’ undertakings, the production of small quantities of dairy products by a livestock farm in order to sell them on the local market, lays down the framework of derogations from Annex II of Regulation (EC) No 852/2004 on foodstuffs with traditional characteristics and adapts the requirements laid down in Article 10(8) and Annex III, Part IX of Regulation (EC) No 853/2004.

Spain Wine products, spirits, wines, other agricultural or food products.

Establishes the principles of co-operation between public administrations within the scope of the PDO and PGI, whose territorial range extends to more than one Autonomous

Food Law Alert Page 13 of 25 03/01/2014

Community.

Spain Food Supplements To extend the list of vitamins and minerals, and the forms thereof at national level to include other substances that can be used in the production of food supplements.

20126 GENERAL FOOD LAW

Miscellaneous - Application of the Food Safety and Hygiene (England) Regulations 2013

The FSA wrote to Environmental Health Services on 13 December 2013 to notify that the Food Safety and Hygiene (England) Regulations 2013 will come into effect on 31 December 2013. These Regulations revoke and re-enact the Food Hygiene (England) Regulations 2006 and its amendments and certain provisions of the General Food Regulations 2004 as they apply in England. Enforcement action taken on and from 31 December 2013 will need to reference the new Regulations. The letter includes a table of offences. 20127

HEALTH & SAFETY

Miscellaneous - Prosecutions

The Health & Safety Executive (HSE) announced on 17 December 2013 that a bread manufacturer had been fined £14,000 and ordered to pay almost £10,000 in costs after an employee’s hand was trapped by moving blades on a dough-cutting machine. The employee suffered a fracture to her right index finger and multiple fractures to her thumb as well as soft tissue and nerve damage to her right hand when she put her hand close to the unguarded blades. The HSE announced on 20 December 2013 that a farming partnership had been fined more than £6,600 after a worker fell 4 metres from the roof of a cowshed that was being dismantled onto concrete below. The worker was airlifted to hospital with fractures to his right collarbone and several ribs, and a punctured right lung. 20128 HYGIENE

Biocides - Restriction of Authorisations for Products Containing Bromadiolone

Commission Implementing Decision 2013/774/EU of 17 December 2013 approving restrictions of authorisations of biocidal products containing bromadiolone notified by Germany in accordance with Directive 98/8/EC of the European Parliament and of the Council was published in the Official Journal of the EU, L343/42, 19/12/2013.

Food Law Alert Page 14 of 25 03/01/2014

This Decision permits Germany to restrict the authorisations granted for biocidal (rodenticide) products containing bromadiolone, in accordance with Article 4 of Directive 98/8/EC for the products mentioned, to use by trained or licensed professionals. 20129

Miscellaneous - EFSA Opinion on Evaluation of Molecular Typing Methods for Major Food-Borne Microbiological Hazards

EFSA's Panel on Biological Hazards (BIOHAZ) published on 17 December 2013 a Scientific Opinion on the evaluation of molecular typing methods for major food-borne microbiological hazards and their use for attribution modelling, outbreak investigation and scanning surveillance: Part 1 (evaluation of methods and applications). An evaluation of molecular typing methods that can be applied to the food-borne pathogens Salmonella, Campylobacter, Shiga toxin-producing Escherichia coli and Listeria monocytogenes is presented, divided into two parts. The results of these evaluations provide updated insights into the use and potential for use of molecular characterisation methods, including whole genome sequencing technologies, in microbial food safety. Recommendations are also made in order to encourage a holistic and structured approach to the use of molecular characterisation methods for food-borne pathogens; in particular, on the importance of structured co-ordination at international level to help overcome current limitations in harmonisation of data analysis and interpretation. 20130

Official Controls – FVO Mission Report Published

The European Commission has published the following mission report:

Country Date of Mission Purpose of Mission

Finland 10-20 June 2013 To evaluate the follow up action taken by the competent authorities with regard to official controls related to the safety of food of animal origin, in particular meat, milk and their products.

Spain 9-19 April 2013 To evaluate the follow up action taken by the competent authorities with regard to official controls related to slaughter and processing of fresh meat, in particular fresh ovine and equine meat.

20131

Products of Animal Origin - EFSA Opinion on Carbapenem Resistance in Food Animal Ecosystems

EFSA's Panel on Biological Hazards (BIOHAZ) published on 17 December 2013 a Scientific Opinion on Carbapenem resistance in food animal ecosystems. Carbapenems are broad-spectrum β-lactam antimicrobials used for the treatment of serious infections in humans. To date only sporadic studies have reported the occurrence of carbapenemase-producing (CP) bacteria in food-producing animals and their environment. The Panel highlighted that continued prohibition of the use of carbapenems in food-producing animals would be a simple and effective option and decreasing the frequency of use of antimicrobials in animal production in the EU in accordance with prudent use guidelines is of high priority. The effectiveness of any control measures should be monitored by targeted surveys and control measures should be proactively implemented at national and international levels to prevent CP strains becoming widespread in livestock. 20132

Food Law Alert Page 15 of 25 03/01/2014

Products of Animal Origin – FVO Mission Report Published

The European Commission has published the following mission report:

Country Date of Mission Purpose of Mission

Poland 11-21 June 2013 To evaluate the control systems in place over the production of mechanically separated meat.

20133 LABELLING

Miscellaneous - Optional Quality Term 'Product of Island Farming'

The Commission published on 16 December 2013 a report on the case for an optional quality term (OQT) 'product of island farming'. Under Article 32 of Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, the Commission was required to present a report to the European Parliament and Council, no later than 4 January 2014 accompanied if necessary by appropriate legislative proposals, on the case for such a new term. Various definitions of ‘island’ are discussed and it is concluded that, as regards labelling of island farm products, a precise definition of what the label is to convey is needed in order to decide on the definition of ‘island’ which is to apply. The report examines the socio-economics and specificities of island farming, reviews existing labelling schemes and provides a factual analysis to enable a debate on whether reserving a new ‘product of island farming’ OQT is the right way to help island producers better communicate the characteristics that add value to their products. The Commission invites the European Parliament and the Council to discuss the report and provide feedback. 20134

Miscellaneous - Consultation on Food with Added Phytosterols or Phytostanols (Labelling) (England) (Amendment) Regulations 2013

The FSA launched on 20 December 2013 a Consultation on the proposed Food with Added Phytosterols or Phytostanols (Labelling) (England) (Amendment) Regulations 2013. The proposed Regulations require all foods with added phytosterols or phytostanols to be labelled consistently, so that consumers who want to lower their cholesterol are fully informed about the appropriate use of these products. They will amend the Food with Added Phytosterols or Phytostanols (Labelling) (England) Regulations 2004, taking into account the provisions of Commission Regulation (EU) No. 718/2013 on Labelling of Foods with Added Phytosterols, Phytosterol Esters Phytostanols and/or Phytostanol Esters. The opportunity is also being taken to correct a typographical error in regulation 20 of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013. The deadline for responses to the consultation is 17 January 2014. 20135

Food Law Alert Page 16 of 25 03/01/2014

Miscellaneous - Country of Origin Labelling for Fresh, Chilled and Frozen Meat

Commission Implementing Regulation (EU) No 1337/2013 of 13 December 2013 laying down rules for the application of Regulation (EU) No 1169/2011 of the European Parliament and of the Council as regards the indication of the country of origin or place of provenance for fresh, chilled and frozen meat of swine, sheep, goats and poultry was published in the Official Journal of the EU, L335/19, 14/12/2013. This Implementing Regulation introduces mandatory origin labelling rules for fresh, chilled and frozen pork, lamb, goat and poultry meat. Under these rules, animals born, reared and slaughtered in the same Member State can be labelled “origin: member state/third country”. In other cases both the country where the animal was reared and the country of slaughter will need to be indicated on the label. A batch code identifying the meat supplied must also be provided. There is a derogation for minced meat which may be simply labelled as “EU”, “non-EU” or “reared and slaughtered in the EU and non-EU countries”. These rules do not apply to meat used in processed foods. The Regulation will apply from 1 April 2015 and the Commission is committed to issue guidelines on the implementation and enforcement of the new Regulation. 20136

Miscellaneous - Report on Country of Origin Labelling for Meat Used as an Ingredient

The Commission published on 17 December 2013 a report regarding the mandatory indication of the country of origin or place of provenance for meat used as an ingredient. The report is accompanied by a Commission Staff Working Document which provides detailed information on consumers’ attitudes, feasibility of possible scenarios and impacts to underpin the findings of the Commission report. Both the Commission report and the Working Document are mainly based on the results of an external study, commissioned by DG SANCO and completed in July 2013, by the Food Chain Evaluation Consortium. The report weighs up the need for the consumer to be informed and the feasibility of introducing mandatory origin labelling, and provides a cost/benefit analysis including the impact on the single market and international trade. The report assesses three scenarios: 1) maintain origin labelling on a voluntary basis; 2) introduce mandatory labelling on the basis of a) EU/non-EU or b) EU/ specific third country (e.g.: Brazil) indication and 3) introduce mandatory labelling indicating the specific EU Member State or the specific third country. The main findings reveal that:

Consumer interest in origin labelling for meat used as an ingredient appears to be considerably strong (90% of consumers);

There exists a considerable difference amongst EU Member States on consumer preferences and understanding of origin information as well as on the levels of motivation and reasons for wishing to have such information;

Consumer interest in origin labelling ranks behind price and quality in terms of most important factors affecting consumer choice. Strong consumer interest in origin labelling is not reflected in the consumer's willingness to pay the additional cost that would be incurred in providing that information. At price increases of less than 10%, the consumers' willingness to pay falls by 60-80%.

Food Law Alert Page 17 of 25 03/01/2014

The Commission is of the view that all possible scenarios present advantages and disadvantages that need to be widely discussed with the Council and the European Parliament. On the basis of these discussions, the Commission will consider what, if any, appropriate next steps should be taken. This may include, if appropriate, tabling a legislative proposal on the labelling of origin of meat used as an ingredient.

FoodDrinkEurope welcomed the Commission report, as a fair and balanced overview of the potential consequences of mandatory origin labelling. 20137

Miscellaneous - New Minced Meat Labelling Rules

Defra announced on 18 December 2013 that new Regulations applying to minced meat sold as such are to be introduced. The requirements, originating from the Food Information to Consumers Regulation (the ‘FIC’: 1169/2011) from 1 January 2014, will mean that minced meat can only be labelled “lean” if it has a fat content of 7% or less and a collagen content of 12% or less of the meat protein content. In addition, all minced meat must be labelled with the percentage of fat and collagen it contains. The rules will be introduced over the coming months in the UK to give businesses time to amend labels or the composition of their products. While UK businesses will have to follow the FIC rules on the fat and collagen content of meat labelled “lean”, they will have the option not to follow the fat and collagen content rules for the three other categories of minced meat, if they label the products with a national mark. 20138

Nutrition Labelling - Children's Reference Intakes Update

The Department of Health (DH) published on 19 December 2013 an update regarding children’s reference intakes (RIs). This outlines the work it undertook whilst deciding whether to develop additional children’s values. It then recommends three ways that companies should approach nutrition labelling for children’s products, in the context of its hybrid front of pack labelling approach:

use adults’ RIs with colour coding, and the descriptor that identifies these as adult RIs, as per the 2013 front of pack labelling scheme; or

do not declare adults’ RIs, and use colour coding only; or

do not provide front of pack information at all – for this limited number of products 20139

Protected Names - Amendment Application for Cornish Clotted Cream

Defra published on 16 December 2013 the amendment application, consultation letter and specification for Cornish Clotted Cream (PDO), under the EU Protected Food Names Scheme. An indication that comments/objections will be made are required to be sent to Defra no later than 13 January 2014, with final comments/objections due by 10 March 2014. 20140

Food Law Alert Page 18 of 25 03/01/2014

Protected Names - Application for Welsh Laverbread

Defra published on 17 December 2013 the specification for Welsh Laverbread (PDO) and announced that this has been submitted to the European Commission. If the Commission is satisfied that this application meets the criteria for registration then details will be published in the Official Journal of the European Communities to enable interested parties from outside the UK to comment on or object to that application. A period of six months is allowed for this process. 20141

Protected Names - New Applications, Registrations and Amendments

Information concerning the following applications, registrations and amendments of protected food names has been published in the Official Journal of the EU:

20142 NOVEL FOODS

GM Foods - Commission Decision on GM Potato Amflora Annulled

The European Commission published on 13 December 2013 the Judgement of the General Court of the EU in Case T-240/10, Hungary vs Commission, in relation to the decision regarding the placing on the market of the GM potato Amflora. The General Court annulled the decisions of the Commission concerning authorisation to place on the market the genetically modified potato Amflora. It based this judgement on the fact that the Commission infringed the procedural rules of the systems for authorising GMOs in the European Union. 20143

GM Foods - EFSA Opinion on PMEM Report on Cultivation of GM Maize MON 810

EFSA's Panel on Genetically Modified Organisms (GMO) published on 13 December 2013 a Scientific Opinion on the annual Post-Market Environmental Monitoring (PMEM) report on the cultivation of genetically modified maize MON 810 in 2011.

Name Notification Status Commodity Country

Liers vlaaike Registration PGI Cakes Belgium

Antep Baklavası/ Gaziantep Baklavası

Registration PGI Bakers Wares Turkey

Tomataki Santorinis Registration PDO Fruit & Vegetables

Greece

Yorkshire Wensleydale Registration PGI Cheeses United Kingdom

Liquirizia di Calabria Non-minor Amendments

PDO Other Products Italy

Noisette de Cervione/ Nuciola di Cervioni

Application PGI Nuts France

Food Law Alert Page 19 of 25 03/01/2014

The Panel considered the plan for insect-resistant management and addressed the comments raised on the previous recommendations for improving the methodology of the resistance monitoring of target pests. It also paid particular attention to the design and analysis of the farmer questionnaires. The Panel noted similar shortcomings in the overall methodology for the post-market environmental monitoring of maize MON 810 as in the previous monitoring reports. Hence, while the Panel reiterated its previous recommendations for the improvement of the methodology, it also clarified and elaborated on those related to the monitoring of resistance evolution in target pests. However, from the data submitted, the Panel did not identify adverse effects on the environment, human and animal health due to maize MON 810 cultivation during the 2011 growing season. The outcomes of the 2011 monitoring report do not invalidate the previous EFSA scientific opinions on maize MON 810. 20144

GM Foods - EFSA Statement on the Safety of Soybean Oil for Commercial Frying

EFSA's Panel on Genetically Modified Organisms (GMO) published on 17 December 2013 a Statement complementing the scientific opinion on application EFSA-GMO-NL-2010-78 to cover the safety of soybean MON 87705 oil for commercial frying. Exposure assessments based on total and partial substitutions of conventional soybean, rapeseed and sunflower oils with the soybean MON 87705 oil in foods (salad dressings, margarines and spreads, mayonnaise, crackers and salty snacks and soybean/rapeseed/sunflower oils processed foods) were provided. No distinction was made between commercial and domestic use, nor whether the oils were used in frying or not. Having assessed total replacement, the most conservative scenario arising from both domestic and commercial use of the oil, the Panel concluded that the use of soybean MON 80775 oil does not impact on human health and nutrition. The Panel recommended a post-market monitoring plan for the marketed foods and feed. 20145

GM Foods - EFSA Opinion on Application for GM Soybean 305423

EFSA's Panel on Genetically Modified Organisms (GMO) published on 18 December 2013 a Scientific Opinion on application EFSA-GMO-NL-2007-45 for the placing on the market of herbicide-tolerant, high-oleic acid, genetically modified soybean 305423 for food and feed uses, import and processing under Regulation (EC) No 1829/2003. The Panel considered that the information available for soybean 305423 addresses the scientific comments raised by the Member States and states that the soybean 305423, as described in the application, is as safe as its conventional counterpart with respect to potential effects on human and animal health and the environment in the context of the scope. The Panel also recommended a post-market monitoring plan, focusing on the collection of consumption data for the European population, for the marketed foods and feed. 20146

Miscellaneous - Commission Proposals for Animal Cloning & Novel Food

The European Commission announced on 18 December 2013 that it had adopted a proposal for a Directive on placing on the market of food from animal clones. The Commission proposal aims to prohibit the marketing of food from animal clones. The rules would concern only cloned animals and not their descendants. The proposal forms part of a package of legislative measures, including a proposal for a Directive prohibiting the use of the cloning technique in the EU for farm animals and the imports of these animal

Food Law Alert Page 20 of 25 03/01/2014

clones and a proposal for a Regulation on novel foods. The draft Regulation on novel food would replace the existing Novel Food Regulation with a view to improving access of new and innovative food to the EU market, while still maintaining a high level of consumer protection. The proposed Regulation creates a centralised authorisation system, which will allow greater certainty for applicants seeking authorisation for a novel food and will simplify and speed up the authorisation process. The European Commission has also published an FAQ on animal cloning and novel foods. 20147 ORGANIC FOODS

Miscellaneous - Organic Farming Review

The European Commission published on 16 December 2013 an organic farming review. This is further to its 2012 report on the application of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and the public consultation which took place early in 2013. The Commission is currently finalising the impact assessment report. The adoption of the relevant political and legislative proposals is foreseen for March 2014. 20148

Miscellaneous - Use of Non-Organic Aquaculture Juveniles and Seed of Bivalve Shellfish in Organic Aquaculture

Commission Implementing Regulation (EU) No 1364/2013 of 17 December 2013 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the use of non-organic aquaculture juveniles and non-organic seed of bivalve shellfish in organic aquaculture was published in the Official Journal of the EU, L343/29, 19/12/2013. This Regulation applied from 31 December 2013 and postpones the application of the 50% maximum percentage of non-organic aquaculture juveniles introduced to the farm, provided for in Article 25e(3), and the 50% maximum percentage of seed from non-organic bivalve shellfish hatcheries that may be introduced to the organic production units, provided for in the third subparagraph of Article 25o(1) of Regulation (EC) No 889/2008 by one year until 31 December 2014. 20149

Miscellaneous – FVO Mission Reports Published

The European Commission has published the following mission reports:

Country Date of Mission Purpose of Mission

Germany 10-21 June 2013 To evaluate the control system for organic production and labelling of organic products.

Romania 8-19 April 2013 To evaluate the control systems for organic production and labelling of organic products.

20150

Food Law Alert Page 21 of 25 03/01/2014

PESTICIDES

Miscellaneous - UK Efficacy Requirements for Molluscicide Pellet Products

The Chemicals Regulation Directorate (CRD) issued Regulatory Update 21/2013 on 18 December 2013 regarding the new methodology relating to pellet quality for existing molluscicide products. The Update covers Molluscicide products (professional and amateur) containing metaldehyde, methiocarb and ferrous phosphate. Following a consultation exercise earlier this year and comments received, CRD has made minor amendments to the new methodologies, which will be included in Efficacy Guideline 510 and are outlined in this Regulatory Update. The revised standards will apply to existing products as well as new ones. 20151

Plant Protection Products - EFSA Opinion on DNT Potential of Acetamiprid and Imidacloprid

EFSA's Panel on Plant Protection Products and their Residues (PPR) published on 17 December 2013 a Scientific Opinion on the developmental neurotoxicity (DNT) potential of acetamiprid and imidacloprid. The Panel concluded that both compounds may affect neuronal development and function, although several methodological limitations have been identified. Considering the available studies, important uncertainties still remain. The Panel considered that no reliable conclusion could be drawn as regards the ADI for acetamiprid. More conservative reference values are proposed based on the analysis of the existing toxicological data. However, the current ADI for imidacloprid is considered adequate to protect against its potential developmental neurotoxic effects. 20152

Plant Protection Products - Peer Reviews of Active Substances

EFSA has published the following peer reviews:

Active Substance Date of Publication Representative Use

Chromafenozide 13 December 2013 Insecticide on apples.

Fenpyroximate 13 December 2013 Acaricide and insecticide on grapes, apples, pears and beans

20153

Residues – EFSA Opinions on Modification of Existing MRLs

EFSA has published a Reasoned Opinion on the modification of the existing MRLs for the following substances in accordance with Article 6 of Regulation (EC) No. 396/2005:

Phosmet in citrus fruits, pome fruits and rapeseed 20154

Food Law Alert Page 22 of 25 03/01/2014

Residues - Amended MRLs

Commission Regulation (EU) No 1317/2013 of 16 December 2013 amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 2,4-D, beflubutamid, cyclanilide, diniconazole, florasulam, metolachlor and S-metolachlor, and milbemectin in or on certain products L339/1, 17/12/2013. The Regulation applies from 6 July 2014 and transitional measures are provided for. 20155 PRODUCTS

Fats and Oils - Marketing Standards for Olive Oil

Commission Implementing Regulation (EU) No 1335/2013 of 13 December 2013 amending Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil was published in the Official Journal of the EU, L335/14, 14/12/2013. This Regulation applies from 13 December 2014 and, for olive oil, requires specific storage conditions to be clearly indicated on the label, lays down rules on readability and the concentration of mandatory information within the main field of vision, and only permits the optional marking of the harvest year on the label when 100 % of the packaging contents come from that harvest. It also stipulates that the labelling of food products preserved exclusively in olive oil is no longer required to state the percentage of oil added in relation to the total net weight of the foodstuff. The Regulation also reinforces and harmonises the checks that Member States must carry out to ensure that the markings on the labels are correct as well as the corresponding penalties. Transitional measures are included. Products which comply with Implementing Regulation (EU) No 29/2012 and which have been manufactured and labelled in the Union or imported into the Union and put into free circulation before 13 December 2014 may be marketed until all stocks are used up. 20156

Fats and Oils - Method of Sampling of Olive Oil and Olive-Pomace Oil

Commission Implementing Regulation (EU) No 1348/2013 of 16 December 2013 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis was published in the Official Journal of the EU, L338/31, 17/12/2013. This Regulation applies from 1 March 2014 and updates the method of sampling of olive oil and olive-pomace oils, in the light of the developments relating to the procedures for the conformity checks of oils. 20157

Food Law Alert Page 23 of 25 03/01/2014

Foods for Particular Nutritional Uses - Consultation Responses on Draft Infant & Follow-on Formula (England)(Amendment) Regulations

The Department of Health wrote to Interested Parties on 23 December 2013, informing that a summary of responses to its consultation on the draft Infant Formula and Follow-on Formula (England) (Amendment) Regulations 2014 has been published. No objections were received on the draft Statutory Instrument or analysis of the costs and benefits. However, responses focused on:

the importance that any new goats’ milk-based formula milks are labelled and marketed in accordance with the legislation;

concerns that parents and carers might incorrectly believe that goats’ milk-based formula milks are suitable for infants diagnosed with an allergy to cows’ milk protein.

All responses will inform the revision of Government advice to parents/carers and healthcare professionals on the suitability of goats’ milks, which will include clear advice on allergy. In terms of next steps, the legislation will be laid before Parliament for scrutiny on 30 December and, subject to any objections from the Houses, will enter into force on 28 February 2014. For further information, please contact: regulatoryadvice@campdenbri.co.uk 20158

Food Supplements - Update on OxyElite Pro

The FSA wrote to Enforcement Officers on 17 December 2013 with an updated warning on two food supplements, OxyElite Pro and VERSA-1. OxyElite Pro has potentially been associated with cases of hepatitis in the US and both supplements contain the unapproved novel ingredient Aegeline. Local Authorities have been requested to take the necessary action against businesses selling either of these products in their areas and to remove any offending products from sale where possible. 20159

Fruit & Vegetables - Import of Citrus Fruits from South Africa

Commission Implementing Decision 2013/754/EU of 11 December 2013 on measures to prevent the introduction into and the spread within the Union of Guignardia citricarpa Kiely (all strains pathogenic to Citrus), as regards South Africa was published in the Official Journal of the EU, L334/44, 13/12/2013. This Decision only permits the introduction into the EU of the specified fruits originating in areas of South Africa other than those already recognised by the EU as being free from the specified organism, from areas recognised by South Africa as being free from that organism. The official phytosanitary certificate accompanying those specified fruits must indicate their origin in one of those areas. The measures set out in this Decision only apply to the specified fruits produced during the 2012/13 growing season. 20160

Food Law Alert Page 24 of 25 03/01/2014

Fruit & Vegetables - Minimum Conditions for Seed Potatoes

Commission Implementing Directive 2013/63/EU of 17 December 2013 amending Annexes I and II to Council Directive 2002/56/EC as regards minimum conditions to be satisfied by seed potatoes and lots of seed potatoes was published in the Official Journal of the EU, L341/52, 18/12/2013. The standard of United Nations Economic Commission for Europe (UNECE) concerning the marketing and commercial quality control of seed potatoes has been adapted in view of technical and scientific developments. Therefore, in line with this, the Directive updates certain minimum conditions and tolerances, as set out in Annexes I and II to Directive 2002/56/EC. It also adds restrictions concerning black scurf, powdery scab and seed potatoes which have become excessively dehydrated and shrivelled and updates the requirements relating to certain harmful organisms. Member States are required to apply the provisions of this Directive by 1 January 2016. 20161

Meat & Fish Products - Method of Sensory Testing for Seasoned Poultry Meat

Commission Implementing Regulation (EU) No 1362/2013 of 11 December 2013 laying down the methods for the sensory testing of uncooked seasoned poultry meat for the purposes of its classification in the Combined Nomenclature was published in the Official Journal of the EU, L343/9, 19/12/2013. This Regulation lays down the methods of sensory testing, including visual examination and tasting, to determine whether uncooked poultry meat has been seasoned, within the meaning of the combined nomenclature. 20162

Meat & Fish Products - Research Call for Microbial Evaluation of Poultry and Pork MSM

The FSA announced on 16 December 2013 that it was inviting tenders to carry out a microbial evaluation of poultry and pork mechanically separated meat (MSM) compared with fresh cuts of meat, meat preparations and minced meat products. This project will expand on work already carried out for the Agency and will involve microbial data collection to identify the types and abundance of microbes present in MSM. This will enable the factors affecting microbiological quality to be evaluated and should include a range of microorganisms, including Campylobacter and Salmonella. Samples will be tested at every stage of the production, chilling, freezing and storage process, enabling the identification of microbiological changes that occur during processing, which will affect final MSM safety. This process will be repeated for fresh cuts of meat, meat preparations and minced meat products so that a comparison with MSM can be achieved. The closing date for applications is 27 January 2014. 20163

Meat & Fish Products - Food Safety Requirements on Harvesting and Processing of Shellfish

The FSA wrote to enforcement officers on 20 December 2013 to remind them of the food safety requirements relating to the harvesting and processing of shellfish intended for sale for human consumption.

Food Law Alert Page 25 of 25 03/01/2014

This letter is in response to cases of illegal harvesting and widespread human illness due to the consumption of shellfish harvested in Britain. 20164

Meat & Fish Products - Turkey Butterflies from Unapproved Premises

The FSA announced on 23 December 2013 that turkey butterflies produced in an unapproved premises have entered the food chain. 18 tonnes of turkey butterflies, processed at premises in South Wales, were supplied to independent butchers and catering outlets throughout South and Mid Wales, and South West and South Central England. 8 tonnes have so far been retained and prevented from entering the food chain. There is no evidence at present of any specific risk to public health from consuming this product but the Agency is advising people not to consume the affected product. 20165

Seeds & Plants - Common Catalogue of Varieties of Agricultural Plant Species

The 32nd Complete Edition of the Common Catalogue of Varieties of Agricultural Plant Species was published in the Official Journal of the EU, C379A/1, 28/12/2013. 20166 WATER

Ground Water - Consultation on Water Abstraction Reforms

Defra announced on 17 December 2013 the launch of a Consultation on reforms to the abstraction licence system for water from rivers and groundwater. The proposals in the consultation include:

linking the amount of abstraction allowed more closely with how much water is available; and

making trading water much quicker and easier, giving licence holders a greater incentive to use their water responsibly. Licence holders include farmers and industry.

The deadline for responses to the consultation is 28 March 2014. 20167

Prepared and released by Campden BRI’s Regulatory Affairs Team

Campden BRI 2014

Tel: 01386 842210 Fax: 01386 842100

regulatoryadvice@campdenbri.co.uk

This is a data collection and communication service only. It is not intended to be a complete legal service covering the entire aspects of legislation. Campden BRI can help in identifying relevant documents on food law, but interpretation is a commercial decision.

Only European Community legislation printed in the paper edition of the Official Journal of the European Union is deemed authentic'

Items from Eurlex - http://eur-lex.europa.eu, © European Communities, 1998-2013 Contains public sector information licensed under the Open Government Licence v2.0