Tag Archives: Food inspection

Marketing of feed

Marketing of feed

Outline of the Community (European Union) legislation about Marketing of feed

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal nutrition

Marketing of feed

Document or Iniciative

Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC.

Summary

This Regulation lays down rules on the placing on the market and use of feed for food-producing animals or pets. It also lays down labelling, packaging and presentation requirements.

Feed

This Regulation covers feed, i.e. any substance or product, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals.

It applies without prejudice to provisions in the field of animal nutrition concerning:

  • medicated feedingstuffs;
  • undesirable substances;
  • transmissible spongiform encephalopathies;
  • animal by-products not intended for human consumption;
  • genetically modified food and feed;
  • the traceability and labelling of genetically modified organisms (GMOs);
  • additives; and
  • the production and labelling of organic products.

Marketing and use

Animal feed shall comply with safety and marketing requirements. In particular, it shall:

  • be safe;
  • not have a direct adverse effect on the environment or animal welfare;
  • be sound, genuine, unadulterated, fit for purpose and of merchantable quality;
  • be labelled, packaged and presented in accordance with the applicable legislation; and
  • comply with the technical provisions on impurities and other chemical determinants (see Annex I to the Regulation).

Feed shall not contain materials whose placing on the market or use is restricted or prohibited (see Annex III to the Regulation).

The traceability of feed shall be guaranteed at all stages of production, processing and distribution. Feed business operators must therefore be capable of identifying any person who has provided them with feed, a food-producing animal or any substance intended or likely to be incorporated into feed.

Feed which is or is likely to be placed on the market in the European Community shall be labelled or identified appropriately in order to facilitate its traceability.

If the feed business operator considers that a feed does not meet the feed safety requirements, it shall immediately initiate the procedures for withdrawing the feed in question from the market. It shall then inform the competent authorities and users without delay.

Labelling and presentation

This Regulation establishes general provisions for the labelling and presentation of all feed, such as the obligation to indicate:

  • the type of feed;
  • the name and address of the operator;
  • the batch or lot reference number;
  • the net weight;
  • the list of additives used; and
  • the moisture content.

The labelling and presentation of feed must not mislead the user concerning the intended use or characteristics of the feed. The mandatory labelling particulars shall be clearly visible on the packaging, the container, on a label attached thereto or on the document accompanying the feed. The particulars shall be clearly legible and indelible. They shall be given in at least one of the official languages of the Member State or region in which the feed is marketed.

Specific labelling requirements are laid down for feed materials, compound feed and “dietetic” feed. All claims relating to feed must be duly justified.

The labelling of pet food shall include a telephone number for customers wishing to know more about the ingredients used.

Packaging

Feed materials and compound feed shall be placed on the market in sealed packages and containers.

However, certain feed may be placed on the market in bulk or in unsealed packages or containers. This derogation concerns:

  • feed materials;
  • mixtures of grain and whole fruit;
  • deliveries between producers of compound feed;
  • compound feed delivered by the producer to the user or packaging firms;
  • quantities of compound feed not exceeding 50 kilograms in weight which are intended for the final user and are taken directly from a sealed package or container; and
  • blocks or licks.

Community Catalogue of feed materials

The Community Catalogue of feed materials is intended to improve the labelling of feed materials and compound feed. For each material listed, it includes the following particulars:

  • the name;
  • the identification number;
  • a description (including information on the manufacturing process); and
  • a glossary of definitions.

Community Codes of good labelling practice

Stakeholders are also encouraged to create Community Codes of exemplary practice in the context of optional labelling: one for pet food and one for compound feed for food-producing animals.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 767/2009

21.9.2009

OJ L 229 of 1.9.2009

Subsequent amendments and corrections to Regulation (EC) No 767/2009 have been incorporated in the basic text. This consolidated versionhas a purely documentary value”.

DEROGATION FROM THE ACT

Regulation (EU) No 454/2010 [Official Journal L 128 du 27.5.2010].
Feed intended for pet animals which is labelled in accordance with Directive 79/373/EEC and Article 16 of Directive 70/524/EEC may be placed on the market until 31 August 2011.

Related Acts

Commission Regulation (EU) No 242/2010 of 19 March 2010 creating the Catalogue of feed materials [Official Journal L 77 of 24.3.2010].

Food hygiene

Food hygiene

Outline of the Community (European Union) legislation about Food hygiene

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Veterinary checks animal health rules food hygiene

Food hygiene

Document or Iniciative

Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs [See amending act(s)].

Summary

This Regulation replaces Directive 93/43/EEC on the hygiene of foodstuffs *, with a view to establishing a comprehensive and integrated policy covering all food from the farm to the point of sale to the consumer.

Scope

This Regulation seeks to ensure the hygiene of foodstuffs at all stages of the production process, from primary production * up to and including sale to the final consumer. It does not cover issues relating to nutrition or to the composition or quality of foodstuffs.

This Regulation applies to food businesses but not to the primary production of food for private domestic use or the domestic preparation of foodstuffs for private consumption.

General and specific provisions

All food business operators shall ensure that all stages for which they are responsible, from primary production up to and including the offering for sale or supply of foodstuffs to the final consumer, are carried out in a hygienic way in accordance with this Regulation.

Food business operators carrying out primary production and certain associated activities shall comply with the general hygiene provisions of part A of Annex I. Derogations may be granted for small businesses, provided that they do not compromise achievement of the Regulation’s objectives.

These associated activities are:

  • the transport, handling and storage of primary products at the place of production, where their nature has not been substantially altered;
  • the transport of live animals, where this is necessary;
  • transport, from the place of production to an establishment, of products of plant origin, fishery products and wild game, where their nature has not been substantially altered.

In addition, food business operators carrying out activities other than primary production shall comply with the general hygiene provisions of Annex II.
This Annex sets out the hygiene requirements for:

  • food premises, including outside areas and sites;
  • transport conditions;
  • equipment;
  • food waste;
  • water supply;
  • personal hygiene of persons in contact with food;
  • food;
  • wrapping and packaging;
  • heat treatment, which may be used to process certain foodstuffs;
  • training of food workers.

Member States may adapt the requirements laid down in Annex II to accommodate the needs of food businesses situated in regions suffering from special geographical constraints or affected by supply difficulties which are serving the local market, or to take account of traditional methods of production and the size of farms. The objectives of food safety * shall not however be compromised.

In addition, all food business operators shall comply with the provisions of Regulation (EC) No 853/2004 on specific hygiene rules for food of animal origin and, where appropriate, certain specific rules concerning microbiological criteria for foodstuffs, temperature control and compliance with the cold chain, sampling and analysis.

The HACCP system

Food business operators (other than at the level of primary production) shall apply the principles of the system of hazard analysis and critical control points (HACCP) introduced by the Codex Alimentarius (code of international food standards drawn up by the United Nations Food and Agriculture Organisation).

These principles prescribe a certain number of requirements to be met throughout the cycle of production, processing and distribution in order to permit, via hazard analysis, identification of the critical points which need to be kept under control in order to guarantee food safety:

  • identify any hazards that must be prevented, eliminated or reduced to acceptable levels;
  • identify the critical control points at the step or steps at which control is essential;
  • establish critical limits beyond which intervention is necessary;
  • establish and implement effective monitoring procedures at critical control points;
  • establish corrective actions when monitoring indicates that a critical control point is not under control;
  • implement own-check procedures to verify whether the measures adopted are working effectively;
  • keep records to demonstrate the effective application of these measures and to facilitate official controls by the competent authority.

Guides to good practice and guides to the application of HACCP

Member States shall encourage the development of national guides to good practice by food business operators, which shall include guidance on compliance with the general rules of hygiene and the HACCP principles. Member States shall assess such national guides to ensure that their contents are practicable, that they have been developed having regard to the general principles of food hygiene of the Codex Alimentarius and that all interested parties have been consulted. Those national guides deemed to comply with these requirements shall be forwarded to the Commission.

Where a Member State or the Commission considers that there is a need for uniform Community guides, the Commission shall consider the case for such guides. The Standing Committees set up to assist the Commission shall ensure that the contents of these guides are practicable, that they have been developed having regard to the general principles of food hygiene of the Codex Alimentarius and of national guides, and that all interested parties have been consulted.

Food business operators may refer to national guides or Community guides equally.

Registration or approval of food businesses

Food businesses operators shall cooperate with the competent authorities and in particular ensure that all establishments under their control are registered with the appropriate authority and keep this authority informed of any changes (e.g. closure of the establishment).

Where required by national or Community legislation, businesses in the food sector must be approved by the competent authority and shall not operate without such approval.

Traceability and withdrawal of food products

In accordance with Regulation (EC) No 178/2002, food business operators shall set up traceability systems and procedures for ingredients, foodstuffs and, where appropriate, animals used for food production.

Similarly, where a food business operator identifies that a foodstuff presents a serious risk to health it shall immediately withdraw that foodstuff from the market and inform users and the competent authority.

Official controls

The application of HACCP principles by food business operators shall not replace the official controls carried out by the competent authority. Operators are required to collaborate with the competent authorities in accordance with Community legislation or, where none exists, national legislation.

External dimension

Foodstuffs imported into the Community shall comply with the Community hygiene standards or with equivalent standards.

Foodstuffs of animal origin exported out of the Community shall at least comply with the requirements that would apply if they were marketed within the Community, as well as to any requirements that may be imposed by the importing country.

Report to the Council and Parliament

The Commission shall submit a report to the European Parliament and the Council, where appropriate with any relevant proposals, within five years of this Regulation entering into force, reviewing the experience gained from implementing this Regulation and determining whether it is appropriate to apply HACCP principles to food business operators carrying out primary production activities and the associated activities described above.

BACKGROUND

This Regulation forms part of the “hygiene package”, a body of law laying down hygiene rules for foodstuffs, which, in addition to this Regulation, includes the following acts:

  • Regulation (EC) No 853/2004 laying down specific hygiene rules for food of animal origin in order to guarantee a high level of food safety and public health;
  • Regulation (EC) No 854/2004 putting in place a Community framework for official controls on products of animal origin intended for human consumption and laying down specific rules for fresh meat, bivalve molluscs, milk and milk products.

The following acts supplement Community legislation on food hygiene:

  • Regulation (EC) No 178/2002 laying down the general principles of food law. This Regulation explains the food safety procedures and establishes the European Food Safety Authority;
  • Regulation (EC) No 882/2004 reorganising official controls on foodstuffs and feedingstuffs so as to integrate controls at all stages of production and in all sectors;
  • Directive 2002/99/EC laying down the conditions for placing products of animal origin on the market and the restrictions applicable to products from non-EU countries or regions of non-EU countries subject to animal health restrictions.
Key terms of the Act
  • Food hygiene: the measures and conditions necessary to control hazards and ensure fitness for human consumption of a foodstuff;
  • Primary production: the production, rearing or growing of primary products up to and including harvesting, hunting, fishing, milking and all stages of animal production prior to slaughter;
  • Food safety: the assurance that food will not cause adverse health effects to the final consumer when it is prepared and eaten.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 852/2004

20.5.2004

OJ L 139 of 30.04.2004

Amending act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 219/2009

20.4.2009

OJ L 87 of 31.3.2009

The successive amendments and corrections to Regulation (EC) No 852/2004 have been incorporated into the original text. This consolidated versionis of documentary value only.

Related Acts

Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs [Official Journal L 338 of 22.12.2005].
See consolidated version

Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 [Official Journal L 338 of 22.12.2005].

See consolidated version

Report from the Commission to the Council and the European Parliament on the experience gained from the application of the hygiene Regulations (EC) No 852/2004, (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 on they hygiene of foodstuffs [COM(2009) 403 final – Not published in the Official Journal].
The Commission reviews the experience gained from the application of the aforementioned regulations. It presents the progress achieved and the difficulties encountered by all the interested actors in the implementation of the 2006 – 2008 hygiene package. It concludes that overall Member States have taken the necessary administrative and control steps to ensure compliance, but that there is still room for improvement in relation to implementation. The main difficulties identified are in relation to:

  • certain exemptions from the scope of the hygiene Regulations;
  • certain definitions laid down in these Regulations;
  • certain practical aspects concerning the approval of establishments handling foods of animal origin and the marking of such foods;
  • the import regime for certain foods;
  • the implementation of HACCP-based procedures in certain food businesses; and
  • the implementation of official controls in certain sectors.

This report does not suggest any detailed solutions. However, on the basis of the difficulties identified, the Commission will consider the need for any proposals to improve the food hygiene package.

Arrangements for agricultural imports following Chernobyl

Arrangements for agricultural imports following Chernobyl

Outline of the Community (European Union) legislation about Arrangements for agricultural imports following Chernobyl

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Contamination and environmental factors

Arrangements for agricultural imports following Chernobyl

Document or Iniciative

Council Regulation (EC) No 733/2008 of 15 July 2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station [See amending act(s)].

Summary

This Regulation shall apply to agricultural products from third countries covered by:

  • Annex I to the Treaty on the Functioning of the European Union ;
  • Regulation (EC) No 1667/2006 on glucose and lactose;
  • Regulation (EC) No 614/2009 on ovalbumin and lactalbumin;
  • Regulation (EC) No 1216/2009 applicable to certain goods resulting from the processing of agricultural products.

This Regulation lays down the maximum permitted radioactive contamination levels to be complied with in order for agricultural products from third countries to be offered for sale on the European Union (EU) market. The accumulated maximum radioactive level in terms of caesium-134 and -137 shall be 600 Bq/kg. For milk and foodstuffs intended for infants, the maximum radioactive level shall be much lower, namely 370 Bq/kg. The level applicable to concentrated or dried products shall be calculated on the basis of the reconstituted product as ready for consumption.

Member States shall check compliance with these maximum permitted levels, taking into account contamination levels in the country of origin. Depending on the results of the checks carried out, Member States shall take the necessary measures and inform the Commission without delay. In cases of repeated non-compliance with the maximum permitted levels, these measures may take the form of a prohibition of the import of products originating in the third country concerned.

References

Act Entry into force – expiry date Deadline for transposition in the Member States Official Journal

Regulation (EC) No 733/2008

19.8.2008 – 31.3.2020

OJ L 201 of 30.7.2008

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1048/2009

7.11.2009

OJ L 290 of 6.11.2009

Successive amendments and corrections to Regulation (EC) No 733/2008 have been incorporated into the basic text. This consolidated versionis for information only.