Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
|
|
FSA Enforcement Letter (ENF/E/17/044), 10 July 2017
The Food Standards Agency has been made aware that some non-compliant imports of composite and compound products containing Products of Animal Origin (POAO) ingredients are being placed on the market from countries without an approved residue plan for that product. Where these products are identified we are asking Local Authority Officials to take enforcement action.
Action required
Background Directive 96/23 requires Member States to ensure that non-compliant product is not placed on the market. The Food Standards Agency is aware that some composite and compound products containing Products of Animal Origin (POAO), from countries without an approved residue plan for that POAO are being placed on the market in the United Kingdom.
Action
POAO, including those used as an ingredient [but note: There is an exception for wild caught fish, finished gelatine and finished collagen which do not require an EU approved residues plan], must come from a country that has an approved residue plan for that product. The requirement for approved residue plans applies to any POAO, no matter the volume/percentage contained in the finished product. The Food Standards Agency requests that where an Authorised Official identifies a non-compliant product they take enforcement action and provide advice to the importer to enable the business to reformulate their product. Please note that if foodstuffs are made in one country using POAO ingredients from another which has an approved residue plan (and the Food Business Operator/person responsible for the product can provide evidence to support this claim when requested), this would be acceptable.
Enforcement
Where a product has been identified as non-compliant authorised officials should use their powers under regulations 31 and 32 of the domestic Official Feed and Food Controls (England) Regulations 2009 to take action(s) provided for under Articles 18 to 21 of Regulation (EC) 882/2004.
