Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - EU - 2018

Commission Consultation, 25 June 2018

HYGIENE - Commission Draft Regulation: Amending Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs as regards certain methods, the food safety criterion for Listeria monocytogenes in sprouted seeds and the process hygiene criterion and food safety criterion

The Commission has published a proposal to amend Regulation 2073/2005 on microbiological criteria. The consultation includes a draft proposal and a draft Annex - see links below. The consultation closes on the 23rd July 2018.

The following are the introductory recitals from the draft Regulation:

(1) Commission Regulation (EC) No 2073/20052 lays down the microbiological criteria for certain micro-organisms and the implementing rules to be complied with by food business operators in respect of the general and specific hygiene requirements referred to in Article 4 of Regulation (EC) No 852/2004.

(2) In 2017 the European Committee for Standardization and the International Organization for Standardization revised a number of reference methods and a protocol to verify compliance with microbiological criteria Regulation (EC) No 2073/2005 therefore needs to be updated accordingly. The update should concern in particular the requirements for the use of alternative methods in light of the revised reference standard protocol EN ISO 16140-2, the way results are reported in accordance with the new revised methods and the new references of certain methods for the detection of Salmonella (EN ISO 6579-1), of Cronobacter (EN ISO 22964) and of staphylococcal enterotoxin (EN ISO 19020), for the detection and the quantification of histamine (EN ISO 19343), for the enumeration of aerobic colony count (EN ISO 4833-1 and -2) and for the colony-count method for Enterobacteriaceae (EN ISO 21528).

(3) The micro-organism Enterobacter sakazakii was reclassified in 2007 and was named Cronobacter spp..

(4) The full names of the two Salmonella serotypes are "Salmonella enterica subsp. enterica serotype Typhimurium" and "Salmonella enterica subsp. enterica serotype Enteritidis". In accordance with the recommendations of the World HealthOrganization Collaborating Centre for Reference and Research on Salmonella3, Regulation (EC) No 2073/2005 should refer to those serotypes in the same way.

(5) Regulation (EC) No 2073/2005 sets a food safety criterion for "Listeria monocytogenes in ready-to-eat foods unable to support the growth of Listeria monocytogenes, other than those intended for infants and for special medical purposes". In accordance with an opinion of the European Food Safety Authority of 15 November 20114, sprouted seeds support the growth of Listeria monocytogenes and should therefore be covered by the criterion for ready-to-eat foods able to support the growth of Listeria monocytogenes, other than those intended for infants and for special medical purposes.

(6) Annex I to Regulation (EC) No 2073/2005 sets a food safety criterion for Salmonella and a process hygiene criterion for E. coli for unpasteurised fruit and vegetable juices (ready- to-eat). Given that alternative processes to pasteurisation exist, which achieve a similar bactericidal effect, the food safety criterion for Salmonella and a process hygiene criterion for E. coli for unpasteurised fruit and vegetable juices (ready-to-eat) should not apply to fruit and vegetable juices (ready-to-eat) that have been subject to bactericidal process with a similar effect to pasteurisation on E. coli and Salmonella.

(7) It is appropriate to transitionally allow current alternative methods to be further applied in order to give sufficient time to food business operators to adapt their methods, as some certificates of alternative methods based on the previous standard ISO 16140:2003 may still be valid until end of 2021.

(8) Regulation (EC) No 2073/2005 should therefore be amended accordingly.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed.

Commission Draft Regulation: Amending Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs as regards certain methods, the food safety criterion for Listeria monocytogenes in sprouted seeds and the process hygiene criterion and food safety criterion

For a copy of the draft regulation text, click on the image. For a copy of the draft Annex, click here


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