Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Comission consultation, 21 June 2019
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Commission consultation: Food safety – limits on chemicals in traditionally smoked meat and fish (PAHs) A copy of this consultation document is available on this site (click on image). A draft Annex is also available - see: Smoked Fish - Draft Annex. For more details, see the Commission page at: https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2019-3884312_en. Consultation closes: 19 July 2019. |
The following are the recitals from the draft regulation:
Commission Regulation (EC) No 1881/2006 [see note below] sets maximum levels for polycyclic aromatic hydrocarbons (PAHs) in food, including smoked meat and meat products and smoked fish and fishery products.
According to that Regulation, maximum levels for PAHs should be set at a level which is as low as reasonably achievable (ALARA) based upon good manufacturing and agricultural/fishery practices. In 2011, data for smoked fish and smoked meat showed that lower maximum levels were achievable. Nevertheless, adaptations of smoking technology were necessary in some cases. Therefore, for smoked meat and meat products and smoked fish and fishery products a transition period of three years was granted before the lower maximum levels became applicable from 1 September 2014.
However, despite of the application of good smoking practices [it was established in 2014 that the lower levels for PAHs were unachievable in Ireland, Spain, Croatia, Cyprus, Latvia, Poland, Portugal, Romania, Slovak Republic, Finland, Sweden and the United Kingdom for certain cases of traditionally smoked meat and meat products and in Ireland, Latvia, Romania, Finland, Sweden and the United Kingdom for certain cases of traditionally smoked fish and smoked fishery products. In those cases, the adaptations of smoking practices to comply with the lower maximum PAH levels could not be achieved without changing significantly the organoleptic characteristics of the food.
Based on the above considerations, and pursuant to Article 7 (6) and (7) of Regulation (EC) No 1881/2006, a temporary derogation from the application of the lower maximum levels for PAHs as of 1 September 2014 was granted to the Member States concerned for the placing on their market of traditionally smoked meat and meat products and/or fish and fishery products, smoked in their territory and intended for consumption in their territory. The maximum levels applicable before 1 September 2014 continued to apply to those smoked products. The derogation covered generally all meat and meat products and/or fish and fishery products, without indication of the specific names of foodstuffs.
In accordance with Article 7 (6) and (7) of Regulation (EC) No 1881/2006, the respective Member States have continued to monitor the presence of PAHs in those products and have established programmes to implement good smoking practices where possible. The situation was also reassessed in 2018 on the basis of detailed information provided by the Member States concerned including monitoring data on the presence of PAHs in traditionally smoked meat and smoked meat products and smoked fish and smoked fish products and information on the implementation of good smoking practices and changes in organoleptic characteristics. Following a detailed assessment of the provided information, it was concluded that the lower PAH levels were not achievable by changing smoking practices within the limits of what is economically feasible and possible without losing typical organoleptic characteristics in certain traditionally smoked meat and smoked meat products in Croatia, Cyprus, Portugal, Ireland, Poland, Spain, Latvia, Finland, Slovak Republic and Sweden and in certain traditionally smoked fish and smoked fishery products in Latvia, Finland and Sweden. Therefore a derogation for local production and consumption should be granted without a time limit for certain traditionally smoked meat and meat products, fish and fishery products in these Member States concerned.
Furthermore, certain powders of food of plant origin, used for the preparation of beverages, have been found to contain high levels of PAHs due to inappropriate drying practices applied to those powders. Given that PAHs are genotoxic carcinogens, it is therefore necessary to establish a maximum level for PAHs in those powders, achievable by applying good drying practices, with the aim to ensure a high level of human health protection.
Regulation (EC) No 1881/2006 should therefore be amended accordingly.
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed.
Note:
Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).
