Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - EU - 2019

Commission Press Notice, 12 December 2019

OFFCIAL CONTROLS – Questions and Answers: Official controls: Stronger rules along the agri-food chain in the EU

Commission Questions and Answers: Official controls: Stronger rules along the agri-food chain in the EU

A copy of the full Q and A is available on this site (click on image)

Harmonised EU rules have been established to prevent, eliminate or reduce the level of risk to humans, animals and plants, along the agri-food chain. Official controls, undertaken by competent authorities in each Member State, serve to check whether these rules are correctly implemented.

Businesses and authorities benefit from reduced administrative burdens, more efficient processes and strengthened controls. Consumers benefit from more transparency on how controls are carried out to ensure food safety and high standards for plant health, animal health and welfare. Their economic interests are protected through reinforced rules to prevent fraud.

What are official controls and why do we need them?

Official controls consist of checks performed by the competent authorities in EU (and EFTA) countries to verify that businesses comply with agri-food chain rules.

These rules cover the safety and quality of food and feed, and also plant health, animal health and animal welfare. Apart from animals, plants and goods on the EU market, they also apply to animals and agri-food chain products entering the EU from third countries and being exported to third countries.

The Official Controls Regulation (OCR) provides a basis for comprehensive risk-based controls along the agri-food chain. This allows the authorities to better target their controls and to put their resources where they are most needed. In particular, a more integrated IT system will allow control authorities to track problematic trade practices in a more efficient manner.

What do the new rules change?

Among the main novelties are an extended scope to also cover plants, an increased transparency, reinforced tools to fight against food fraud, and an integrated system of border controls of animals, plants, food and feed.”Is the risk-based approach maintained?

Yes.

Operators at all stages of production, processing and distribution that handle animals, plants, food, feed, as well as certain goods, substances, materials or equipment are governed by the new rules. Controls will be performed without prior notice, unless this is necessary and duly justified.

The frequency of controls will be linked to risks that a product or process presents with respect to fraud, health, safety, animal welfare or in certain cases the environment. Factors included in the assessment of the risk are, for example, the operator's past record of compliance or the likelihood that consumers are misled about the properties, quality, composition or country of provenance of the food.

One important novelty is the obligation for Member States to protect whistle-blowers providing information on non-compliance to the competent authorities.

For further questions and answers, see the pdf file provided above.


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