Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - EU - 2020

Commission Notice in Official Journal, 12 June 2020

HYGIENE - Commission Notice providing guidance on food safety management systems for food retail activities, including food donations

Commission Notice providing guidance on food safety management systems for food retail activities, including food donations

This Notice has been published in the Offical Journal (OJ C199, 12.6.2020, page 1) and can be accessed from the Official Journal site (click on image). Note that the Notice is 57 pages long.

The following is the introduction from the Notice:

1. INTRODUCTION

In accordance with Article 4 of Regulation (EC) No 852/2004 of the European Parliament and of the Council, all food business operators (FBOs) shall comply with the general hygiene requirements laid down in the Annexes I (primary production and associated operations) or II (other FBOs) of the Regulation. In addition, Article 5 provides that FBOs, other than primary producers, must put in place, implement and maintain a permanent procedure or procedures based on the Hazard Analysis and Critical Control Points (HACCP) principles.

The general hygiene requirements, together with specific hygiene requirements laid down in Annex III of Regulation (EC) No 853/2004 of the European Parliament and of the Council are considered as prerequisite programmes (PRPs), which, together with the procedures based on the HACCP principles, must result in an integrated Food Safety Management System (FSMS) for each food business as explained in the ‘Commission Notice on the implementation of food safety management systems covering prerequisite programs (PRPs) and procedures based on the HACCP principles, including the facilitation/flexibility on the implementation in certain food businesses’, adopted in 2016 (‘the 2016 Commission Notice’).

The procedures based on the HACCP principles must consist of identifying any hazards that must be prevented, eliminated or reduced to acceptable levels as part of the hazard analysis, being the first of HACCP principle in accordance with Article 5(2)(a) of Regulation (EC) No 852/2004. The need for additional steps in the procedures based on the HACCP principles (points (b) to (g) of Article 5(2)) depends on the outcome of the hazard analysis, e.g. if the hazard analysis indicates the need to identify critical control points (CCPs). Recital 15 of Regulation (EC) No 852/2004 recognises that, in certain food businesses, it is not possible to identify CCPs and that, in some cases, good hygiene practices (the general and specific hygiene requirements referred to above) can replace the monitoring of CCPs.

Recital 15 of Regulation (EC) No 852/2004 explicitly refers to the need of this flexibility in case of small businesses. In accordance with Article 5(4)(a) the nature and size of the food business must be taken into account when verifying compliance with the procedures based on the HACCP principles.

The former Food and Veterinary Office (FVO) of the Commission’s Health and Food Safety Directorate-General carried out a desk study, fact-finding missions and consultations of Member States and private stakeholders’ organisations on a state of play of the implementation of HACCP in the EU and areas for improvement. Based on this exercise, the FVO published in 2015 an ‘Overview Report on the State of Implementation of HACCP in the EU and Areas for Improvement’ (‘the 2015 FVO Report’). The 2015 FVO Report recommends to extend guidance on FSMS and provides several suggestions for improvement, including guidance on hazard analysis and setting of CCPs. The 2016 Commission Notice addresses the recommendations in the FVO report but is not activity-specific.

Food retailers (e.g. restaurants, butchers, bakeries, caterers, groceries, pubs, etc.) are often small businesses, lacking the scientific knowledge and resources to carry out hazard analysis as part of their obligation to apply an FSMS.

Food donation often occurs at retail level and the consideration and possible identification of additional hazards due to this activity must be included in the hazard analysis. Facilitating food donation is a priority under the Circular Economy Action Plan of the Commission as a means of preventing food waste and promoting food security, in line with the United Nations Sustainable Development Goals. This objective may in some instances be challenging from a food safety point of view given the involvement of additional actors (e.g. food banks and other charity organisations) and given that food which is redistributed may be approaching the end of its shelf-life when considered for food donation.

In order to provide support to retailers for their hazard analysis, the Commission first requested the European Food Safety Authority (EFSA) to provide recommendations on hazard analysis approaches for retail establishments. EFSA adopted two Opinions. In 2017, it adopted an Opinion on ‘Hazard analysis approaches for certain small retail establishments in view of the application of their food safety management systems’ focussing on butcher shops, groceries, bakeries, fish shops and ice cream shops. In 2018, EFSA adopted a ‘Second scientific opinion on hazard analysis approaches for certain small retail establishments and food’ focussing on distribution centres, supermarkets and restaurants (including pubs and catering) and addressing, within the hazard analysis, potential additional hazards in case of food donations at retail level.


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