Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
|
|
FSA Letter (IMPEN20044), 5 November 2020
Summary:
Contamination by ethylene oxide in sesame seeds from India. Capacity of laboratories to undertake tests and actions undertaken during the transition period.
Letter
This is further to our email of 26 October about the publication of Regulation 2020/1540 and the letter of November 4 concerning the withdrawl of batches of potentially contaminated sesame seeds.
Article 2 of Regulation 2020/1540 contains a transitional requirement exempting products that have left India before the date it came into force. I would advise that during this period consignments should be detained and tested, as there is suspicion of a serious risk to health. As you know, costs can be passed on to the FBO where analysis finds non-complaince. However, we cannot risk the possibility of more contaminated seed getting into the food chain now that we know of the potential problem.
Subsequent to publishing the Regulation, the Commission have clarified certain issues involving product certification and the analytical capacity of laboratories.
With this amendment, in accordance with Article 11(1) of Regulation 2019/1793, each consignment of food and feed listed in Annex II shall be accompanied by an official certificate in accordance with the model set out in Annex IV. Consignments of sesame seeds from India now need to be accompanied by a certificate providing a guarantee by the exporting country (India) that the consignment has been tested for pesticide residues, including ethylene oxide.
However, the Regulation currently requires the certificate for a consignment of sesame seeds from India contain a guarantee regarding testing for Salmonella. In response to the legal question whether the formulation of the certificate, which refers to the possible guarantees as to be chosen “either” “or”, prevents the third country from issuing one certificate containing two different guarantees, the Commission have clarified that the certificate can be interpreted as not preventing such possibility. This interpretation is based on the wording of the certificate, the specific notes and the general notes for completion of the certificate. Importers can therefore make a commercial decision on whether to import with a consolidated certificate, or with two separate ones. The Commission do not propose amending the certificate at present, but an express clarification allowing for the choice of more than one guarantee in the certificate in Annex IV will be introduced into the ongoing regular review of the Regulation.
After carrying out a review of laboratory capacity, the Commission has found that there are a limited number of laboratories in the EU that currently have methods in place to analyse for ethylene oxide related compounds. The Commission is currently working closely with the laboratory networks in the EU and EEA countries with the aim to increase capacity. The EU Reference Laboratory will assist in method development, validation and will provide a proficiency test to ensure the quality of the analyses.
The EURL-SRM has now prepared a comprehensive list of labs available to NRLs that are capable of performing analyses of ethylene oxide: https://cloud.landbw.de/index.php/s/MJtaH2eQNKYHibw. As you will see, none of these laboratories are in the UK. We would advise therefore that you liaise with the public analyst laboratory at PASS (Public Analyst Scientific Services).
For previous FSA letter on this topic, see: 4 November 2020 CONTAMINANTS - FSA Letter: Action required related to non-approved Ethylene Oxide in sesame seeds and products containing sesame seeds.
