Issue No. 53
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April 2010

IN THIS ISSUE:


Codex Committee on Contaminants in Foods · Izmir (Turkey), 26-30 April 2010

Ellen Pay, MSc · INC International Food Law and Trade Advidor

EFSA Stakeholder Consultative Platform · EU Health Claims

Health Benefits of Tree Nuts Symposium Proceedings Available

New Scientific and Regulatory Issues on the INC website

Data Release

EU Updated Aflatoxins Guidance for Competent Authorities

EU Generalized System of Preferences · Public Consultation

EU · Wholesale Market management · Hygiene of Foodstuffs and HACCP

EU Food Contact Materials Database

US Marketing Order for California Raisins

US · Fruits and Vegetables · Imports from Canada

US FDA · Reportable Food · Multiple Facilities

US 2010 Dietary Guidelines for Americans

China · Food Safety Standard for Labeling

Hong Kong, China · Food Safety and Environmental Hygiene

Brazil · Brazil Nuts · Sanitary and Hygienic Control

Saudi Arabia · Whole Dates · Draft Technical Regulation

Bahrain · Whole Dates · Draft Technical Regulation

RASFF Notifications

USDA Developing Self-pollinating Almond Trees

Further Reading



Codex Committee on Contaminants in Foods
4th Session · Izmir (Turkey), 26-30 April 2010

The Codex Committee on Contaminants in Foods (CCCF) just concluded its 4th session in Izmir, Turkey, on April 30, 2010. The INC, as Official Non-Government Observer, was represented by Mr. Pino Calcagni, Chairman of the INC Scientific and Government Affairs Committee.

The main points concerning nuts and dried fruits were:

  1. Maximum levels for total aflatoxins in Brazil nuts and sampling plans.
  2. Revision of the code of practice for the prevention and reduction of aflatoxin contamination in tree nuts (appendix on additional measures for Brazil nuts).
  3. New work project on maximum level for aflatoxins in dried figs, finalization by 2012 (annex VIII).

The results have been very positive for our industry helping the safe and healthy circulation of tree nuts and dried fruits.

1. In practice, the following tolerances for aflatoxins in Brazil nuts (inshell and shelled) have been confirmed:

  • 15 ppb total for Brazil nuts destinated for further process
  • 10 ppb total for Brazil nuts ready to eat

No specific tolerance was fixed for solo inshell Brazil nuts but the derogation in the analytical method, approved by an ad-hoc EU regulation, mitigates the risk of rejection considering rightly the presence of contaminant in the inedible part of the nut (shell).

2. The Code of Practice for the Prevention and Reduction of Aflatoxin Contamination in Tree Nuts has been approved.

3. The Turkish Delegation submitted a proposal for new work in order to clarify and quantify the impact of the approved Code of Practice and sustain the limit of 10 ppb total already validated by JECFA (Joint FAO/WHO Expert Committee on Food Additives and Contaminants) in 2008.

The INC actively participated and supported the above facts. Furthermore, the INC offered full cooperation to provide data on worldwide consumption per country and per capita, as well as to encourage researchers at any stage of the sectorial food chain.



Ellen Pay, MSc · INC International Food Law and Trade Advisor

The INC Secretariat is pleased to inform members that Ellen Pay, a Belgian national and resident of Italy, has taken up the position of International Food Law and Trade Advisor for the INC. Ellen holds a master degree in Economic Sciences (International Relations) from the University of Antwerp and a master degree in European Political Economy from the London School of Economics. She has previously worked as an adviser for a Brussels-based agricultural trade association, and is a consultant with the Food and Agriculture Organization (FAO) of the UN.



EFSA Stakeholder Consultative Platform · EU Health Claims

The INC, represented by Ms. Ellen Pay, International Food Law and Trade Advisor, attended the EFSA Stakeholder Consultative Platform Meeting, held in Brussels, 13-14 April 2010. This platform is the vehicle through which EFSA communicates with its civil society stakeholders -consumer groups, non-governmental organizations, and market operators such as farmers, food manufacturers, distributors or processors, science professionals.

Ms. Catherine Geslain-Lanéelle, EFSA Executive Director, presented an overview of EFSA’s activities and the number of Health Claims received, withdrawn, adopted and in progress. EFSA is responsible for verifying the scientific substantiation of the submitted claims, some of which are currently in use, some of which are proposed by applicants. This information serves as a basis for the European Commission and Member States, which will decide whether to authorize the claims.

Ms. Juliane Kleiner, Head of Unit of Dietetic Products, Nutrition and Allergies (EFSA) stated that of the 4,637 health claims received by EFSA, 993 have now been evaluated, while 297 claims have been withdrawn. The next publication of EFSA opinions on health claims is foreseen for September 2010, while the deadline for the evaluation of all submitted claims is set for December 2011.

An updated database of health claims will be published on EFSA’s website in the coming weeks. EFSA is currently developing additional guidance material for the evaluation of health claims in cooperation with the EU Commission, EU Member States and Stakeholders. In this respect, EFSA is organizing a technical meeting with stakeholders on recent developments related to health claims on 1 June 2010, Parma, Italy.



Health Benefits of Tree Nuts Symposium Proceedings Available

The proceedings of the symposium Health Benefits of Tree Nuts have been recently published in the Asia Pacific Journal of Clinical Nutrition (bilingual English and Chinese). The INC sponsored this session, organized by the INC Nutrition Research and Education Foundation (INC-NREF), at the 19th International Congress of Nutrition, held in Bangkok, Thailand, 4-9 October 2009.

The proceedings have been published in the Asian Journal of Clinical Nutrition, volume 19, number 1, 2010:

  • Health benefits of nuts in prevention and management of diabetes
    Cyril WC Kendal, Amin Stefahani, Jennifer Truan, Korbua Srichaikul and David JA Jenkins
  • The phytochemical composition and antioxidant actions of tree nuts
    Bradley W Bolling, Diane L McKay and Jeffrey B Blumberg
  • Nuts, inflammation and insulin resistance
    Patricia Casas-Agustench, Mònica Bulló and Jordi Salas-Salvadó
  • Nuts, blood lipids and cardiovascular disease
    Joan Sabaté and Michelle Wien
  • Nuts and healthy body weight maintenance mechanisms
    Richard D Mattes and Mark L Dreher
  • Tree nut consumption improves nutrient intake and diet quality in US adults: an analysis of National Health and Nutrition Examination Survey (NHANES) 1999-2004
    Carol E O’Neil, Debra R Keast, Victor L Fulgoni III and Theresa A Nicklas

The abstracts of the studies are available at www.nutfruit.org, Database: Health and Nutrition.

Copies of the proceeding will be distributed to participants at the World Nut and Dried Fruit Congress, Beijing, May 21-23, 2010.



New Scientific & Regulatory Issues on the INC website

Scientific Studies


Regulatory Issues


Data Release


EU Updated Aflatoxins Guidance for Competent Authorities

The Standing Committee on the Food Chain and Animal Health - Section Toxicological Safety of the Food Chain, met on 15 March in Brussels under the auspices of Directorate General Health and Consumers (DG Sanco) of the EU. The meeting discussed the findings of 13 missions undertaken between 2006 and 2008 by the Food and Veterinary Office (FVO) of DG Sanco. The objective of the missions was to evaluate the implementation of European Regulations and Decisions related to import controls on food and feed of non-animal origin. While certain weaknesses were found with regard to controls on considered at risk, system of audits, Rapid Alert System for Food and Feed (RASFF) notifications, laboratories and reporting of analytical results, the nature of deficiencies noted during the missions did not give rise to health concerns that would require urgent action.

The reports of the individual missions are available on DG Sanco’s website: http://ec.europa.eu

The meeting further discussed the updated guidance document for competent authorities for the control of compliance with EU legislation on aflatoxins. The previous guidance document dated from March 2009 and needed to be updated to integrate recent legislative changes, including Commission Regulation (EC) No 1152/2009 of 27 November 2009 imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins and repealing Decision 2006/504/EC1; Commission Regulation (EU) No 165/2010 of 26 February 2010 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs as regards aflatoxins; and Commission Regulation (EU) No 178/2010 of 2 March 2010 amending Regulation (EC) No 401/2006 as regards groundnuts (peanuts), other oilseeds, tree nuts, apricot kernels, liquorice and vegetable oil.

Guidance Document for Competent Authorities for the Control of Compliance with EU Legislation on Aflatoxins


EU Generalized System of Preferences · Public Consultation

DG Trade of the European Commission has recently opened a public consultation on the future of the EU's Generalized System of Preferences (GSP), a trade arrangement through which the EU provides preferential access to the EU market to 176 developing countries and territories in the form of reduced tariffs for their goods when entering the EU market. The present GSP Regulation expires on 31 December 2011.

The purpose of the consultation is to seek comments from interested parties as inputs to the Commission's preparation of a successor Regulation. The consultation is aimed at all parties with an interest in the EU GSP scheme, including stakeholders within the EU and in third countries, and asks for opinions on a wide range of issues related to the GSP, including the objectives of the system, its user-friendliness, the distinction between “sensitive” and “non-sensitive” products, the inclusion of high-income countries in the GSP, the GSP’s “graduation mechanism”, the system’s requirements as to sustainable development and good governance and its “special incentive arrangement” (GSP+), the “Everything But Arms” (EBA) arrangement, temporary withdrawal, safeguard and antifraud measures, and the duration of the GSP.

The consultation document is available from the Commission’s website at:
http://ec.europa.eu


EU · Wholesale Market Management · Hygiene of Foodstuffs and HACCP

The “Community guide to good hygiene practices specific to the wholesale market management in the EU”, a document developed by the European Regional Section of the World Union of Wholesale Markets (WUWM), has been published on the website of DG Health and Consumers (DG Sanco) of the European Commission.

The document is intended for public and/or private companies responsible for the management of wholesale markets in the European Union, with the general objective of providing them with guidance on food safety and hygiene and the implementation of HACCP (Hazard Analysis Critical Control Point) based procedures, but only in relation to those aspects that directly concern them.

http://ec.europa.eu


EU Food Contact Materials Database

DG Health and Consumers (DG Sanco) of the European Commission has recently updated its “Food Contact Materials Database”. The Database contains information on substances authorized to be used in plastics; substances which are now being risk assessed by the European Food Safety Authority (EFSA) but are not yet authorized for use in plastics; substances authorized to be used in plastics but not appearing in the plastics legislation because their authorization is covered by the authorization of another / other substance(s); and components of mixtures.

The aim of the Database is to allow for the efficient management of the authorization procedure of substances to be used in food contact materials, and to increase transparency of the authorization procedure towards all actors.

The Database is available online at:
https://webgate.ec.europa.eu

US Marketing Order for California Raisins

The Agricultural Marketing Service (AMS) of the US Department of Agriculture (USDA) has published in Federal Register Vol. 75 No. 77 of 22 April 2010 interim rule “Raisins Produced From Grapes Grown in California; Final Free and Reserve Percentages for 2009–10 Crop Natural (Sun-Dried) Seedless Raisins”.

Since 1949, the California raisin industry has operated under a Federal Marketing Order, which contains authority to limit the portion of a given year’s crop that can be marketed freely in any outlet by raisin handlers. This volume regulation mechanism is used to stabilize supplies and prices, and to strengthen market conditions. If the primary market (the normal domestic market) is over-supplied with raisins, grower prices decline substantially. The rule published on 22 April 2010 establishes final volume regulation percentages for the 2009–10 crop year for natural seedless (NS) raisins. The volume regulation percentages are 85 percent free and 15 percent reserve. Free tonnage raisins may be sold by handlers to any market. Reserve raisins must be held in a pool for the account of the Raisin Administrative Committee and are disposed of through certain outlets authorized under the order (sold to handlers for free use; used in diversion programs; exported to authorized countries; carried over to the next crop year; sold to government agencies; or disposed to other outlets non-competitive with free raisins). According to the USDA, volume regulation is warranted this season because the crop estimate of 275 000 tons is significantly higher than the 234 769 ton trade demand.

The 15 percent reserve would limit the total free tonnage to 233,750 natural condition tons (.85 × the 275 000 ton crop). Adding the estimated figure of 41 250 tons of raisins offered to handlers through the “10 + 10 program” to the 233 750 tons of free tonnage, plus 126 824 tons of carry-in inventory, plus the 12 137 tons of 2008–09 NS reserve pool raisins released in the 2009–10 crop year, results in a total supply of 413 961 tons of natural condition raisins.

The USDA invites interested persons to submit comments on this interim rule, including the regulatory and informational impacts of this action on small businesses. Any comments received will be considered prior to finalization of the rule. The effective date of the rule is 22 May 2010.

USDA Interim rule with request for comments: Raisins Produced from Grapes Grown in California; Final Free and Reserve Percentages for 2009–10 Crop Natural (Sun-Dried) Seedless Raisins. Federal Register Vol. 75, No. 77, Thursday, April 22, 2010.

US · Fruits and Vegetables · Imports from Canada

Rule 7 CFR 354 of the Animal and Plant Health Inspection Service (APHIS) of the US Department of Agriculture (USDA) has been published in the Federal Register (Vol. 75, No. 45 / Tuesday, March 9, 2010). The rule, entitled “Agricultural Inspection and AQI User Fees Along the U.S./Canada Border”, removes the exemption from inspection for imported fruits and vegetables grown in Canada to allow for regular inspections at the border.

In addition, the rule stipulates that all commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international air passengers entering the US from Canada, are subject to AQI (agricultural quarantine and inspection) user fees. The rule is effective as of 9 March 2010.

USDA Final Rule 7 CFR 354 Agricultural Inspection and AQI User Fees Along the U.S./Canada Border. Federal Register Vol. 75, No. 45, Tuesday, March 9, 2010.

US FDA · Reportable Food · Multiple Facilities

The U.S. Food and Drug Administration (FDA) has recently published a guidance document entitled “Guidance for Industry: Submitting a Report for Multiple Facilities to the Reportable Food Electronic Portal as Established by the Food and Drug Administration Amendments Act of 2007” to make the submission of reportable food reports more efficient and less burdensome for companies with multiple facilities. A reportable food is an article of food (other than infant formula and dietary supplements) for which there is a reasonable probability that the use of, or exposure to, will cause serious adverse health consequences or death to humans or animals.

The new guidance permits companies in which a specific reportable food is located in multiple facilities, e.g., the recently recalled hydrolyzed vegetable protein, to submit one combined report. According to the FDA, clarifying the requirements will facilitate compliance and implementation, and will lessen the burden on industry and FDA caused by unnecessary submission of multiple reports when one reportable food situation affects more than one of a company’s facilities.

The new guidance can be accessed at:
www.fda.gov


US 2010 Dietary Guidelines for Americans

The US Department of Agriculture (USDA) and the Department of Health and Human Services (HHS) have recently announced the sixth and final meeting of the Dietary Guidelines Advisory Committee (DGAC), on 12 May 2010 from 8 am until 5.30 pm, and have solicited written comments pertinent to the Dietary Guidelines for Americans.

The Secretaries of USDA and HHS publish the Dietary Guidelines for Americans at least every five years, providing authoritative advice about how good dietary habits can promote health and reduce risk for major chronic diseases. To this end, the Dietary Guidelines Advisory Committee provides recommendations in the form of an advisory report to the Secretaries of both Departments. The meeting on 12 May will include a review and discussion of the Committee's draft report. The topics to be discussed will include nutrient adequacy; energy balance and weight management; carbohydrates and protein; sodium, potassium and water; fatty acids and cholesterol; alcohol; and food safety and technology.

Members of the public are invited to attend the online Dietary Guidelines Advisory Committee Webinar meeting (register at http://www.dietaryguidelines.gov). Written comments have been accepted continuously throughout the 2010 Dietary Guidelines revision process.

www.cnpp.usda.gov

Tree Nuts · 2010 Dietary Guidelines
The 2010 Dietary Guidelines Advisory Committee (DGAC) held its 5th meeting via webinar on April 13-14, 2010. The Committee looked at 17 studies and highlighted almond, walnut, macadamia and pistachios studies specifically. The draft conclusion of the DGAC states that consumption of unsalted peanuts and tree nuts, specifically walnuts, almonds, and pistachios, within an energy-balanced diet, has a favorable impact on cardiovascular disease risk factors, particularly serum lipids levels. The Committee suggested that further evidence from randomized controls trials (RCT) is needed, as well as more RCT research over longer periods.


CHINA · Food Safety Standard for Labeling

China has notified the Committee on Technical Barriers to Trade (TBT) of the WTO of its “National Food Safety Standard for the Labeling of Prepackaged Foods”. The standard prescribes the basic requirements for the labeling of pre-packaged foods.It applies to the labeling of all pre-packaged foods directly or indirectly offered to consumers, but does not apply to the labeling of food package for transportation and the mark of food in bulk. A copy of the notification, as well as of the food safety standard (in Chinese) is available from the Secretariat upon request. Final date for comments is 20 June 2010.

In addition, China has notified its “National Food Safety Standard for Nutrition Labeling of Prepackaged Foods”. The standard prescribes the basic principles and requirements for the nutrition labeling and claims on pre-packaged foods directly offered to consumers.

Final date for comments is 20 June 2010.

Notification

National food safety Standard. Standard for the labeling of prepackaged foods

HONG KONG, CHINA · Food Safety and Environmental Hygiene

Hong Kong (China) has recently notified its “Paper for the Legislative Council Panel on Food Safety and Environmental Hygiene: Food Safety Bill”, whose objective is to consult the Legislative Council Members of Hong Kong, China on the detailed proposals of the Food Safety Bill. It also sets out the results of the related public consultation and the findings of the Business Impact Assessment (BIA) study.

The Food Safety Bill aims at strengthening legislative control measures on food safety. Proposed new control measures include a registration scheme for food importers and distributors, the requirement for food traders to maintain proper transaction records to enhance food traceability, regulations to tighten import controls on specific food types based on risk assessment, and rules allow authorities to prohibit the import and supply of problem food and order the recall of such food.

Notification

Draft Food Safety Bill


BRAZIL · Brazil Nuts · Sanitary and Hygienic Control

Brazil has notified to the Committee on Sanitary and Phytosanitary Measures of the World Trade Organization (WTO) the publication, on 23 March 2010, of Normative Instruction 11, establishing the criteria and procedures for the sanitary and hygienic control of Brazil nuts and its by-products intended for human consumption in the domestic market, imports and exports, along the productive chain. It revokes Normative Instruction n° 13, 27 May 2004, Normative Instruction n° 9, 16 January 2002 (regarding Brazil nuts), the Internal Rule n° 1, 24 February 2003 (regarding Brazil nuts and its by-products) and the Internal Rule n° 2, 30 May 2003.

The legislation is based on the Codex Alimentarius “Code of Practice for the Prevention and Reduction of Aflatoxin Contamination in Tree Nuts” (CAC/RCP 59-2005), and will enter into force on 21 May 2010. It concerns all trading partners of Brazil.


SAUDI ARABIA · Whole Dates · Draft Technical Regulation

Saudi Arabia has notified a draft technical regulation concerning whole dates in pitted or unpitted style, packed and ready for direct human consumption and its sampling methods. The regulation, which is based on the Codex Alimentarius Standard for Dates (143-1985), contains the following sections: definition, requirements, sampling, methods of test and examination, packing, transportation, storage and labeling. It does not apply to other forms of dates such as pieces or smashed dates or dates for industrial purposes or use as feed.

Notification

BAHRAIN · Whole Dates · Draft Technical Regulation

Bahrain has recently published a draft technical regulation specifying the mandatory requirements for the packaging and labeling of pre-packaged whole dates. This regulation specifies that the product should be packed in clean, dry and suitable (food grade) containers that will not permit moisture and protect it from contamination and spoilage, and describes the label requirements as follows:

  • Name of the product: dates, dates covered with glucose syrup, filled dates, etc.;
  • Size and type of dates;
  • Food additives (if used);
  • Type of filling (if used);
  • Country of origin;
  • In case radiation was used, a statement shall be stated in addition to the logo used for radiated food.

Comments about this draft regulation, which builds on the Codex Standard for Dates (143-1985) and UNECE Standard DDP-08 (whole dates), should be sent within 60 days from the notification date (5 March 2010).

Link:


RASFF Notifications
EU Rapid Alert System for Food and Feed
Weeks 13-16, 2010

ALERT NOTIFICATIONS

Country of origin

Reason for notifying

Total notifications
Weeks 13-16, 2010

Total notifications
Weeks 13-16, 2009

South Africa

Aflatoxins in peanuts

1

0

INFORMATION NOTIFICATIONS

Country of origin

Reason for notifying

Total notifications
Weeks 13-16, 2010

Total notifications
Weeks 13-16, 2009

Turkey

Aflatoxins in hazelnuts

1

0

USA

Aflatoxins in pistachios

4

0

BORDER REJECTIONS

Country of origin

Reason for notifying

Total notifications
Weeks 13-16, 2010

Total notifications
Weeks 13-16, 2009

Argentina

Aflatoxins in peanuts

12

2

China

Aflatoxins in peanuts

11

7

Greece

Aflatoxins in raisins

1

0

India

Aflatoxins peanuts

1

0

Sulphite in raisins

1

0

Iran

Aflatoxins in pistachios

4

2

South Africa

Aflatoxins in peanuts

1

0

Turkey

Aflatoxins in pistachios

3

3

Salmonella in pine kernels

1

1

Sulphite in dried apricots

1

2

Aflatoxins in dried figs

1

0

Aflatoxins in fig paste

1

3

Uzbekistan

Ochratoxin A in black raisins

1

0

USA

Aflatoxins in almonds

2

5

Alert Notifications are released when a food or feed presenting a serious risk is on the market and when immediate action is required.

Information Notifications concern a food or feed for which a risk has been identified, but for which the other member states do not have to take immediate action, because the product has not yet reached their market.

Border Rejections concern food and feed consignments that have been tested and rejected at the external borders of the EU and the European Economic Area when a health risk was found. The notifications are transmitted to all EEA border posts in order to reinforce controls and to ensure that the rejected product does not re-enter the Community through another border post.

http://ec.europa.eu


SCIENTIFIC NEWS

USDA Developing Self-pollinating Almond Trees

The Economic Research Service (ERS) of the US Department of Agriculture is working towards the development of self-pollinating almond trees that can produce a bountiful harvest without insect pollination. The ERS hopes its research will help almond growers who face rising costs for insect pollination because of nationwide shortages of honey bees due to Colony Collapse Disorder (CCD) and other factors.

Read the full article at www.ars.usda.gov


Further Reading

“Amber Waves” March 2010 edition, published by the Economic Research Service (ERS) of the US Department of Agriculture:

  • Expanding Demand for Organic Foods Brings Changes in Marketing: www.ers.usda.gov
  • Peanut Processing and Sales Hold Steady After Peanut-Product Recalls: www.ers.usda.gov


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