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Scientific Studies

Update: EU Legislation on Pesticide Residues

The ongoing revision of Directive 91/414 concerning the placing of plant protection products on the market is very likely going to lead to a drastic reduction of the list of pesticides. This revision will impact both EU food producers and EU importers. If a pesticide does not have a specific MRL, the authorized MRL will be set by default at the detection level of 0,01 mg/kg, which means virtually no residues. If an unlisted EU pesticide is detected in imported foodstuffs, the goods can be rejected at EU borders or even destroyed.

This decrease in pesticides’ availability and the lack of alternatives for some crops will not only reduce severely farmers’ capacity to produce food within the EU, but also have an indirect impact on food intended to be exported to the EU.

The draft Regulation setting minimum mandatory frequencies of official controls on products considered as “high risk” has been substantially amended. This future Regulation will set a minimum frequency of official identity checks and physical checks for imported consignments of goods of plant origin listed as “high risk products”. Such products will only be authorized to be imported through points of entry designated by Member States (publicly available on their web sites). Importers will have to notify, prior to the arrival, such consignments to the competent authorities of the designated points of entry and transmit a common entry documents set in the forthcoming Regulation.

Draft of the list of nuts and dried fruits subject to an increased level of official controls at the designated point of entry:

The draft Regulation doesn’t mention the criteria to list or de-list a product as a “high risk product”; they are instead mentioned in the recitals as follows:

• RASFF notifications;
• FVO missions or national controls;
• Reports from third countries;
• Exchange of information between the Commission, Member States and EFSA and scientific assessments.

According to the new draft, there is no longer the possibility to carry out the identity and physical checks of “high risk product” at a designated point distinct from the one where the documentary checks would have to take place.

The draft regulation sets a transitional period of 5 years to meet the requisites set in article 3. During this period, while documentary checks will still have to be carried out at the designated point of entry, other points of control could be approved to carry out identity and physical checks, provided that such control point complies with the minimum requirement.

Consignments of “high risk products” shall be placed under the control of the competent authorities until the results of documentary, identity and physical checks have been obtained.

The release for free circulation of consignments is subject to the presentation to the custom authorities of a Common Entry Document (CED) duly completed by the competent authority.

The CED should accompany the consignment on its onwards transport. In the case of subsequent splitting of the consignment, a copy of the CED, authenticated by the competent authority, shall accompany each part of the consignment.

Commission Directive 2008/100/EC of 28 October 2008amending Council Directive 90/496/EEC on nutrition labelling for foodstuffs as regards recommended daily allowances, energy conversion factors and definitions, has been recently published in the European Official Journal.

Commission Directive 2008/100/EC of 28 October 2008 amending Council Directive 90/496/EEC on nutrition labelling for foodstuffs as regards recommended daily allowances, energy conversion factors and definitions.


FDA Proposed Rule to Reduce "Port Shopping"

The US Food and Drug Administration (FDA) has released a proposed rule to reduce the practice “port shopping” (to gain entry in different ports when a potential import has been rejected). The proposed rule requires such containers to be labeled as refused, exported or destroyed. Written comments on the proposed rule may be submitted to:

www.regulations.gov

Label Requirement for Food That Has Been Refused Admission into the United States. Department of Health and Human Services, Food and Drug Administration. Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Proposed Rules.

Label Requirement for Food That Has Been Refused Admission into the United States. Department of Health and Human Services, Food and Drug Administration. Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Proposed Rules.


Australian Major Retailers Adopt "Daily Intake Guide" Food Labelling Scheme

The Australian Food & Grocery Council (AFGC) and the Australian National Retailers Association (ANRA) have recently announced the adoption by major retailers of the “Daily Intake Guide” Food Labelling Scheme.

The “Daily Intake Guide” is a front-of-pack food labelling system developed together with dietitians and health professionals to help consumers better understand what’s in a serve of a certain product and how it contributes to their daily diet. This industry-wide commitment aims to assist consumers to construct and maintain healthy diets. It will provide daily intake information for energy, fat, saturated fat, sugar and sodium.

The new labelling shall appear on the majority of private label products on supermarket shelves over the next two years.

Confectionery Manufacturers of Australasia (CMA) has worked closely with AFGC in developing the “Be treatwise” initiative, which aligns daily intake food labeling.

www.afgc.org.au

www.anra.com.au

www.candy.net.au

www.betreatwise.info