INBOX NEWS May 2020 - GLOBAL FOOD SAFETY REGULATIONS

Global Food Safety Regulations from around the world in the last 30 days

Austria

Austria’s parliament has made a notification to the EC on the outright ban of glyphosate, on which decision was voted in July 2019. In the notification, received on May 18, 2020, the 2011 Plant Protection Products Act, Federal Law Gazette I No 10/2011 is amended to prohibit the placing on the market of plant protection products (PPPs) containing this long-disputed active substance in section 18(10), while 17(5) is deleted.

For now, Austria is the first European country to ban the use of glyphosate-based products, before the formal expiration of the official approval in the EU, in mid-December 2022. Read more on Digicomply

Brazil

Public Consultation No. 813 of May 12, 2020, addresses health and sanitary requirements for vegetable oils, vegetable fats, and vegetable cream. Read more on Digicomply

Canada

Under a new amendment to The list of the Permitted Preservatives, effective from May 5, 2020, Benzoic Acid and its Salts are approved to be used in oyster flavored sauce. The Health Food Directorate of Canada has approved the use of sodium benzoate as a preservative at a maximum level of 1,000 ppm under Notice Ref. No. NOM/ADM-0147. Read more on Digicomply

China

China’s Committee on Sanitary and Phytosanitary Measures has proposed a draft of National standards for the World Trade Organization (WTO) to review, on milk products and formulae for infants and young children.

The Announcement of the National Product Quality Supervision and Spot Check Plan for 2020 (No. 22 of 2020) has been issued by the State Council Department of China, on May 8, 2020, including food-related products. Read more on Digicomply

Denmark

With Executive order No.681 on ‘Food Contact Materials and Penal Code for Violation of Related EU Acts’ issued in the Official Gazette Lovtidende A, Denmark bans PFAS chemicals (per- and polyfluorinated alkylated substances) from paper and cardboard in contact with food. Read more on Digicomply

Eurasian Economic Union (EAEU)

Simplification of the separate transport requirements for food and non-food products on the EAEU market have been announced by the Eurasian Economic Commission (EEC) Minister for Internal Markets, which allows simultaneous transport of different goods if the conditions of preventing contamination, mutual contact and changing organoleptic properties are fulfilled. Russian sanitary rules are now harmonized with the norms of EAEU technical regulations, as the Federation has removed the requirements that had been obstructing mutual trade, in the previous period. Read more on Digicomply

The EEC Board has adopted Decision № 198 of November 2019 "On approval of the lists of standards for meat and meat products". The standards and in the case of their absence - national (state) standards, are being included in the approved list and will come into force on June 1, 2020. Read more on Digicomply

The EEC Board has established the possibility of applying the existing documents on assessment compliance for certain requirements of technical regulation TR CU 034/2013 "On meat safety and meat products”. It is in force from June 1, 2020, and introduces the defined control methods of the content of the veterinary drugs and the use of invented names of meat products.

European Union (EU)

The European Commission has adopted the new Farm to Fork Strategy supported by the Biodiversity Strategy and a long term action plan for 2030, focusing on sustainable agriculture and healthier environment, bringing together aspects of nature protection, business, farming, and consumers. The proposed modification of the EU’s food system by 2030, refers to the reduction of the use of chemical and “high-risk” pesticides, as well as antimicrobials by half, and fertilizers by 20%. Besides this, it proposes the use of 25% of farming land for organic production. To Improve labeling and enhance consumer information on healthy, sustainable foods the Commission will propose harmonized mandatory front-of-pack nutrition labeling. Read more on Digicomply

The Commission has adopted the guidance document on mutual recognition on authorizations of plant protection products (PPPs) between member states, which clarifies how the provision should be applied, based on the Article 77 and 79(2) of Regulation (EC) No 1107/2009. Among other things, the document addresses the processes after the zonal assessment, reporting procedure, and authority correspondence.

The next REFIT evaluation of the PPPs regulation is expected this spring. Read more on Digicomply

Maximum levels of perchlorate for certain food groups have been set under the Regulation (EU) 2020/685 of May 20, 2020. Perchlorate acts as a competitive inhibitor to iodine thyroidal uptake, and as per the EFSA’s Scientific Opinion on the risks to public health related to the presence of perchlorate in the food of 2014 and EFSA’s Dietary exposure assessment of 2017 on dietary exposure, both chronic and short-term exposure to perchlorate may pose a risk to consumer health. Products most relevant to exposure are milk and dairy products, herbs and their infusions, fruits and vegetables, to all population groups, while infant and milk formulas in regard to vulnerable groups and high consumers in younger age groups. Read more on Digicomply

EFSA has published a scientific opinion on the safety of ochratoxin A (OTA) in food, concluding it is of health concern to most consumer groups. Based on the shown genotoxic and carcinogenic effect of this mycotoxin on kidneys, EFSA established a tolerable weekly intake (TWI) in its previous opinion from 2006. After the European Commission’s request to update the opinion, EFSA has performed a Risk assessment of ochratoxin A (OTA) in food based on newly available data, and summarized Outcome of public consultation, and concluded that there is a health concern to most consumer groups and turned to the more rigorous calculation of margin of exposure (MOE) factor in its new publication. Read more on Digicomply

Due to food safety incidents reported via RASFF in the last six months, such as pesticide residues above limits, microbiological contamination or the presence of mycotoxins, implementing regulation (EU) 2020/625, in force from May 6, 2020, introduces a temporary importation ban of certain food commodities from specified third countries into the EU as well as the more frequent product controls on the borders. Read more on Digicomply

A Report on the use of “front-of-pack'' (FOP) and additional forms of expression and presentation of the nutrition declaration, released on May 20, 2020, presents the main FOP nutrition labeling schemes currently implemented or being developed at the EU and international level, as well as nutrient profiling. Going beyond the scope of the FIC Regulation (Article 35(5)) it allows the declaration to be complemented with the voluntary repetition of essential nutritive information and other forms of expression and/or presentation such as graphical forms or symbols, in order to enhance the consumer’s knowledge of healthy choices. The report was built based on literature reviews and data gathered and analyzed by the JRC (Joint Research Center). Read more on Digicomply

The Executive Summary of Regulation (EC) No 1924/2006 on nutrition and health claims of plants and their preparation was published on May 20, 2020 providing the general framework for their use in food. Read more on Digicomply

France

Technical Instruction DGAL/SDSSA/2020-289 of May 19, 2020, specifies the health regulations specific to retail trade activities in products of animal origin and foodstuffs containing them. It presents the consequence of the synchronous evolution of several ministerial decrees, including those of December 21, 2009 and April 12, 2017 defining the foodstuffs excluded from donation to a charitable association. Finally, it merges and updates the elements previously distributed among several technical instructions to take into account recent regulatory and infra-regulatory developments. Read more on Digicomply

India

The Ministry of Agriculture has published Notification of a ban on the use and import of 27 active pesticide substances (insecticides and neonicotinoids) in India. The Order enters into force on the date of publication, on May 18, 2020, within 45 days of the comment period. Read more on Digicomply

A new Food Safety and Compliance online platform FoSCoS was launched by the FSSAI (Food Safety and Standards Authority), that will replace the current Food Licensing and Registration System, FLRS. The new approach is intended only for manufacturers of standardized food products and will be offering licensing, registration, inspection, and annual return modules. Read more on Digicomply

India’s Government has published modified phytosanitary requirements which will allow Australia to export Malting Barley to India. Exported grain can be fumigated with Methyl bromide and now allows fumigation with phosphine under defined conditions, and requires conditions "free from" Ergot and Granary weevil. Read more on Digicomply

International

The CCFICS (the Codex Committee on Food Import and Export Inspection and Certification Systems) has collaborated with the EU, UK, USA, Canada, Australia, and New Zealand to ensure the safety of food and international trade in this period. A series of Codex guideline documents were listed as supporting documents, such as Import control systems (CXG 47-2003), Certification Systems and inspection (CXG 26-1997 and CXG 20-1995), exchange of information between countries (CXG 89-2016), Generic Official Certificates (CXG 38-2001). The focus of the authorities, besides ensuring continuity of the food chain, is promoting future application of e-commerce and paperless trade, while also preventing fraudulent activities. Read more on Digicomply

Israel

Israel’s poultry products have met the FSIS onsite equivalence verification audit requirements. As per the USDA’s report, and the results of food safety inspections, ready-to-eat fully cooked and not shelf-stable poultry are allowed to be exported. Read more on Digicomply

Italy

Based on the survey of around 600 local agri-food companies, performed by the Agency of the Italian Chamber of Commerce system, Promos, economic revival after the coronavirus emergency, could arrive after the summer. Read more on Digicomply

Japan

The Positive list (PL) of substances allowed in UCP (food-contact utensils, containers, and packaging) has been published by the MHLW (The Ministry of Health, Labor and Welfare). With the implementation of the PL system under the Food Sanitation Law amendments, from June 1, 2020, a new regulatory approach will be implemented, by switching from a negative list system based on the voluntary standards – to a mandatory positive list system. It focuses on the raw material substances used to produce UCP, in particular those involving the approval of synthetic resins. The PL system covers food contact base polymers, the list of monomers allowed for use in the polymerization of base polymers, as well as the allowed additives. Substances that are not on the list, can be used only if they are not in direct contact with food, and the maximum concentration of their accidental migration to the food is limited to 0.01 mg/kg. Read more on Digicomply

Russia

The Federal Law № 47-FZ of March 1, 2020 "On Amendments to the Federal Law "On the Quality and Safety of Food Products" came into force on May 1, 2020. The concept of "healthy nutrition" and its principles are established in this federal law, as well as the clarification of requirements for the circulation of food products and information about their quality and safety. Besides this, some of the provisions on mandatory state registration of certain types of food products and materials are excluded, while specific amendments related to the labeling of certain types of goods were approved. Read more on Digicomply

Notification of emergency measures, of the Committee on Sanitary and Phytosanitary Measures has been issued on May 25, 2020, on a temporary restriction on the import of live poultry and poultry products from North Macedonia due to the outbreak of Newcastle disease virus. Read more on Digicomply

On the other side, the provisional restriction on imports of milk and dairy products from the Republic of Korea has been lifted for heat-treated products, guaranteeing the destruction of the virus which causes foot-and-mouth disease in accordance with the OIE recommendations. Read more on Digicomply

Spain

The Spanish Government is about to approve the Strategy for the Circular Economy and the draft bill on waste, with particular reference to limitations on single-use plastics. The law on waste and contaminated soil provided the framework and the new legal regime for the waste management (including ‘extended producers’ responsibility and extended product’s liability), and the characteristics of The fifth Spanish waste law 22/2011.

The new draft focus is on significant waste reduction, proposing 30% in used material and 15% in generation of waste by 2030, compared to 2010, making the separate flow collection obligatory. In particular, the future limitations of the single-use plastic reflects in introduced tax sets for the re-use and recycling activities, as well as reducing single-use plastic packaging, and prohibiting certain items on the market, such as straws, cutlery sticks or swabs and stirrers, containers and cups made of expanded polystyrene, etc., with an except for the industrial and professional uses. A focal point is on reducing bottled water and setting their separate collection, the public administrations are to be obliged to introduce measures to reduce their consumption, while the establishments must offer possibility of consuming unpackaged water free of charge. Read more on Digicomply

Switzerland

The Federal Council approved amendments to various food ordinances, at its meeting of May 27, 2020, aiming to harmonize the provisions in force in the European Union, and reduce trade barriers. The provisions involve "GMO-free" characterization for foods under the LGV ordinance and introducing new maximum levels of certain nutrients added in the food - while zinc ML have been significantly reduced, non-critical vitamins such as B1 will no longer have an upper limit. In addition, the eligibility of animals to be killed on the farm and at pasture has been established. The amendments will enter into force on July 1, 2020. Read more on Digicomply

Switzerland's Federal Food Safety and Veterinary Office has published a provisional food additive amendment (FDHA Ordinance on Food Additives), applying mostly corrections to previous text. It comes into force from July 1, 2020. Read more on Digicomply

Thailand

Thailand will prohibit the use of two active substances, chlorpyrifos and paraquat, from June 1, 2020. Thailand's government has notified the WTO that its Ministry of Public Health proposes to revise Annex 1 list of hazardous substances type 4 (banned) and Annex 2 Maximum Residue Levels (MRLs less than LOD or not to be detected). Read more on Digicomply

United States of America (USA)

After more than 30 years, the Animal and Plant Health Inspection Service of USDA, APHIS has completed the Final rule, also called the SECURE rule, that renovates biotechnology regulations and defines the movement conditions of plants developed using genetic engineering (GE plants), commonly referred to as GMOs. The new biotech crop regulation is based on the results of a three decade long assessment on safety of these breeding technologies which concludes they pose no risk. The rule addresses the shift of the responsibility of the future GE plants trials, experiments, risk assessments, drift preventing measures, etc. from the government towards chemical companies. The plant breeders can conduct these steps without involving or even notifying USDA and place the products on the market.

It is focusing on the properties of the plant rather than on its method of production, and allows “a more efficient process to identify plants that would be subject to regulation”. In this way the regulation should address the lack of transparency in the food chain, in particular in the bio-sector. Under this rule, most genetic modifications are exempted from the pre-market approval and it is on the developers to determine if their product should be placed under review. The agency has evaluated certain plant-trait mechanisms of action (MOA) combinations in traditional and GM crops that can be classified as unlikely to pose a plant pest risk. Read more on Digicomply

A guidance document on Temporary flexibility regarding certain labeling requirements for food intended for human use during COVID-19 pandemic was announced by the FDA, on May 22, 2020. The flexibility refers to the manufacturers and vending machine operators and reflects minor formulation changes without updating the label, with reference to safety of the substituted ingredient, attributed health claims and nutrition functionality, if the ingredient is characterizing for that product, as well as their prominence and quantity (2% or less by the weight). Specific examples of these conditions are provided in the guidance.

Other temporary flexibilities that FDA has issued address nutrition labeling on food packages, menu labeling, packaging and labeling of shell eggs and the distribution of eggs to retail locations. Read more on Digicomply