Food Law News - UK - 2005

FSA News Item, 11 March 2005

HYGIENE / MEAT / CONTAMINANTS - Summary of discussions at the FSA Board (10 March 2005)

The Food Standards Agency held an open Board meeting on Thursday 10 March in Edinburgh. The meeting was attended by 60 people and a further 1,923 watched it by live webcast.

The meeting was chaired by Sir John Krebs, Agency Chair (pictured). Before the meeting, Agency Deputy Chair Julia Unwin presented the first annual Dame Sheila McKechnie Award. During the meeting, the Board discussed three papers: Implementation of Food Safety Management; EU Food Hygiene Regulations; and Food Hygiene Regulations: Risk Based Official Controls in Meat Plants Requiring Veterinary Control. In addition, Agency Chief Executive Jon Bell gave a statement on the recent recall of food products contaminated with Sudan I.

Implementation of Food Safety Management

[On the FSA web site, see : Paper FSA 05/03/02 and Annexe ]

This paper asked the Board to agree proposals designed to assist UK food businesses in implementing food safety management systems, as required by forthcoming EU food hygiene legislation. The Board was also asked to agree a way forward on butchers' licensing and prior approval, taking account of forthcoming legislative requirements.

The Board previously considered HACCP issues in March 2004. At that meeting it noted the large numbers of small businesses and the challenges they face. The Board agreed the Agency should develop guidance focused on small catering and retail business; provide direct assistance to businesses - within available resources; and recognise different situations in each of the UK countries in developing assistance for businesses.

The programme of work proposed by the paper is designed to improve standards in the food industry and, through this, deliver a reduction in foodborne disease and increased protection to consumers. It is part of the Agency's 2005-10 Strategic Plan, specifically the commitment to:

• Develop tailored guidance on food safety management (based on HACCP principles) especially for small businesses. Guidance to the catering sector will start to be rolled out in 2005 following tests of guidance in 2004 (Chapter 3 - Food Safety)
• Work closely with industry and local authority partners on helping UK food businesses prepare for new EU food hygiene legislation from January 2006 (Chapter 6 - How we will deliver)

In EU discussions, the UK has argued successfully for a move away from prescriptive legislation on food hygiene towards a risk-based approach that targets food-safety activity on critical issues in a business - achieving the greatest benefit for consumers in a way that is also proportionate for the business.

The Board:

• noted the background to the new EU legislative requirement for improved consumer protection through food safety management procedures in food businesses and the challenge this requirement presents for small businesses and particularly small caterers;
• noted the results of evaluation on approaches to HACCP-based procedures to assist implementation of this EU requirement in small businesses;
• agreed the proposals to assist implementation of the requirements in the different countries of the UK reflecting circumstances and resources;
• agreed that the Agency should not propose new butcher shop licensing legislation when the current requirements are repealed on 1 January 2006 ;
• agreed that more information and evidence on prior approval is needed, on which the Board could base a decision, and that this needs to be gathered as soon as possible. As a possible alternative to prior approval, the potential advantages of strengthening the existing registration requirements for food businesses and ways of doing this should also be explored.

EU Food Hygiene Regulations

[On the FSA web site, see: Paper FSA 05/03/03 ]

This paper concerned the application of the new legislative framework so that it protects consumers and is practicable and proportionate, and can be equitably and consistently enforced.

New EU food hygiene regulations came into force on 20 May 2004 and will apply directly from 1 January 2006. The new legislation represents a major streamlining and modernising of food safety controls. It applies throughout the food chain, including in most areas of primary production for the first time.

The Board has been kept informed on the progress of the negotiation of the new legislation and was last updated at its September 2004 meeting.

The paper drew particular attention to certain areas. These were:

• the placing on the market of raw milk or raw cream for direct human consumption
• temperature control requirements in retail and catering
• use of plant staff in certain slaughterhouses
• guidance material issues

The Board:

• noted the outcome of the public consultation on the draft national legislation, guidance to industry and Regulatory Impact Assessments (RIAs) to apply the EU food hygiene regulations;
• agreed that the conclusions officials have reached on the responses to the consultation are the right way forward on the issues where some degree of flexibility is allowed;
• noted that officials are working in parallel on various pieces of statutory guidance and other instructions to enforcement authorities and will conduct public written consultation on these from April 2005;
• noted that officials will report back to the Board on the outcome of the ongoing work on industry and enforcement guidance in the autumn;
• agreed the approach proposed as the basis for seeking Ministerial agreement to the national regulations;
• agreed to ask the MHS Board to consider the issue of plant staff in slaughterhouses;
• agreed that there is no apparent reason for the difference between temperature control provisions in Scotland and those operating elsewhere in the UK ;
• agreed that there is not a difference in risk in relation to the consumption of raw milk in Scotland and the rest of the UK, but acknowledged that there may be other reasons for the Scottish ban on raw milk and cream.

Food Hygiene Regulations: Risk Based Official Controls in Meat Plants Requiring Veterinary Control

[On the FSA web site, see: Paper FSA 05/03/04, Annexe A and Annexe B ]

This paper outlined the proposed approach to the application of EU Food Hygiene Regulation 854/2004, with regard to risk based official controls in approved meat plants subject to Meat Hygiene Service or Department of Agriculture control in Great Britain and Northern Ireland respectively.

It asked the Board to consider the options for:

• the use of a risk assessment scheme and “audit categories” to determine audit reporting frequencies
• the level of Official Veterinarian presence at approved cutting plants to be related to audit frequency
• the publication of a plant's “audit category” in place of its Hygiene Assessment System (HAS) score

The Board:

• agreed the recommended approach and the proposed consultation process, recognising that there will be further developments in 2010;
• agreed that the presentation of the audit categories, so as to be understandable to the wider public, should be considered;
• agreed that further work needs to be done in relation to conflict of interest among Official Veterinarians.

Statement on Sudan I Contamination of Food

FSA Chief Executive Jon Bell gave an oral report about the recent recall of food products contaminated with Sudan I. He said:

The Board will be aware that over recent weeks the food industry has undertaken the largest recall of contaminated products ever seen in this country. I should like to provide some of the background and outline some of the actions that we have taken and also those taken by the industry and local authorities to protect consumers from unnecessary exposure to the illegal presence of Sudan I, a red dye, in food.

Before I do so, I ought to say that there is an ongoing investigation into the circumstances which led to this and I will not, therefore, be able to go into a lot of detail in all areas because that could prejudice possible actions by local authorities that are being considered at the present time. I hope that you will understand that.

The legal position is very clear. Food companies have a legal responsibility for ensuring that the food they sell is safe and fit for human consumption. In addition, from the beginning of this year, food companies have had a legal responsibility for recalling products that do not meet food safety requirements; notifying the FSA and local authorities, and advising their customers of the reason for the withdrawal. Local authorities have enforcement powers in respect of any breaches that may occur.

Expert advice from the Committees on Toxicity, Carcinogenicity and Mutagenicity is that it is prudent to assume that Sudan I is a genotoxic carcinogen and therefore exposure should be kept as low as reasonably practicable. At the levels found in the current incident, the risk is likely to be very small, although it cannot be quantified. However, it is an unnecessary and avoidable risk and therefore it is sensible not to eat foods containing Sudan I.

Sudan I, which is a dye used as a shoe and floor polish, has never been permitted in foods. Since June 2003, EC emergency controls have required that all dried and crushed or ground chilli and chilli products imported into the EU are accompanied by a certificate to show that they have been tested and are free from Sudan dyes. Alternatively, they must be tested at the point of import.

The Agency has taken a number of actions since 2003 to check on the effectiveness of these controls. These include:

• In September 2003, advising food companies that they should test relevant batches to ensure their products are not contaminated.
• In the same month, making available two simple and cheap test methods for the detection of Sudan I. These tests cost around £100.
• Since August 2003, funding the random testing of around 1,000 products a year, both at retail and import points.

From the testing that has taken place it would appear that the control measures have had a significant impact. Of the more than 1,000 most recent samples only 6% tested positive. All these were destroyed.

The Agency has also informed food companies that all stocks of chilli that predate June 2003 must be tested and shown to be free of Sudan I. The current incident originated from a contaminated batch of chilli powder supplied to a manufacturer of Worcester Sauce (Premier Foods) in 2002. This was supplied to a large number of other companies who then used it to make several hundred different food products.

Although the Agency was first informed on 7 February that there might be a problem with Premier Foods Worcester Sauce, following tests by a customer of Premier in Italy, it was not until 14 February that the Agency was informed about the likely scale of the incident. Up until that time it was thought that at most only five products were affected.

In order to provide practical and reliable information to consumers at the earliest opportunity, the Agency immediately arranged a meeting with food manufacturers and retailers to require full disclosure of affected products. This took place on the afternoon of 15 February. This demand was repeated at a further meeting on 16 February. An initial list of affected products was then received from food retailers on the evening of 17 February. The details of these 359 products were published by the Agency at lunchtime on the following day. The list was updated over the next week as further product details were received. By Thursday 24 February the vast majority of affected food had been removed from sale.

Local authorities have played a crucial role in ensuring that information about the recall reached even the smallest businesses, so that contaminated products were removed from the market as rapidly as possible. I would like to express our appreciation of the efforts made by local authorities in dealing with this incident throughout the UK.

I am able to report, on the basis of information received from local authorities and the industry, that all the contaminated chilli powder associated with the current incident has been accounted for and is not being used in food production.

Samples of Premier Foods Worcester Sauces have been tested to ensure that the current production is not contaminated. Local authorities have also visited companies known to have used the contaminated Worcester Sauce to ensure they are no longer selling contaminated food. Local authorities have also been carrying out checks to ensure the affected foods are no longer on sale.

The Agency has offered support to the local authorities that are currently investigating this incident and will continue to review with them any support that may be required.

We are now planning to undertake a review of this incident in order to identify the lessons to be learnt. It is intended that this will cover both the further actions that the industry might need to take to reduce the likelihood of incidents of this kind occurring in the future and the roles of those involved in regulation and enforcement. It will take into account information from all the major stakeholders that were involved and will provide the means for anyone else who can make a contribution to have their say. The Executive will make proposals to the Board about the scope of the review and the membership of the panel that it is proposed will oversee it. It is intended that the review will include an independent element and that its report will be published.

The Board:

• noted that a proposal of how the review will be undertaken will be made in due course, taking on board its comments about independence and the type of questions to be considered;
• recognised the very large effort that had been made by all concerned with managing the incident and complimented the staff of the Agency on the work they had done.