1999/26/EC: Commission Recommendation of 22 December 1998 concerning a coordinated programme for the official control of foodstuffs for 1999 (notified under number C(1998) 4501)
L 7/34 EN Official Journal of the European Communities 13. 1. 1999 COMMISSION COMMISSION RECOMMENDATION of 22 December 1998 concerning a coordinated programme for the official control of foodstuffs for 1999 (notified under number C(1998) 4501) (1999/26/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (1), and in particular Article 14(3) thereof, under consideration in each Member State. Suggestions will be made for the methods of analysis. 2. Member States should information as requested following the format of the record sheets provided in the Annex to help enhance the compar- ability of results. provide After consultation with the Standing Committee for Foodstuffs, 3. Ochratoxin A in coffee Whereas it is necessary, with a view to the sound opera- tion of the internal market, to arrange for coordinated food inspection programmes at Community level; Whereas such programmes place emphasis on compli- ance with Community legislation, the protection of public health, consumer interests and fair trade practices; simultaneous Whereas implementation of national programmes and coordinated programmes can provide information and experience on which to base future control activities, HEREBY RECOMMENDS: During 1999 Member States should take samples and/or carry out inspections, undertaking laboratory analyses where indicated, for: (a) Ochratoxin A in coffee, (b) Additives in foodstuffs. 1. Although sampling rates have not been set, Member States should ensure that the number of samples taken the subject to provide an overview of is sufficient The aim of this element of the programme is to survey the enforcement actions taken by Member States when unacceptable amounts of a toxic substance are found for which no specific maximum limit exists. However according to Community and national food legislation, food intended for human consumption must be safe and, notably, Article 2 of Council Regulation (EEC) No 315/93 (2), prohibits the selling of foodstuffs with excessive amounts of contaminants from the public health viewpoint and in particular at a toxicological level. Ochratoxin A is considered to be a potent nephrotoxic agent, a carcinogen and having genotoxic properties. No specific maximum limit for ochratoxin A in coffee has been fixed in the European Community at Community level nor, for most of the Member States, at national level. Available scientific data do not clearly indicate the effects of different processes like roasting on the reduction of the ochratoxin contents. Furthermore raw coffee is sold to a limited extent directly to the consumer. Therefore all types of coffee (raw; roasted; ground; instant; etc. ) should be controlled for ochra- toxin A contamination. (1) OJ L 186, 30. 6. 1989, p. 23. (2) OJ L 37, 13. 2. 1993, p. 1. 13. 1. 1999 EN Official Journal of the European Communities L 7/35 Sampling should be executed following the provisions laid down for the official control of aflatoxins in groundnuts and derived products by Commission Directive 98/53/EC (1). 4. Additives in foodstuffs Several Directives regulate the use of additives in food- stuffs (Directive 94/35/EC of the European Parliament and of the Council (2), amended by Directive 96/83/ EC (3), dealing with the use of sweeteners; Directive 94/36/EC of the Council (4), dealing with the use of colours; Directive 95/2/EC of the Council (5), as last amended by Directive 96/85/EC (6), dealing with the use of additives other than colours and sweeteners). the European Parliament and of the European Parliament and of this element of The aim of the programme is to measure the degree of compliance with the afore- mentioned Directives in Member States following the these recent harmonisation of usage conditions of substances; enforce- ment actions taken by Member States in case of non- compliance with legislation. furthermore survey the to the statistical return forms for the annual inspection programmes of the Member States. The inquiry should focus on a limited number of additives because of practical reasons. As the selection criterion, Member States should select additives for which exposure assessments, undertaken in the Member States as part of the scientific cooperation, underscore that there are risks of the acceptable daily intake being exceeded. The presented list should be used as a guideline to select the priority for the present study. Nevertheless other additives may be of particular relevance for specific Member States and could be added to the report. As the selection criterion for the categories of products within which these additives are to be sought, the categories presented in the Annex should be selected as they are the main contributors for the intake of the additives under consideration. However other products are not excluded. should include inspections in food The control processing establishments (checking the recipes) and analyses of samples taken from the market or in food processing establishments. The results of the inspections and of the analyses should be recorded accordingly in the sheets provided in the Annex. These record sheets follow the format of Done at Brussels, 22 December 1998. For the Commission Martin BANGEMANN Member of the Commission (1) OJ L 201, 17. 7. 1998, p. 93. (2) OJ L 237, 10. 9. 1994, p. 3. (3) OJ L 48, 19. 2. 1997, p. 16. (4) OJ L 237, 10. 9. 1994, p. 13. (5) OJ L 61, 18. 3. 1995, p. 1. (6) OJ L 295, 4. 11. 1998, p. 18. ANNEX 1. OCHRATOXIN A IN COFFEE Table 1. 1. ü Type of product: green coffee beans (raw coffee) Member State:. Total number of samples analysed:. Total number of samples rejected:. PRODUCT IDENTIFICATION ORIGIN/PLACE OF SAMPLING (*) ANALYTICAL RESULTS FOR OCHRATOXIN A CONTENT ACTIONS TAKEN (***) NUMBER Not de- tected (**) Number of samples : 3lg/kg Number of samples ; or = 3lg/kg Individual values detected Average value of positive samples (lg/kg) Median value of positive samples (lg/kg) None Verbal warning Written warning (1) (2) (3) Improved in-house control required (4) Sales prohibition Adminis- trative penalty Court action Other (5) (6) (7) (8) Total: Legal basis to determine the conformity of the goods and their eventual rejection: (*) At point of import: I; Wholesale Trade: W; Retail Trade: R Method of analysis used (reference: literature, written standard, etc. ; keyword description of the procedure; limit of determination) (if different from the proposed method): (**) The limit of detection of the method used should be indicated: (***) Comments on action taken: (1) (2) (3) (4) (5) (6) (7) (8) Other details, indications, difficulties encountered: L 7 / 3 6 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 3. 1. 1 9 9 9 Table 1. 2. ü Type of product: roasted coffee (in beans or ground; normal or decaffeinated) Member State:. Total number of samples analysed:. Total number of samples rejected:. PRODUCT IDENTIFICATION ORIGIN / PLACE OF SAMPLING (*) ANALYTICAL RESULTS FOR OCHRATOXIN A CONTENT ACTIONS TAKEN (***) NUMBER Not de- tected (**) Number of samples : 3lg/kg Number of samples ; or = 3lg/kg Individual values detected Average value of positive samples (lg/kg) Median value of positive samples (lg/kg) None Verbal warning Written warning (1) (2) (3) Improved in-house control required (4) Sales prohibition Adminis- trative penalty Court action Other (5) (6) (7) (8) Total: Legal basis to determine the conformity of the goods and their eventual rejection: (*) At point of import: I; Wholesale Trade: W; Retail Trade: R Method of analysis used (reference: literature, written standard, etc. ; keyword description of the procedure; limit of determination) (if different from the proposed method): (**) The limit of detection of the method used should be indicated: (***) Comments on action taken: (1) (2) (3) (4) (5) (6) (7) (8) Other details, indications, difficulties encountered: 1 3. 1. 1 9 9 9 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s L 7 / 3 7 Table 1. 3. ü Type of product: instant coffee (normal or decaffeinated) Member State:. Total number of samples analysed:. Total number of samples rejected:. PRODUCT IDENTIFICATION ORIGIN / PLACE OF SAMPLING (*) ANALYTICAL RESULTS FOR OCHRATOXIN A CONTENT ACTIONS TAKEN (***) NUMBER Not de- tected (**) Number of samples : 3lg/kg Number of samples ; or = 3lg/kg Individual values detected Average value of positive samples (lg/kg) Median value of positive samples (lg/kg) None Verbal warning Written warning (1) (2) (3) Improved in-house control required (4) Sales prohibition Adminis- trative penalty Court action Other (5) (6) (7) (8) Total: Legal basis to determine the conformity of the goods and their eventual rejection: (*) At point of import: I; Wholesale Trade: W; Retail Trade: R Method of analysis used (reference: literature, written standard, etc. ; keyword description of the procedure; limit of determination) (if different from the proposed method): (**) The limit of detection of the method used should be indicated: (***) Comments on action taken: (1) (2) (3) (4) (5) (6) (7) (8) Other details, indications, difficulties encountered: L 7 / 3 8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 3. 1. 1 9 9 9 2. ADDITIVES IN FOODSTUFFS Table 2. 1. ü Inspections in establishments for the use of additives Member State:. Total number of product inspections:. Total number of infringements:. PRODUCT CATEGORY / SUBCATEGORY ADDITIVES TO BE SOUGHT AS A PRI- ORITY ADDIT- IVES SOUGHT NUMBER OF PRODUCT INSPEC- TIONS NUMBER OF INFRINGE- MENTS ACTIONS TAKEN (*) NUMBER None Verbal warning Written warning (1) (2) (3) Improved in-house control required (4) Sales prohibition Adminis- trative penalty Court action Other (5) (6) (7) (8) 1 Dairy products ü Unripened cheeses E200, E202, E203 2 3 Eggs and egg products Meat and meat products, game and poultry ü Delicatessen and meat-curing products E249, E250, E251, E252 ü Meat products having undergone heat treat- ment E473, E474 4 Fish, shellfish and molluscs ü Shellfish and cephalo- pods E200, E202, E203 E210 to E213 E220 to E228 5 Fats and oils 1 3. 1. 1 9 9 9 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s L 7 / 3 9 PRODUCT CATEGORY / SUBCATEGORY ADDITIVES TO BE SOUGHT AS A PRI- ORITY ADDIT- IVES SOUGHT NUMBER OF PRODUCT INSPEC- TIONS NUMBER OF INFRINGE- MENTS ACTIONS TAKEN (*) NUMBER None Verbal warning Written warning (1) (2) (3) Improved in-house control required (4) Sales prohibition Adminis- trative penalty Court action Other (5) (6) (7) (8) 6 Soups, broths and sauces ü Sauces and season- E100 ings ü Emulsified and non- emulsified sauces E200, E202, E203 E210 to E213 7 Cereals and bakery prod- ucts ü Fine baker’s wares (biscuits, pastry, Vien- nese breads and buns) E160b E100 E481, E482 E473, E474 8 Fruit and vegetables ü Dried fruits 9 Herbs and spices E200, E202, E203 E220 to E228 10 Non-alcoholic beverages E952 11 Wine 12 Alcoholic beverages (other than wine) 13 Ices and desserts ü Desserts ü Desserts with a low energy value or without added sugar E160b E100 E481, E482 E473, E474 E952 L 7 / 4 0 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 3. 1. 1 9 9 9 PRODUCT CATEGORY / SUBCATEGORY ADDITIVES TO BE SOUGHT AS A PRI- ORITY ADDIT- IVES SOUGHT NUMBER OF PRODUCT INSPEC- TIONS NUMBER OF INFRINGE- MENTS ACTIONS TAKEN (*) NUMBER None Verbal warning Written warning (1) (2) (3) Improved in-house control required (4) Sales prohibition Adminis- trative penalty Court action Other (5) (6) (7) (8) 14 Cocoa and cocoa pre- parations, coffee and tea ü Powders for preparing hot beverages E473, E474 E481 15 Confectionery ü Jams, jellies and marmalades with a low energy value or without added sugar, and similar products E952 E200, E202, E203 E210 to E213 16 Nuts and nut products, snacks 17 Prepared dishes 18 Foodstuffs intended for special nutritional uses ü Fine baker’s wares for special dietary uses E952 19 Others Methods of analysis used (reference: literature, written standard, etc. ; keyword description of the procedure; limits of detection and determination) (if different from the proposed methods): (*) Comments on action taken: (1) (2) (3) (4) (5) (6) (7) (8) Other details, indications, difficulties encountered: 1 3. 1. 1 9 9 9 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s L 7 / 4 1 Table 2. 2. ü Samples and analyses for additives Member State:. Total number of samples taken:. Total number of infringements:. PRODUCT CATEGORY / SUBCATEGORY ADDITIVES TO BE SOUGHT AS A PRIORITY ADDIT- IVES SOUGHT NUMBER OF SAMPLES TAKEN NUMBER OF SAMPLES ANALYSED NUMBER OF INFRINGE- MENTS (*) ACTIONS TAKEN (**) NUMBER None Verbal warning Written warning (1) (2) (3) Improved in-house control required (4) Sales prohibition Adminis- trative penalty Court action Other (5) (6) (7) (8) 1 Dairy products ü Unripened cheeses E200, E202, E203 2 3 Eggs and egg products Meat and meat products, game and poultry ü Delicatessen and meat- curing prod- ucts 4 Fish, shellfish and molluscs ü Shellfish and cephalopods E249, E250, E251, E252 E200, E202, E203 E210 to E213 E220 to E228 L 7 / 4 2 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 3. 1. 1 9 9 9 PRODUCT CATEGORY / SUBCATEGORY ADDITIVES TO BE SOUGHT AS A PRIORITY ADDIT- IVES SOUGHT NUMBER OF SAMPLES TAKEN NUMBER OF SAMPLES ANALYSED NUMBER OF INFRINGE- MENTS (*) ACTIONS TAKEN (**) NUMBER None Verbal warning Written warning (1) (2) (3) Improved in-house control required (4) Sales prohibition Adminis- trative penalty Court action Other (5) (6) (7) (8) 5 6 Fats and oils Soups, broths and sauces ü Emulsified and non- emulsified sauces E200, E202, E203 E210 to E213 7 Cereals and bakery products ü Fine baker’s E160b wares (biscuits, pastry, Vien- nese breads and buns) 8 Fruit and veget- ables ü Dried fruits E200, E202, E203 E220 to E228 9 Herbs and spices 10 Non-alcoholic beverages E952 1 3. 1. 1 9 9 9 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s L 7 / 4 3 PRODUCT CATEGORY / SUBCATEGORY ADDITIVES TO BE SOUGHT AS A PRIORITY ADDIT- IVES SOUGHT NUMBER OF SAMPLES TAKEN NUMBER OF SAMPLES ANALYSED NUMBER OF INFRINGE- MENTS (*) ACTIONS TAKEN (**) NUMBER None Verbal warning Written warning (1) (2) (3) Improved in-house control required (4) Sales prohibition Adminis- trative penalty Court action Other (5) (6) (7) (8) 11 Wine 12 Alcoholic bever- ages (other than wine) 13 Ices and desserts E160b E952 ü Desserts ü Desserts with a low energy value or without added sugar 14 Cocoa and cocoa preparations, coffee and tea 15 Confectionery ü Jams, jellies and marma- lades with a low energy value or without added sugar, and similar prod- ucts E952 E200, E202, E203 E210 to E213 L 7 / 4 4 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 3. 1. 1 9 9 9 PRODUCT CATEGORY / SUBCATEGORY ADDITIVES TO BE SOUGHT AS A PRIORITY ADDIT- IVES SOUGHT NUMBER OF SAMPLES TAKEN NUMBER OF SAMPLES ANALYSED NUMBER OF INFRINGE- MENTS (*) ACTIONS TAKEN (**) NUMBER None Verbal warning Written warning (1) (2) (3) Improved in-house control required (4) Sales prohibition Adminis- trative penalty Court action Other (5) (6) (7) (8) 16 17 18 Nuts and nut products, snacks Prepared dishes Foodstuffs intended for special nutritional uses ü Fine baker’s wares for special dietary uses 19 Others E952 Methods of analysis used (reference: literature, written standard, etc. ; keyword description of the procedure; limits of detection and determination) (if different from the proposed methods): (*) Values detected should be indicated. (**) Comments on action taken: (1) (2) (3) (4) (5) (6) (7) (8) Other details, indications, difficulties encountered: 1 3. 1. 1 9 9 9 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s L 7 / 4 5