COMMISSION RECOMMENDATION

of 9 November 1992

concerning a coordinated programme for the official control of foodstuffs for 1993

(92/540/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular the second indent of Article 155 thereof,

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,

Whereas it is necessary, with a view to the completion and operation of the internal market, to arrange for coordinated food inspection programmes at Community level;

Whereas such programmes should not only establish compliance with the Community legislation but also check that the foods is fit for consumption;

Whereas simultaneous implementation of national programmes and coordinated programmes can provide experience which is still widely lacking at present;

Whereas the Standing Committee for Foodstuffs has been consulted and has expressed itself in favour of the coordinated programme of inspections planned for 1993,

HEREBY RECOMMENDS THE MEMBER STATES TO TAKE SAMPLES OF THE FOLLOWING PRODUCTS AND TO ANALYSE THE SPECIFIED PARAMETERS IN 1993:

I. Adulteration of orange juice

II. Nitrates and nitrites in baby foods containing vegetables

III. Weight inspections for deep-frozen seafood

IV. Microbiological tests on edible ices

V. Microbiological tests on ready-made foods Explanatory memorandum on the coordinated programme of inspections for 1993

In 1993 the first coordinated programme of inspections provided for by Article 14 (3) of Directive 89/397/EEC will be carried out. The Commission has deliberately recommended a limited, straightforward programme confined to just a few groups of foodstuffs and easily measured parameters. The analyses proposed are designed to test compliance with the public health regulations, to guarantee fair trade and to protect consumer interests.

The Commission decided not to set uniform rates for the sampling or the on-the-spot inspections. The number of samples must take account of both public health and competition aspects, i.e. they must not only cover the manufacturers playing an important part in intra-Community trade but must also be extensive enough to provide an overview of the market in the foodstuffs concerned.

The Commission has laid down no stipulations with regard to sampling and analysis methods for this first coordinated programme of control. Each Member State will take the samples in the context of its own official food control programme and analyse them on the basis of its standard rules. The methods of analysis used must be mentioned or described briefly on the answer sheets annexed hereto.

If a given Member State has conducted detailed analyses covering every point in the coordinated programme of controls within the last two years on any of the products or parameters proposed, no further controls are necessary. The evaluation of the results of the earlier analyses will be made available to the Commission.

In addition to sampling and analyses, on-the-spot inspections of businesses are another useful means of determining whether a specific product is up to standard.

I Adulteration of orange juice

The objective of this analysis is to determine whether too much water and/or sugar was added in the manufacture of the orange juice and orange juice concentrates or in the redilution of the orange juice concentrates.

The inspection must also ensure that the products are correctly labelled as rediluted or sweetened.

Reference is made to Council Directive 75/726/EEC (1) and Directive 89/397/EEC.

II Nitrates and nitrites in babyfoods containing vegetables

High nitrate and nitrite contents in babyfoods pose a potential health hazard to infants and small children. Consumers expect a high level of protection for this particularly vulnerable sector. A Community-wide inspection, is, therefore, appropriate. To allow fuller assessment in due course, both the aggregate results and the individual values for each type of vegetable should be recorded.

III Weight inspections for deep-frozen seafood

For transport purposes, seafoods are deep-frozen and, where necessary, wrapped in ice. Often the declared weight bears little relation to the weight after defrosting. To monitor fair trade and to protect consumers from operators with an unfair economic advantage, the drain weight after defrosting will be inspected for:

- scallops,

- shrimps,

- lobsters, and

- clams.

IV Microbiological tests on edible ices

The inspection reports submitted by the Member States to date have clearly shown that microbiological contamination is common in edible ices.

The objective of the Community-wide inventory is to determine whether substandard hygiene during the manufacture and distribution of ices poses a health hazard to consumers. For this reason, not only the Escherischia Coli and germ counts will be determined but also the levels of Staphylococcus aureus, as an indicator of substandard hygiene, and the readings for the pathogen Salmonella ssp.

V Microbiological tests on ready-made foods

The inspection reports submitted by the Member States to date have revealed microbiological problems with certain ready-made foods, notably:

1. heat-treated ready-made foods which can become contaminated during reprocessing and which, if necessary, must be reheated before consumption;

2. non-heat-treated ready-made foods stabilized in other ways, for example with the aid of preservatives;

3. raw ready-made foods requiring no reheating;

4. raw ready-made foods requiring heating before consumption.

For this reason, samples of these ready-made foods should be tested for pathogens, other germs with signs of substandard hygiene and germs typical of microbial contamination. Ready-made foods in sterile packaging or sterilized ready-made foods (e.g. tinned foods) are not included in this programme.

Done at Brussels, 9 November 1992. For the Commission

Martin BANGEMANN

Vice-President