Recommendation of the EFTA Surveillance Authority

No 228/01/COL

of 2 July 2001

on a coordinated programme for the official control of foodstuffs for 2001

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the EEA Agreement, and in particular Article 109 and Protocol 1 thereof,

Having regard to the Surveillance and Court Agreement, and in particular Article 5(2)(b) and Protocol 1 thereof,

Having regard to the Act referred to in point 50 of Chapter XII of Annex II to the EEA Agreement on the official control of foodstuffs (Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs)(1), and in particular Article 14(3) thereof,

After consulting the EFTA Foodstuffs Committee assisting the EFTA Surveillance Authority,

Whereas:

(1) It is necessary, with a view to the sound operation of the European Economic Area, to arrange for coordinated food inspection programmes within the EEA.

(2) Such programmes place emphasis on compliance with the foodstuffs legislation in force under the EEA Agreement, the protection of public health, consumer interests and fair trade practices.

(3) Article 3 of the Act referred to in point 54n of Chapter XII of Annex II to the EEA Agreement (Council Directive 93/99/EC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs)(2) requires the laboratories referred to in Article 7 of Directive 89/397 to comply with the criteria in the European Standard EN 45000 series. Only such laboratories may be considered suitable to carry out analyses within the coordinated programme of official controls.

(4) The results from simultaneous implementation of national programmes and coordinated programmes can provide information and experience on which to base future control activities.

(5) The European Commission, in its recommendation of 18 April 2001 concerning a coordinated programme for the official control of foodstuffs for 2001, has recommended the Member States of the European Union to apply a corresponding programme,

HEREBY RECOMMENDS THE EFTA STATES TO:

1. Carry out inspections and controls during 2001 including, where indicated, taking samples and analysing such samples in laboratories, with the aim of:

- monitoring compliance with the EEA labelling rules concerning the Quantitative Ingredients Declaration (QUID);

- assessing the bacteriological quality of smoked fish products.

2. Although sampling and/or inspection rates have not been set in this Recommendation, ensure that they are sufficient to provide an overview of the subject under consideration.

3. Provide information as requested following the format of the record sheets provided in the Annex to this Recommendation to help enhance the comparability of results.

4. Ensure that foodstuffs submitted for analysis under this programme are submitted to laboratories complying with the provisions of Article 3 of Directive 93/99.

SCOPE AND METHODS:

A. Quantitative Ingredients Declaration (QUID)

1. Scope of the programme

A statement of the quantity of an ingredient or category of ingredients used in the manufacture or preparation of foodstuff provides the consumer with better information and helps ensuring fair trade. According to Article 7 of Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(3), a declaration of quantity is compulsory if(4):

- the ingredient or category of ingredients concerned appears in the name under which the foodstuff is sold or is usually associated with that name by the consumer; or

- the ingredient or category of ingredients concerned is emphasised on the labelling in words, picture or graphics; or

- the ingredient or category of ingredients concerned is essential to characterise a foodstuff and to distinguish it from products with which it might be confused because of its name or appearance.

Products not labelled in accordance with the requirements of the abovementioned Directive should not be traded. However, products labelled before 14 February 2000 are permitted until the stocks are depleted. The aim of this element of the programme is to check the compliance of foodstuffs with the new provisions for Quantitative Ingredient Declaration.

2. Method

The examinations should concern, in particular, milk products (i.e. yoghurt, cheese, etc.), fruits juices, and dry biscuits. The competent authorities of the EFTA States should carry out inspections on premises of manufacturers or importers of foodstuffs in order to check compliance with the provisions for Quantitative Ingredients Declaration. Samples could be taken in addition to the inspections in order to determine the quantity of an ingredient or category of ingredients.

The results of the control should be recorded on the record sheet in Annex I.

B. Bacteriological quality of smoked fish

1. Scope of the programme

There is no Community legislation fixing specific microbiological standards for smoked fish. Experience shows that a considerable percentage of these products may be contaminated by pathogenic micro-organisms, including Listeria monocytogenes, and that the adoption of new techniques of production and processing may increase the risk of bacteriological contamination.

Listeria monocytogenes is known to cause foodborne outbreaks of listeriosis in humans, with potentially fatal consequences for susceptible categories of the population and therefore actions shall be taken to reduce the risk of human listeriosis from food consumption, in particular ready-to-eat food, such as smoked fish.

Certain measures may be adopted relating to the management of risk at the level of food business operators. Implementation of good hygiene practices and principles used to develop the HACCP (Hazard analysis and critical control points) system are important tools in ensuring food safety.

The aim of this element of the programme is to assess the level of contamination on smoked fish, specifically on smoked salmon, in particular as concerns Listeria monocytogenes and indicator organisms for faecal contamination. The programme should allow the assessment of the bacteriological quality of these products and possible risks for human health.

2. Method

The examinations should concern refrigerated and pre-packaged salmon and other hot or cold smoked fish. The competent authorities of the EFTA States should take samples of products at retail level, possibly close to the date of minimum durability. In those countries with important volumes of production it is recommended to take samples also at the site of production (raw material and/or finished products). These samplings should be in the form of samples, from the same lot, comprising, when possible, five units of one hundreds grams minimum each and the product should be kept in its original packaging. Products should be refrigerated as soon as samples have been taken and they should be sent immediately, in this state, to the laboratory.

The level of sampling is left to the judgement of the competent authorities of the EFTA States. In this regard, volume and characteristics of production, trade and consumption patterns are important factors to be taken into account.

Laboratories are allowed to use methods of their choice provided their level of performance matches the aims to be achieved. However, for detection and enumeration of Listeria monocytogenes, it is recommended to use the most recent version of standard EN/ISO 11290-1 and EN/ISO 11290-2. Additional equivalent methods recognised by competent authorities may also be used.

The results of the control should be recorded on the record sheet in Annex II. In the case of sampling at the site of production a separate record sheet should be used.

This Recommendation is addressed to Iceland, Liechtenstein and Norway.

Done at Brussels, 2 July 2001.

For the EFTA Surveillance Authority

Hannes Hafstein

College Member

(1) Hereinafter referred to as Directive 89/397.

(2) Hereinafter referred to as Directive 93/99.

(3) OJ L 109, 6.5.2000, p. 29.

(4) The Directive is not yet incorporated into the EEA Agreement, but the provisions of the Directive are the same as in Directive 79/112/EEC, as amended, and as incorporated into the EEA Agreement.

ANNEX I

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ANNEX II

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