Recommendation of the EFTA Surveillance Authority

of 5 March 2002

on a coordinated programme for the official control of foodstuffs for 2002

(2002/C 216/05)

THE EFTA SURVEILLANCE AUTHORITY,

HAVING REGARD to the Agreement on the European Economic Area (EEA), in particular Article 109 and Protocol 1 thereof,

HAVING REGARD to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, 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 (Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs)(1), 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 designed to improve the official controls by the EEA States.

(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/EEC to comply with the criteria in the European standard EN 45000 series, now replaced by EN ISO 17025:2000.

(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 concerning a coordinated programme for the official control of foodstuffs for 2002, has recommended that Member States apply a corresponding control programme. However, the Community control programme also includes monitoring of compliance with Community rules on labelling of certain foodstuffs that can contain ingredients, which may contain, consist of, or be produced from genetically modified organisms (GMOs). This part of the Community programme is not included in the Recommendation to the EFTA States since the relevant labelling rules have not yet been incorporated into the EEA Agreement,

HEREBY RECOMMENDS THE EFTA STATES TO:

1. During 2002, carry out inspections and controls including, where indicated, taking samples and analysing such samples in laboratories, with the aim of:

- assessing the bacteriological safety of pre-cut fresh fruits and vegetables and of sprouted seeds,

- assessing the bacteriological safety of fruit and vegetable juices.

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 Annexes to this Recommendation to help enhance the comparability of results. This information should be sent to the EFTA Surveillance Authority by 1 May 2003 accompanied by an explanatory report.

4. Foodstuffs submitted for analysis under this programme should be submitted to laboratories complying with the provisions of Article 3 of Directive 93/99/EC.

SCOPE AND METHODS

A. Bacteriological safety of pre-cut fresh fruits and vegetables and of sprouted seeds

1. Scope of the programme

There is no EEA legislation fixing specific microbiological criteria for fresh fruits and vegetables. Experience shows that there is potential for a wide range of these products to become contaminated with micro-organisms, including human pathogens. Most of the reported outbreaks have been associated with bacterial contamination, particularly members of (Enterobacteriaceae Salmonella spp., Escherichia coli O157:H7).

Certain factors contribute to the microbiological contamination with pathogens, particularly when fruits and vegetables are eaten raw. These pathogens can derive from agricultural practices or from other processes along the production chain. Another aspect contributing to the microbial risk for consumers is the increasing consumption of new products (e.g. sprouted seeds) or fruits and edible plants imported as a part of the globalisation of the trade in these commodities. Additionally, the application of technologies such as cutting, slicing, skinning and shredding, remove the natural protective barriers of the intact plant and open the possibility for providing a suitable medium for the growth of contaminants.

Good agricultural practices and good manufacturing practices can help control microbial hazards associated with all stages of the production of fresh fruits and vegetables, from primary production to packing and trade. The effective implementation of the HACCP (hazard analysis and critical control points) principles, where applicable, according to Council Directive 93/43/EEC on the hygiene of foodstuffs(3), is another important element to ensure safety of fruits and vegetables.

The aim of this element of the programme is to assess the microbiological safety of pre-cut fresh fruits and vegetables and of sprouted seeds to monitor possible risks for human health. In view of this it is recommended to verify the application of the HACCP principles by food operators and test for some pathogens such as Salmonella spp., toxigenic E.coli (in particular E.coli O157:H7) and Listeria monocytogenes.

2. Sampling and method of analysis

The verifications should concern ready to eat fresh fruits and vegetables that have been peeled, cut or otherwise physically altered from their original form intended to be consumed raw, and sprouted seeds.

The competent authorities of the EFTA States should carry out controls at the level of establishments of production and/or at retail level in order to verify the application of the HACCP principles including, where indicated, taking samples of products for analysis. These samples shall be of one hundred grams minimum each and the product shall be kept in its original packaging. Samples should be placed in refrigerated containers and sent immediately to the laboratory for analysis.

The overall level of sampling is left to the judgement of the competent authorities of the EFTA States.

Laboratories are allowed to use a method of their choice provided that its level of performance matches the aims to be achieved. However, the most recent version of standard ISO 6579 is recommended for the detection of Salmonella, the most recent version of standard EN/ISO 16654 is recommended for the detection of toxigenic E.coli and the most recent versions of standards EN/ISO 11290-1 and EN/ISO 11290-2 are recommended for detection and enumeration of Listeria monocytogenes. Additional equivalent methods recognised by competent authorities may also be used.

The results of the controls should be recorded on the record sheet model provided in Annex I to this Recommendation.

B. Bacteriological safety of fruit and vegetable juices

1. Scope of the programme

As for fresh fruits and vegetables, there are no specific microbiological standards for juices in the EEA legislation. The Council Directive 93/43/EEC on the hygiene of foodstuffs requires juice to be manufactured in a hygienic way and requests food operators to apply the HACCP principles for ensuring the safety and wholesomeness of their products. Food operators are also encouraged to develop and implement on a voluntary basis a code of practice outlining ways to minimise the contamination of fruit while it is being grown, harvested, stored and processed to make juice and to minimise the contamination of fruit juice concentrate while it is being stored, transported or restored into juice for consumption.

The experience in this sector shows that all juices (fruit and vegetable) have the potential to be contaminated with microbiological hazards, in particular juice that has not undergone any form of heat treatment. While it is recognised that there is a low probability for juice being contaminated with dangerous pathogens, the consequences, if it is, can be severe for at-risk groups. Most of the reported outbreaks have been associated with pathogens such as Salmonella spp., Escherichia coli O157:H7.

The aim of this element of the programme is to assess the bacteriological safety of fruit and vegetable juices and to monitor possible risks for human health. In view of this it is recommended to verify the application of the HACCP principles by food operators and to test for some pathogens such as Salmonella spp., toxigenic E. coli (in particular E. coli O157:H7) and Listeria monocytogenes.

2. Sampling and method of analysis

The verifications should concern fruit and vegetable juices, in particular apple and citrus juices, which have not been pasteurised.

The competent authorities of the EFTA States should carry out controls at the level of establishments of production and/or at retail level in order to verify the application of the HACCP principles including, where indicated, taking samples of products for analysis. For the sampling and methods of analysis it is recommended to apply the same criteria as indicated in point 2 of paragraph A for fresh fruits and vegetables.

The results of the controls should be recorded on the record sheet model provided in Annex II to this Recommendation.

This Recommendation is addressed to Iceland, Liechtenstein and Norway.

Done at Brussels on 5 March 2002.

For the EFTA Surveillance Authority.

Bernd Hammermann

College Member

Peter Dyrberg

Director

(1) OJ L 186, 30.6.1989, p. 23. Hereinafter referred to as Directive 89/397/EEC.

(2) OJ L 290, 24.11.1993, p. 14. Hereinafter referred to as Directive 93/99/EC.

(3) OJ L 175, 19.7.1993, p. 1.

ANNEX I

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ANNEX II

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