2003/460/EC: Commission Decision of 20 June 2003 on emergency measures regarding hot chilli and hot chilli products (Text with EEA relevance) (notified under document number C(2003) 1970)
Date: 2003-06-20
Institutions: European Commission
Subjects: consumer protection, dyestuff, food inspection, fruit vegetable, import restriction

L 154/114

EN

Official Journal of the European Union

21.6.2003

COMMISSION DECISION

of 20 June 2003

on emergency measures regarding hot chilli and hot chilli products

(notified under document number C(2003) 1970)

(Text with EEA relevance)

(2003/460/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 178/2002 of
the
European Parliament and of the Council of 28 January 2002
laying down the general principles and requirements of food
law, establishing the European Food Safety Authority and
laying down procedures in matters of food safety (1), and in
particular Article 54 thereof,

Whereas:

Under Regulation (EC) No 178/2002 the Commission is
to suspend the placing on the market or use of a food or
feed that is likely to constitute a serious risk to human
health, and take any other appropriate interim measure
when such risk cannot be contained satisfactorily by
taken by the Member States
means of measures
concerned.

(8)

(9)

On 9 May 2003, France sent information through the
rapid alert system for food and feed relating to discovery
of the dye Sudan red 1 in hot chilli products originating
from India. There is no evidence that products of
Community origin are concerned by such findings

Available experimental data indicate that Sudan red 1
may be a genotoxic carcinogen.
therefore, not
possible to establish a tolerable daily intake. Sudan red 1
may also exert sensitising effects by dermal route or
inhalation. It has also been classified as a category 3
carcinogen by the International Agency for Research on
Cancer (IARC).

is,

It

Given the seriousness of the health threat, it is necessary
to extend the measures taken by France to the whole
Community. Moreover, account should be taken of
potential
triangular trade, especially for products for
which there is no official certification of origin. In order
to protect public health, it is appropriate to require that
consignments of hot chilli and hot chilli products
form,
imported into the Community in whatever
intended for human consumption, should be accompa-
nied by an analytical report provided by the importer or
food business operator concerned demonstrating that
the consignment does not contain Sudan red 1. For the
same reason, Member States shall carry out random
sampling and analysis of hot chilli and hot chilli
products at import or already on the market.

It is appropriate to order the destruction of adulterated
hot chilli and hot chilli products to avoid their introduc-
tion into the food chain.

Since the measures provided for in this Decision have an
impact on the control resources of the Member States,
the results of these measures should be evaluated at the
latest after 12 months in order to assess whether they
are still necessary for the protection of public health.

(10)

This evaluation should take account of the results of all
analyses carried out by the competent authorities.

(11)

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

Therefore the findings reported by France point to an
adulteration constituting a serious health risk.

HAS ADOPTED THIS DECISION:

On 5 June 2003, in the light of the possible extent of
the problem, France adopted interim protective measures
and informed the Commission thereof.

Accordingly,
the matter
the Commission must put
before the Standing Committee on the Food Chain and
Animal Health within 10 working days of the measures
having been adopted by France, with a view to the
extension, amendment or abrogation of
the national
interim protective measures.

(1) OJ L 31, 1.2.2002, p. 1.

Article 1

Scope

This Decision applies to the following hot chilli and hot chilli
products, in whatever form, intended for human consumption:

— Fruits of

the genus Capsicum, dried and crushed or

ground within CN code 0904 20 90.

(1)

(2)

(3)

(4)

(5)

(6)

21.6.2003

EN

Official Journal of the European Union

L 154/115

Article 2

Conditions for import of hot chilli and hot chilli products

1. Member States shall prohibit the import of hot chilli and
hot chilli products defined in Article 1 unless an analytical
report accompanying the consignment demonstrates that the
product does not contain Sudan red 1 (CAS Nr 842-07-09).

The competent authorities in the Member States shall
2.
check that each consignment of hot chilli and hot chilli
products presented for importation is accompanied by a report
as provided for in paragraph 1.

Article 4

Splitting of a consignment

If a consignment is split, a certified copy of the analytical
report provided for in Article 2(1) shall accompany each part
of the split consignment.

Article 5

Adulterated consignments

Products referred to in Article 1 that are found to contain
Sudan red 1 shall be destroyed.

Article 6

Recovery of costs

In relation to Article 2(1), (3) and Article 5, costs resulting from
analysis, storage and eventual destruction shall be borne by the
importers or food business operators concerned.

Article 7

Review of the measures

This Decision shall be reviewed by 20 June 2004 at the latest.

Article 8

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 20 June 2003.

For the Commission

David BYRNE

Member of the Commission

In the absence of such an analytical report, the importer
3.
established in the Community shall have the product tested to
demonstrate that it does not contain Sudan red 1. Pending
availability of
the product shall be
detained under official supervision.

the analytical

report,

Article 3

Sampling and analysis

1. Member States shall take appropriate measures, including
random sampling and analysis of hot chilli and hot chilli
products presented for importation or already on the market in
order to verify the absence of Sudan red 1. They shall inform
the Commission of positive (unfavourable) results through the
rapid alert system for food and feed. Negative (favourable)
results shall be reported to the Commission on a three-monthly
shall be submitted during the month
basis. This
following each quarter (1).

report

2.
Any consignment subjected to official sampling and
analysis may be detained before release onto the market for a
maximum period of 15 working days.

(1) April, July, October, January.