Recommendation of the EFTA Surveillance Authority No 54/04/COL of 30 March 2004 concerning a coordinated programme for the official control of foodstuffs for 2004
Date: 2004-03-30
Institutions: EFTA Surveillance Authority
Subjects: EFTA, aromatic plant, cheese, food inspection, food safety, foodstuff, frozen product, poultrymeat

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II

(Acts whose publication is not obligatory)

EUROPEAN ECONOMIC AREA

EFTA SURVEILLANCE AUTHORITY

RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

No 54/04/COL

of 30 March 2004

concerning a coordinated programme for the official control of foodstuffs for 2004

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic
Area (EEA), and 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, and in particular Article 5(2)(b) and Protocol 1 thereof,

to the EEA Agreement

Having regard to the Act referred to at point 50 of Chapter XII
(Council Directive
of Annex II
89/397/EEC of 14 June 1989 on the official control of food-
stuffs (1)), as adapted to the EEA Agreement by Protocol 1
thereto, and in particular Article 14(3) thereof,

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

Whereas:

(1)

(2)

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 harmonised implementation of
the
official controls by the EEA States.

Such programmes should place emphasis on compliance
with the foodstuffs legislation in force under the EEA
Agreement, which is particularly designed to protect

(1) OJ L 186, 30.6.1989, p. 23.

(3)

(4)

(5)

public health and consumer interests, and to ensure fair
trade practices.

Article 3 of the Act referred to at point 54n of Chapter
XII of Annex II to the EEA Agreement (Council Directive
93/99/EEC of 29 October 1993 on the subject of addi-
tional measures concerning the official control of food-
stuffs (2)) requires the laboratories referred to in Article 7
of Directive 89/397/EEC to comply with the criteria set
out in European Standard EN 45000 series, now replaced
by EN ISO 17025:2000.

The results from the simultaneous implementation of
national programmes and coordinated programmes may
provide information and experience on which to base
future control activities and legislation.

Iceland and Liechtenstein in the
The participation of
programmes in parts A and B of
this
Recommendation will have to be evaluated with respect
to their exemptions from Chapter I of Annex I to the
EEA Agreement,

the scope of

HEREBY RECOMMENDS TO THE EFTA STATES:

1. During 2004,

to carry out

including, where indicated,
such samples in laboratories, with the aim of:

inspections

and controls
taking samples and analysing

— assessing the bacteriological safety of cheeses made from

raw or thermised milk,

(2) OJ L 290, 24.11.1993, p. 14. Directive as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

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— assessing the bacteriological safety of fresh refrigerated
poultry meat as regards thermophilic Campylobacter,

— assessing the bacteriological and toxicological safety of

spices.

2. Although sampling and/or inspection rates are not set out in
those rates are
the subject under

to provide an overview of

to ensure that

this Recommendation,
sufficient
consideration.

in order

to promote a high level of
thermised milk,
consumer protection and to collect
information on the
prevalence of pathogenic and indicator micro-organisms in
those products. This
investigation concerns a one-year
programme and will be followed up, during its second
year, by a wider programme on the bacteriological safety
of cheeses. The purpose of
this wider programme is to
establish the baseline contamination in other categories of
cheeses in order to be able to draw meaningful conclusions
on the specific risk of raw or thermised milk cheeses. The
results of
this part on raw and
thermised milk cheeses will be analysed and provided
taking account of the results of the general overview in
this sector becoming available after the second year.

the investigations of

3. To provide information as requested following the format of
the record sheets set out in the Annexes to help enhance the
comparability of results. This information should be sent to
the EFTA Surveillance Authority at the latest by 1 May 2005
accompanied by an explanatory report which should include
comments on the results and on the enforcement measures
taken.

4. Foodstuffs to be analysed under this programme should be
submitted to laboratories complying with Article 3 of
Directive 93/99/EEC. However, if such laboratories do not
exist in the EFTA States for certain analysis included in this
Recommendation, the States may nominate other labora-
tories providing the capacity to carry out these analyses.

SCOPE AND METHODS

A. Bacteriological safety of cheeses made from raw or
thermised milk

1. Scope of the programme

Contaminated cheeses made from raw or thermised milk
have been responsible for outbreaks of food poisoning in
types of bacteria such as Salmonella,
humans by several
Listeria monocytogenes, verotoxigenic Escherichia
and
Staphylococcal enterotoxins.

coli

A long tradition of production and consumption of raw milk
cheeses exists in the EEA. In order to continue this tradition
while ensuring food safety, considerable improvements have
been made in the system of production, collection and
storage of raw milk used for the production of cheeses.
Particular
concerned food
operators in terms of hygiene and control along the entire
process of production.

attention is paid by

the

2. Sampling and method of analysis

level,

these products, both at

The investigations should concern fresh, soft and semi-hard
cheeses made from raw or thermised milk. The competent
the EFTA States should take representative
authorities of
the production level
samples of
and the retail
including imported products, with a
view to testing for the presence of Salmonella, Listeria mono-
cytogenes and thermophilic Campylobacter and enumeration of
Staphylococcus aureus and Escherichia coli.
If Listeria monocy-
togenes is detected, the number of these bacteria should be
enumerated. When samples are taken at retail
level, tests
may be limited to the presence of Salmonella and thermo-
philic Campylobacter and enumeration of Listeria monocy-
togenes. The samples, of 100 g minimum each or of one
cheese if less than 100 g, should be handled hygienically,
placed in refrigerated containers and sent immediately to the
laboratory for analysis.

Laboratories should be allowed to use a method of their
choice provided that its level of performance matches the
aim to be achieved. However, the most recent version of
standard ISO 6785 or EN/ISO 6579 is recommended for
the detection of Salmonella,
the most recent versions of
standards EN/ISO 11290-1 and 2 are recommended for
detection of Listeria monocytogenes, the most recent version
of ISO 10272:1995 is recommended for the detection of
thermophilic Campylobacter,
recent version of
EN/ISO 6888-1 or 2 is recommended for the enumeration
of Staphylococcus aureus and the most recent version of
standard ISO 11866-2,3 or ISO 16649-1,2 is recommended
for the enumeration of Escherichia coli. Additional equivalent
methods recognised by competent authorities may also be
used.

the most

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

The aim of this element of the programme is to investigate
the microbiological safety of cheeses made from raw or

The results of the controls should be recorded on the model
record sheet set out in Annex I.

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B. Bacteriological safety of fresh refrigerated poultry meat
as regards thermophilic Campylobacter

C. Bacteriological and toxicological safety of spices

1. Scope of the programme

1. Scope of the programme

Thermophilic Campylobacter are a leading bacterial cause of
food-related illness in humans. The number of reported
human cases have been rising during recent years and epide-
miological studies show that poultry meat is an important
source of infection and that a significant proportion of fresh
poultry meat for human consumption is contaminated with
these bacteria.

There is currently not enough scientific information to set a
criterion in the legislation in force under the EEA Agreement
for Campylobacter and further studies are under development
to further understand the epidemiology of this pathogen and
the role played by other animal products and other food in
general.

The aim of this element of the programme is to assess the
microbiological safety of fresh poultry meat for Campylobacter
in order to promote a high level of consumer protection and
to collect information on the prevalence of these bacteria in
such products.

sources of

the primary

Spices, herbs and vegetables seasonings (spices) are valued
for their distinctive flavours, colour and aromas. However,
spices may contain high numbers of micro-organisms,
including pathogenic bacteria, moulds and yeasts.
If not
properly treated, they can result in rapid deterioration of
food they are supposed to enhance. Spices have been
reported to be
food borne
outbreaks when added to food where further growth of
the pathogens was possible. This possibility is greater
when spices are used in food which may not be thoroughly
treated. The contamination with certain strains of
heat
moulds can also result in the production of toxins, such as
aflatoxins which, if they exceed the levels laid down in the
Act referred to at point 54zn of Chapter XII of Annex II to
the EEA Agreement
(Commission Regulation (EC) No
466/2001 of 8 March 2001 setting maximum levels for
certain contaminants in foodstuffs (1)), can provoke serious
risks for consumers' health.

The aims of this element of the programme are to assess the
bacteriological and toxicological safety of spices, to collect
information on the prevalence of pathogenic micro-
organisms and to verify that spices placed on the market
do not exceed the limits of aflatoxins established in the
legislation in force under the EEA Agreement, in order to
ensure a high level of consumer protection.

2. Sampling and method of analysis

2. Sampling and method of analysis

The investigations should concern fresh refrigerated poultry
in particular chicken and turkey. The competent
meat,
authorities of
the EFTA States should take representative
samples of these products, both at the slaughterhouse level
and the retail level, including imported products, with a view
to testing for the presence of thermophilic Campylobacter. The
samples, of 10 g each taken from neck skin before carcasses
are chilled or, when samples are taken at retail level, 25 g or
25 square centimetres from breast meat, should be handled
hygienically, placed in refrigerated containers and sent imme-
diately to the laboratory for analysis. In addition, for a better
comparability of results, it is recommended to carry out the
sampling during the period from May to October.

Laboratories should be allowed to use a method of their
choice provided that its level of performance matches the
aim to be achieved. However, the most recent version of
standard ISO 10272:1995 is
the
detection
Additional
equivalent methods recognised by competent authorities
may also be used.

recommended

Campylobacter.

thermophilic

for

of

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

samples of

The competent authorities of the EFTA States should take
representative
at
production level/packing establishments, at wholesale level,
in establishments using spices in the preparation of food,
and at retail level, with a view to testing for:

import

spices

level,

at

(a)

the count of Enterobacteriaceae, the presence of Salmonella
and Clostridium
and enumeration of Bacillus
perfringens.

cereus

its

similar

irradiation or other

is used as an indicator

for
Enterobacteriaceae count
treatments of
possible
spices. The samples, of 100 g minimum each or one
package if less than 100 g, should be handled hygie-
nically and sent
immediately to the laboratory for
analysis. Laboratories are allowed to use a method of
level of performance
their choice provided that
matches the aim to be achieved. However,
the most
recent version of standard ISO 6579:2002 is recom-
mended for
the most
recent version of standard EN ISO 5552:1997 is recom-
the
mended for the enumeration of Enterobacteriaceae,
recent version of standard ISO 7932:1993 is
most
recommended for
cereus
and
ISO
7937:1997 is recommended for the enumeration of
Clostridium perfringens. Additional equivalent methods
recognised by competent authorities may also be used.

the enumeration of Bacillus
standard
recent

the detection of Salmonella,

version of

the most

The results of these controls should be recorded on the
model record sheet set out in Annex II.

(1) OJ L 77, 16.3.2001, p. 1. Regulation as amended by Regulation (EC)

No 857/2005 (OJ L 143, 7.6.2005, p. 9).

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depending on the size of the lot to be controlled.

The overall
judgement of
States.

level of sampling should be left
the competent authorities of

to the
the EFTA

The results of the following controls should be recorded
on the model record sheet set out in Annex IV to this
Recommendation.

This Recommendation is addressed to Iceland, Liechtenstein and
Norway.

Done at Brussels, 30 March 2004.

For the EFTA Surveillance Authority

Bernd HAMMERMANN
College Member

The overall
judgement of
States.

level of sampling should be left
the competent authorities of

to the
the EFTA

The results of the following controls should be recorded
on the model record sheet set out in Annex III, Section 1
and 2;

(b) the levels of aflatoxins in spices, which should not
exceed the maximum levels laid down in the legislation
in force under the EEA Agreement.

The sampling and analysis should be performed in
accordance with the Act referred to at point 54 of
Chapter XII of Annex II
to the EEA Agreement
(Commission Directive 98/53/EC of 16 July 1998
laying down the sampling methods and the methods
of analysis for the official control of
the levels for
certain contaminants in foodstuffs (1)). Pursuant to that
Directive, the sample size must be between 1 and 10 kg,

(1) OJ L 201, 17.7.1998, p. 93. Directive as last amended by Directive

2004/43/EC (OJ L 113, 20.4.2004, p. 14).

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ANNEX I

BACTERIOLOGICAL SAFETY OF CHEESES MADE FROM RAW OR THERMISED MILK

EFTA State: ____________________

Bacterial groups/criteria (1)

Sampling stage

Product identification

Number of
samples

Analysis results (2)

S

A

U

Measures taken
(number and kind) (3)

Salmonella spp.
n = 5 c = 0
Absent in 25 g

Thermophilic
Campylobacter
n = 5 c = 0
Absent in 25g

Staphylococcus aureus
n = 5 c = 2
m = 1 000 cfu/g
M = 10 000 cfu/g

Escherichia coli
n = 5 c = 2
m = 10 000 cfu/g
M = 100 000 cfu/g

Listeria monocytogenes
n = 5 c = 0
Absent in 25 g

Production

Retail

Production

Retail

Production

Retail

Production

Retail

Production

Retail

unripened soft (fresh) cheese

ripened soft cheese

semi-hard cheese

unripened soft (fresh) cheese

ripened soft cheese

semi-hard cheese

unripened soft (fresh) cheese

ripened soft cheese

semi-hard cheese

unripened soft (fresh) cheese

ripened soft cheese

semi-hard cheese

unripened soft (fresh) cheese

ripened soft cheese

semi-hard cheese

unripened soft (fresh) cheese

ripened soft cheese

semi-hard cheese

unripened soft (fresh) cheese

ripened soft cheese

semi-hard cheese

unripened soft (fresh) cheese

ripened soft cheese

semi-hard cheese

unripened soft (fresh) cheese

ripened soft cheese

semi-hard cheese

unripened soft (fresh) cheese

ripened soft cheese

semi-hard cheese

A P

≤ 100
cfu/g

> 100
cfu/g

(1) The number of samples to be taken may be reduced when sampling at retail
level. When a reduced sampling is made this should be indicated in the report.
(2) S = Satisfactory, A = Acceptable, U = Unsatisfactory, A = Absent, P = Present. As regards Staphylococcus aureus and Escherichia coli, the result is satisfactory if all the
values observed are < m, acceptable if maximum of c values are between m and M, and unsatisfactory if one or more values are > M or more than c values are
between m and M.

(3) For reporting enforcement measures it is recommended to use the following categories: verbal warning, written warning, improved in house control required, recall of

product required, administrative penalty, court action, other.

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ANNEX II

MICROBIOLOGICAL SAFETY OF FRESH POULTRY MEAT (AS REGARDS THERMOPHILIC
CAMPYLOBACTER)

EFTA State: ____________________

Bacterial
pathogens/
criteria (1)

Sampling stage

Product
identification

Number of
samples

Analysis results

Absent

Present

Measures taken
(number and
kind) (2)

Thermophilic
Campylobacter
n=5 c=0
Absent in 25 g

Production

Retail

Fowl/chicken

Turkey

Fowl/chicken

Turkey

(1) The number of samples to be taken may be reduced when sampling at retail level. When a reduced sampling is made this should be

indicated in the report.

(2) For reporting enforcement measures it is recommended to use the following categories: verbal warning, written warning, improved in

house control required, recall of product required, administrative penalty, court action, other.

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ANNEX III

SECTION 1

BACTERIOLOGICAL SAFETY OF SPICES

EFTA State: ____________________

Bacterial groups/criteria (1)

Sampling stage

Product identification

Number of
samples

Analysis results (2)

S

A

U

Measures taken
(number and kind) (3)

Import or production/
packaging or
wholesale

Salmonella spp.
n = 5 c = 0
Absent in 25 g

Establishment (using
large amount of spices
for food preparation)

Retail

Import or production/
packaging or
wholesale

Bacillus cereus
n = 5 c = 1
m = 1 000 cfu/g
M = 10 000 cfu/g

Establishment (using
large amount of spices
for food preparation)

Retail

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

(1) The number of samples to be taken may be reduced when sampling at retail
level. When a reduced sampling is made this should be indicated in the report.
(2) S = Satisfactory, A = Acceptable, U = Unsatisfactory. As regards Bacillus cereus and Clostridium perfringens the result is satisfactory if all the values observed are < m,

acceptable if maximum of c values are between m and M, and unsatisfactory if one or more values are > M or more than c values are between m and M.

(3) For reporting enforcement measures it is recommended to use the following categories: verbal warning, written warning, improved in house control required, recall of

product required, administrative penalty, court action, other.

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SECTION 2

BACTERIOLOGICAL SAFETY OF SPICES

EFTA State: ____________________

Bacterial groups/criteria (1)

Sampling stage

Product identification

Number of
samples

Analysis results (2)

S

A

U

Measures taken
(number and kind) (3)

Import or production/
packaging or
wholesale

Clostridium perfringens
n = 5 c = 1
m = 100 cfu/g
M = 1 000 cfu/g

Establishment (using
large amount of spices
for food preparation)

Retail

Import or production/
packaging or
wholesale

Enterobacteriaceae
n = 5 c = 1
m = 10 cfu/g
M = 100 cfu/g

Establishment (using
large amount of spices
for food preparation)

Retail

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

Capsicum spp.

Piper spp.

Nutmeg/ginger/curcuma

Other spices and herbs

(1) The number of samples to be taken may be reduced when sampling at retail
level. When a reduced sampling is made this should be indicated in the report.
(2) S = Satisfactory, A = Acceptable, U = Unsatisfactory. As regards Bacillus cereus and Clostridium perfringens the result is satisfactory if all the values observed are < m,

acceptable if maximum of c values are between m and M, and unsatisfactory if one or more values are > M or more than c values are between m and M.

(3) For reporting enforcement measures it is recommended to use the following categories: verbal warning, written warning, improved in house control required, recall of

product required, administrative penalty, court action, other.

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ANNEX IV

TOXICOLOGICAL SAFETY OF SPICES

EFTA State: ____________________

Sampling stage

Product identification

Number of
samples

Aflatoxin B1
(μg/kg)

Aflatoxin total
(μg/kg)

< 2

2-5

> 5

< 4

4-10

> 10

Analysis results

Measures
taken
(number and
kind) (1)

Import or
establishment for
packaging or
wholesaler

Establishment
(using large amount
of spices for food
preparation)

Capsicum spp.

Piper spp.

Nutmeg/ginger/
curcuma

Other spices and
herbs

Capsicum spp.

Piper spp.

Nutmeg/ginger/
curcuma

Other spices and
herbs

Retail

Capsicum spp.

Piper spp.

Nutmeg/ginger/
curcuma

Other spices and
herbs

(1) For reporting enforcement measures it is recommended to use the following categories: verbal warning, written warning, improved in

house control required, recall of product required, administrative penalty, court action, other.