2006/694/EC: Commission Decision of 13 October 2006 prohibiting the placing on the market of curd cheese manufactured in a dairy establishment in the United Kingdom (notified under document number C(2006) 4877)   (Text with EEA relevance)
Date: 2006-10-13
Institutions: European Commission
Subjects: United Kingdom, cheese, food safety, foodstuffs legislation, marketing restriction

14.10.2006

EN

Official Journal of the European Union

L 283/59

COMMISSION DECISION

of 13 October 2006

prohibiting the placing on the market of curd cheese manufactured in a dairy establishment in the
United Kingdom

(notified under document number C(2006) 4877)

(Text with EEA relevance)

(2006/694/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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
and laying down
the European Food Safety Authority
food safety (1), and in particular
procedures in matters of
Article 53(1)(a) thereof,

Whereas:

(1)

(2)

Under Article 53(1) of Regulation (EC) No 178/2002,
where a food is likely to constitute a serious risk to
human health and that risk cannot be contained satisfac-
torily by means of measures taken by the Member States
concerned the Commission is to suspend the placing on
the market or use of that food and adopt any other
appropriate interim measure.

the

Regulation (EC) No 852/2004 of
European
Parliament and of the Council of 29 April 2004 on
the hygiene of foodstuffs (2) lays down general rules for
food business operators on the hygiene of foodstuffs.
European
Regulation (EC) No 853/2004 of
the Council (3)
lays down specific
Parliament and of
hygiene rules for food of animal origin. It specifies the
rules applicable to the raw materials that may be placed
on the market and therefore used in the manufacture of
dairy products. For the purpose of
those rules, dairy
products
are processed products derived from the
processing of raw milk or from the further processing
of such processed products.

the

(3)

Section IX, Chapter I, Part III, point 4 of Annex III to
Regulation (EC) No 853/2004 lays down the conditions

(1) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission

Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

(2) OJ L 139, 30.4.2004, p. 1; corrected by OJ L 226, 25.6.2004, p. 3.
(3) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004,

p. 22.

those provisions,

to be complied with when producing and placing raw
milk on the market. Under
food
business operators in the dairy sector are not allowed
to place on the market raw milk containing levels of
exceeding
antibiotic
laid down in
Annexes
to Council Regulation (EEC) No
2377/90 of 26 June 1990 laying down a Community
procedure for the establishment of maximum residue
limits of veterinary medicinal products in foodstuffs of
animal origin (4).

residues
I and III

those

(4)

(5)

(6)

Milk which does not meet
those standards must be
disposed of as an animal by-product of Category 2 as
the
laid down in Regulation (EC) No 1774/2002 of
European Parliament and of the Council of 3 October
2002 laying down health rules concerning animal by-
products not intended for human consumption (5).

to comply with those requirements,

In order
food
business operators in the dairy sector carry out rapid
screening tests on milk before placing it on the market.
Those tests are aimed at determining the presence of
antibiotic residues and have been designed to provide
positive results when such residues are close to the
maximum residue limit, but do not quantify the actual
level of residues present. Under those circumstances, only
a test identifying and quantifying the antibiotic residues
can demonstrate that the maximum residue limit is not
exceeded. If such a confirmatory test is not carried out,
is
milk showing a positive result of a screening test
deemed to be unsafe.

During an inspection mission carried out in the United
Kingdom by the Food and Veterinary Office (FVO) of the
Commission from 31 May to 13 June 2006, evidence
was repeatedly received that raw milk not complying
with the hygiene requirements was placed on the
market and dispatched to an approved food esta-
blishment preparing dairy products intended for human
consumption.

(4) OJ L 224, 18.8.1990, p. 1. Regulation as

(EC) No 1231/2006 (OJ

last amended by
L 225,

Commission Regulation
17.8.2006, p. 3).

(5) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 208/2006 (OJ L 36, 8.2.2006,
p. 25).

L 283/60

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Official Journal of the European Union

14.10.2006

(7)

(8)

(9)

An on-site visit by the FVO took place on 9 June 2006
at
the premises of Bowland Dairy Products Limited,
located at Fulshaw Hoad Farm, Barrowford, Lancashire
BB9 6RA (‘Bowland’) and approved under number UK
PE 023. According to the Commission’s information,
that operator exports virtually all its production of curd
cheese to other Member States.

That visit revealed that the raw materials used to manu-
facture curd cheese included raw milk sent by the major
milk collectors in the United Kingdom and downgraded
for reasons such as: the presence of antibiotic residues
detected after a screening test, milk-water mixture
resulting from the cleaning of pipes in dairy plants
(‘interface milk’),
with detergents
and disinfectants
contamination with dyes, surplus heat-treated drinking
milk in packages collected from retail establishments.
According to the company documentation, such milk
was variously classified as ‘reclaim milk’,
‘waste milk’,
milk ‘not fit for human consumption’ or milk accom-
panied by certificates of analysis stating in what way
the milk was defective.

the

vacuum-packaging

It also emerged from the visit that a second activity
involved
non-compliant
cheese derived from mouldy cheese or cheese containing
foreign bodies, such as rubber gloves. According to the
company documentation, such material was variously
classified as ‘waste’, ‘contaminated cheese’ or ‘floor waste’.

of

(10) An audit at Bowland's premises was carried out by the
United Kingdom Food Standards Agency on 20 June
2006. The establishment was not operating at
that
time. Curd cheese production resumed on 26 June 2006.

(11)

(12)

of

the

Since the on-site visit of 9 June 2006, the Commission
has repeatedly informed the United Kingdom authorities
of its concerns as to the risks to human health of the
practice in question and has on several occasions
issues linked to its
discussed with them the technical
assessment
the
particular,
In
situation.
Commission and the United Kingdom authorities met
on 4 July 2006 and held an audioconference on 18
July 2006 to discuss those matters. A further audio-
conference was held on 14 September 2006, in which
representatives of the Community Reference Laboratory
on antibiotic residues also took part. In consequence, the
United Kingdom authorities informed the Commission
by letter of 15 September 2006 that they had reviewed
leading the Commission to
their position on the tests,
believe
action
they would take
forthwith. However, they have failed to do so.

requisite

that

the

FVO conducted a

The
at
Bowland's premises on 26 and 27 September 2006 to

second inspection visit

check the new operational procedures which had been
put in place after the first FVO inspection and the audit
by the FSA. The FVO inspectors noted that since 26 June
2006, the UK competent authorities have not checked on
the operational conditions communicated to
site that
Bowland had been met. Among new problems such as
the unhygienic mechanical bursting of milk packages, the
visit also confirmed that the use of milk not complying
with the hygienic requirements laid down in Community
legislation is still taking place. In particular, the estab-
is still receiving and using milk which has
lishment
been tested positive for
the presence of antibiotic
residues before being placed on the market where it
has not been demonstrated that such residues do not
exceed the maximum residue limits laid down in Regu-
lation (EEC) No 2377/90.

In accordance with Article 17(2) of Regulation (EC) No
178/2002, Member States are to enforce food law, and
monitor and verify that the relevant requirements of food
law are fulfilled by food and feed business operators at all
stages of production, processing and distribution. For
that purpose, they are required to maintain a system of
official controls and other activities as appropriate to the
circumstances, including public communication on food
and feed safety and risk, food and feed safety surveillance
and other monitoring activities covering all stages of
production, processing and distribution.

It is clear from the facts in this case that the UK autho-
rities have repeatedly failed to comply with their control
obligation. It is therefore the Commission's intention to
initiate shortly an infringement procedure under Article
226 of the Treaty. The Commission also intends to apply
for
considered
necessary in order
soon as possible
to restore as
adequate controls on the dairy sector by the UK autho-
rities.

interim measures

that may be

the

it

In the meantime, however,
the
Commission to adopt emergency measures in order to
address the immediate and serious risk to human health
that is caused by the current presence on the Community
market of products originating from Bowland.

is necessary for

Raw milk containing antibiotic substances in excess of
the maximum residue limits laid down in Community
legislation is unfit for human consumption and unsafe
having regard to the fact that such maximum limits are
based on the type and amount of residues considered to
be without any toxicological hazard to human health.
Because of the properties of the active substances used
in veterinary medicines, account must be taken not only
of the toxicological properties of the substances in the

(13)

(14)

(15)

(16)

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Official Journal of the European Union

L 283/61

narrow sense (such as teratogenic, mutagenic or carci-
nogenic effect) but also of their pharmaceutical prop-
erties. Moreover, a significant percentage (1 % to 10 %)
of the population are hypersensitive to penicillin, other
antibiotics and metabolites thereof, and even at very low
concentrations suffer allergic reactions (such as skin
rashes, hives, asthma or anaphylactic shock).

(17)

for

food-producing animals

In addition, antimicrobial resistance of zoonotic bacteria
isolated from foodstuffs is an increasing public health
concern. There is clear evidence that the use of anti-
biotics
impacts on the
occurrence of resistant bacteria in animals and in food
and human exposure to these resistant bacteria results in
adverse human health consequences. Evidence shows that
the food-borne route is the major transmission pathway
for resistant bacteria from food-producing animals to
humans.

(18) A practice such as that in place at the establishment of
Bowland of using milk which has been tested positive for
the presence of antibiotic residues before being placed on
the market where it has not been demonstrated that such
residues do not exceed the maximum residue limits laid
down in Regulation (EEC) No 2377/90 is likely to
constitute a serious risk to human health. Chemical
substances such as antibiotics and metabolites thereof
are not destroyed whatever treatment is applied. As a
result, products processed by Bowland with milk
containing such substances necessarily contain quantities
of residues which raise the same safety issue.

(19)

(20)

This issue was brought to the attention of the Member
States on several occasions, in particular during meetings
of
the Standing Committee on the Food Chain and
Animal Health on 18 July 2006 and 18 September
2006 and during a special working party meeting on 7
September 2006. All Member States with the exception
the United Kingdom supported the Commission’s
of
assessment.

its

The Commission informed Bowland by letter dated 4
October 2006 of
intention to submit a draft
Decision on the basis of Article 53 of Regulation (EC)
No 178/2002 to the Standing Committee on the Food
Chain and Animal Health. Bowland replied to the
Commission by letter dated 5 October and by email
dated 6 October. They reiterated the establishment’s
position on the issue of
the presence of antibiotic
residues in milk and did not supply new elements that
could demonstrate that the risk for public health posed
by the products concerned had disappeared.

(21)

(22)

(23)

(24)

the presence of

in view in
The Commission consequently considers,
particular of the result of the last inspection visit of
the FVO on 26 and 27 September 2006 and taking
into account
in several
the product
the risk cannot be satisfactorily
Member States,
contained unless Community-wide measures are taken,
including the prohibition on the placing on the market
of those products. Because of the seriousness of the risk
to human health,
those measures must apply imme-
diately.

that

The measures provided for in this Decision will be
reviewed as soon as new information is made available
in
showing that
particular on the basis of measures taken by the UK
authorities.

there is no risk to human health,

The Commission will consider taking further action if
evidence is provided that similar practices occur
in
other establishments.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

Member States shall prohibit the placing on the market of all
curd cheese manufactured by Bowland Dairy Products Limited
approved under the number UK PE 23 and located at Fulshaw
Hoad Farm, Barrowford, Lancashire BB9 6RA and shall trace,
detain and dispose of all remaining quantities of curd cheese of
that origin.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 13 October 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission