COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the future necessity and use of mechanically separated meat in the European Union, including the information policy towards consumers
Date: 2010-12-02
Institutions: European Commission
Subjects: EU control, consumer information, disease prevention, health control, meat, public health

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EUROPEAN COMMISSION 

Brussels, 2.12.2010 
COM(2010) 704 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

on the future necessity and use of mechanically separated meat in the European Union, 
including the information policy towards consumers  

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

on the future necessity and use of mechanically separated meat in the European Union, 
including the information policy towards consumers  

TABLE OF CONTENTS 

1. 

2. 

3. 

4. 

4.1. 

4.2. 

4.3. 

4.4. 

4.5. 

5. 

5.1. 

5.2. 

5.3. 

Summary ...................................................................................................................... 3 

Introduction .................................................................................................................. 3 

Consultations................................................................................................................ 4 

EU Legislation in relation to mechanically separated meat......................................... 4 

Definition of mechanically separated meat.................................................................. 4 

Provisions on the species of origin............................................................................... 5 

Requirements for production establishments and raw materials.................................. 5 

Hygiene requirements during and after production ..................................................... 5 

Labeling requirements.................................................................................................. 5 

Evaluation of Production and Use of MSM................................................................. 6 

Production methods of MSM ....................................................................................... 6 

Amounts of MSM produced......................................................................................... 6 

Use of MSM................................................................................................................. 7 

5.3.1.  Member States.............................................................................................................. 7 

5.3.2.  Meat Industry ............................................................................................................... 8 

5.3.3.  Consumers.................................................................................................................... 8 

5.4. 

Intra-EU trade, import and export of MSM ................................................................. 8 

6. 

6.1. 

6.2. 

6.3. 

6.4. 

7. 

Implementation of the hygiene and labelling requirements on MSM.......................... 9 

Official controls ........................................................................................................... 9 

Food safety aspects ...................................................................................................... 9 

Implementation of the definition of MSM ................................................................. 10 

Labelling requirements for the two categories of MSM ............................................ 10 

Position of the Commission ....................................................................................... 11 

ANNEX I.................................................................................................................................. 12 

ANNEX II ................................................................................................................................ 14 

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1. 

SUMMARY 
In accordance with Article 9 of Regulation (EC) No 999/20011 (the TSE Regulation), 
the Commission is required to present a communication to the European Parliament 
and  the  Council  on  the  future  necessity  and  use  of  mechanically  separated  meat 
(MSM)  in  the  EU,  including  the  information  policy  towards  consumers.  MSM  is 
produced by removing remaining meat from flesh-bearing bones after the deboning 
or  from  poultry  carcasses.  The  production  of  MSM  may  be  a  tool  to  increase  the 
economic benefit from meat production recovery.  

This  Communication  provides  an  overview  of  the  specific  hygiene  and  labelling 
requirements  in  the  EU  legislation,  the  production  and  the  use  (including  the 
perception of consumers concerning the use of MSM). 

Methodologies used to produce MSM vary a lot, resulting in products which are very 
different  as  regards  visual  and  microscopic  (histological)  aspects  and  quality 
parameters. 

The total amount of MSM produced is close to 700 000 tonnes per year, in 2007 high 
pressure MSM represented 77% and low pressure MSM 23%. Regarding the species, 
88% of MSM is derived from poultry and 12% from pigs. Production of MSM from 
ruminants is banned due to the BSE legislation. The total value of the reported MSM 
production  can  therefore  be  estimated  between  400  and  900  million  Euro  per  year. 
20% of MSM produced in the EU is exported. Import is negligible. 

The Commission has no objections against the continued use of MSM, supported in 
general  by  Member  States  and  stakeholders  organisations.  Certain  difficulties  have 
been identified during the implementation of the hygiene and labelling requirements 
laid  down  in  the  EU  legislation,  mainly  in  relation  of  the  applicable  definitions.  In 
order  to  ensure  uniform  application  of  the  EU  law  and  fair  competition  on  the  EU 
market the Commission will provide a guidance document to better identify products 
that  need  to  be  considered  as  MSM  or,  if  appropriate,  propose  legislative 
amendments. 

In addition, the Commission considers that the current provisions on the labelling of 
MSM are appropriate and therefore should be maintained. 

2. 

INTRODUCTION 

Mechanically separated meat (MSM) is a product, obtained by removing remaining 
meat  from  bones  or  poultry  carcasses2  using  mechanical  means,  where  the  normal 
structure of the muscle fibre  is  mostly  lost  or  modified  in such  a  way  that it  is not 
comparable with regular meat. 

MSM is an important raw material used for the manufacturing of meat products and 
meat  preparations  and  its  production  can  be  an  important  tool  to  increase  the 
economic benefit from meat production. 

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2 

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying 
down  rules  for  the  prevention,  control  and  eradication  of  certain  transmissible  spongiform 
encephalopathies, as amended by Regulation (EC) No No 1923/2006. 
Mostly  commercialised  poultry  cuts  (e.g.  breast,  legs,  wings)  are  removed  by  other  means  such  as 
cutting before the remaining carcase is subjected to mechanical separation. 

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However, potential public health concerns linked to the specific production method, 
including a potential BSE risk, have been identified in the past. The use of ruminant 
bones as raw material for the production of MSM is banned in the EU since 2001. In 
2006, in the  framework  of the review of the  TSE Regulation,  the Commission was 
asked  to  present  a  Communication  to  the  European  Parliament  and  the  Council  on 
the future necessity and use of MSM in the EU derived from bones from ruminants 
and other species, including the information policy towards consumers. 

Therefore, the purpose of this Communication is: 

• 

• 

• 

To provide an overview of the current EU legal provisions related to MSM; 

To provide an overview and assessment on the production and use of MSM in 
the EU; 

To  evaluate  the  implementation  of  the  EU  provisions  for  the  production  and 
labelling  of  MSM  and  to  identify  if  there's  a  need  for  their  review  in  the 
medium term. 

3. 

CONSULTATIONS 

This  Commission  Communication  is  based  on  the  information  submitted  by  the 
Member States on the use and production method of MSM in their territory. In order 
to collect the information in a harmonised way the Commission sent a questionnaire 
to all Member States. The information requested concerned details on the production 
methods, parameters used to distinguish MSM produced with different methods, the 
species  from  which  MSM  is  produced,  the  quantities  produced,  the  uses  made,  the 
economic value and the intention of continuing with the production. All 27 Member 
States answered the questionnaires.  

In addition, the Commission consulted the main stakeholder organisations in the EU 
such as UECBV3, AVEC4, Clitravi5, CIAA6 and BEUC7.  

Additional information on the implementation of EU legal provisions was collected 
on  the  basis  of  reports  from  missions  carried  out  by  the  Commission  Inspection 
Services,  the  Food  and  Veterinary  Office  (FVO)  of  the  Health  and  Consumers 
Directorate General. 

4. 

4.1. 

EU LEGISLATION IN RELATION TO MECHANICALLY SEPARATED MEAT  

Definition of mechanically separated meat 
In  accordance  with  Point  1(14)  of  Annex  I  to  Regulation  (EC)  No  853/20048  and 
Article 3 (1) (n) to the TSE Regulation, MSM is defined as follows: 

"Mechanically  separated  meat"  or  “MSM”:  means  the  product  obtained  by 
removing  meat  from  flesh-bearing  bones  after  boning  or  from  poultry  carcases, 

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UECBV – European Livestock and Meat Trading Union. 
AVEC – Association of Poultry Processors and Poultry Trade in the EU countries. 
Clitravi – Liaison Centre for Meat Processing Industry in the European Union. 
Confederation of the Food and Drink Industries in the EU. 
The European Consumers´ Organisation. 
Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying 
down specific rules for food of animal origin (OJ L 226, 25.6.2004, p. 22).  

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using  mechanical  means  resulting  in  the  loss  or  modification  of  the  muscle  fibre 
structure. 

The definition was intended to be a generic one covering all methods of mechanical 
separation with the aim to differentiate between the MSM and for instance cut meat 
or  minced  meat,  and  lay  down  food  hygiene  requirements  accordingly.  Because  of 
rapid  technological  developments,  a  flexible  definition  was  considered  appropriate. 
The following criteria define MSM: 

• 

• 

• 

the  nature  of  the  raw  material  "flesh-bearing  bones  after  boning  or  from 
poultry carcasses”; 

the use of the mechanical means; 

the loss or modification of the muscle fibre structure. 

4.2. 

Provisions on the species of origin 

In accordance with the TSE Regulation, the use of bones or bone-in cuts of bovine, 
ovine  and  caprine  animals  is  prohibited  for  the  production  of  MSM  in  all  Member 
States.  In  addition,  imports  of  products  of  bovine,  ovine  and  caprine  animal  origin 
should not contain or be derived from MSM obtained from bones of bovine, ovine or 
caprine animals. The production and import of MSM obtained from other species is 
allowed under certain hygienic and labelling requirements.  

4.3. 

Requirements for production establishments and raw materials 
In addition to the general requirements laid down on Regulation (EC) No 852/20049, 
the specific requirements for MSM production establishments and the raw materials 
from  which  can  be  obtained  are  laid  down  in  Annex  III,  Section  V,  Chapter  I  to 
Regulation (EC) No 853/2004. 

4.4. 

Hygiene requirements during and after production 

In addition to the general requirements laid down on Regulation (EC) No 852/2004, 
Annex III, Section V, Chapter III point 1 to Regulation (EC) No 853/2004 lays down 
specific hygiene requirements to be complied during and after production of MSM. 

Differentiation between MSM obtained using different techniques (e.g. low and high 
pressure), was considered necessary due to the influence of those techniques in the 
sensitivity of these products to microbiological contamination during production and 
further handling.  

A  comparison  of  the  specific  requirements  on  the  production  and  use  of  MSM  in 
relation to different techniques are summarised in Annex I.  

4.5. 

Labeling requirements 

Mechanically  separated  meat  (also  referred  to  as  mechanically  recovered  meat) 
differs  significantly  from  "meat"  as  perceived  by  consumers.  It  was  therefore 
excluded  from  the  definition  of  meat  laid  down  in  Commission  Directive 
2001/101/EC10 
labelling  purposes. 
the  definition  of  meat 

regulating 

for 

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Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the 
hygiene of foodstuffs (OL J 226, 25.6.2004, p. 3). 
Commission  Directive  2001/101/EC  of  26  November  2001  amending  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, OJ L 310, 28.11.2001, p. 19. 

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Consequently,  MSM  and  the  species  from  which  is  obtained  must  be  specifically 
mentioned.  This  labelling  rule  applies  to  the  products  covered  by  the  above  EU 
definition of “mechanically separated meat”11.  

In addition, Regulation (EC) No 853/2004 requires that packages intended for supply 
to  the  final  consumer  containing  minced  meat  from  poultry  or  solipeds  or  meat 
preparations containing MSM must bear a notice indicating that such products should 
be cooked before consumption if required by national legislation. 

5. 

5.1. 

EVALUATION OF PRODUCTION AND USE OF MSM 

Production methods of MSM 

The  pressure  used  by  the  different  technologies  varies  with  the  machines  and 
parameters used. Member States mostly indicate pressures below 100 bar (as low as 
a  few  bar),  for  the  production  of  low  pressure  MSM,  while  pressure  most  often 
indicated  for  the  production  of  high  pressure  MSM  was  above  100  bar  (up  to 
400 bar). Some overlaps  of pressures  between  the  two  methods  of  production  were 
reported.  

In  the  course  of  time,  new  technologies  were  developed  or  new  uses  have  been 
applied to existing machines. Sometimes a combination of different technologies is 
used. 

The quality aspects of MSM vary between the machines used for the production and 
depend on several parameters (see Annex II).  

Visually,  high  pressure  MSM  results  in  a  product  with  a  characteristic  and 
particularly pasty texture resulting from the loss or modification of the muscle fibre 
structure. Other technologies (low pressure MSM), may result in a product that can 
not or hardly be differentiated visually from minced meat12. 

Microscopically,  an  evaluation  of  "the  loss  or  modification  of  the  muscle  fibre 
structure"  is  possible  using  microscopic  sections  of  meat.  A  large  variation  of  the 
modification  of  internal  structure  of  the  product  can  be  observed  depending  on  the 
different production parameters used. 

5.2. 

Amounts of MSM produced 

Four  Member  States  have  no  establishments  approved  for  the  production  of  MSM. 
Some Member States for different reasons have not provided data on production. The 
data from the Member States in Table 3 are therefore underestimations.  

Other  Member  States,  could  not  provide  data  concerning  a  differentiation  between 
low  and  high  pressure  MSM,  and  species  from  which  MSM  is  produced  on  their 
territory. 

Data from the industry showed a major variation in the estimations on the amount of 
MSM produced.  

11 
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Paragraph 1.15 of Annex I to Regulation (EC) No 853/2004. 
Minced  meat  is  defined  in  Regulation  (EC)  No  853/2004  as  "boned  meat  that  has  been  minced  into 
fragments and contains less than 1% salt".  

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Table 3: Production of MSM during a period 2006-2007 reported by Member States 
(tonnes) 

Species of Origin 

Poultry 

Pigs 

Rabbits 

High 
pressure 

255 867 

13 574 

Low pressure 

87 347 

18 827 

Not specified 

65 000 

25 000 

Total  

408 213 

57 401 

0 

0 

73 

73 

Not 
specified 

Total 

200 564 

470 005 

30 979 

137 153 

1 170 

91 243 

232 713 

698 400 

The total amount of MSM produced in 20 Member States is close to 700 000 tonnes 
per  year  (2006-2007  period).  Where  the  method  of  production  was  specified,  high 
pressure MSM represented 77% and low pressure MSM 23%. Where the species was 
indicated,  88%  of  MSM  was  derived  from  poultry  (mainly  broilers,  followed  by 
turkeys)  and  more  than  11%  from  pigs.  Production  of  MSM  from  other  species  is 
currently negligible. 

Overall, the value of high pressure MSM, reported by the Member States varied from 
0.3  to  0.6  Euro  per  kg.  A  value  of  0.6  to  1.5  Euro  per  kg  was  reported  for  low 
pressure  MSM.  The  total  value  of  the  reported  MSM  production  can  therefore  be 
estimated between 400 and 900 million Euro. 

The  EU27  produces  over  11  million  tonnes  of  poultry  meat  a  year,  reporting  an 
estimated annual turnover of around 20 billion euros. MSM production from poultry 
represents 2 to 4% of this value. The EU27 produces over 22.5 million tonnes of pig 
meat a year, reporting an estimated annual turnover of around 35 billion euros. MSM 
production  from  pigs  represents  0.1  to  0.3%  of  this  value.  The  main  part  of  the 
production in pig sector is the low pressure MSM. 

5.3. 

Use of MSM 

5.3.1.  Member States 

Low  and  high  pressure  MSM  is  mostly  used  for  food  intended  for  human 
consumption, a limited amount of high pressure MSM is used for pet food. Most of 
the  Member  States  have  communicated  that  MSM  is  used  in  meat  products  which 
have to undergo a heat treatment e.g. frankfurter sausages. Some indicate the use of 
low pressure MSM for meat preparations (e.g. meat balls). Others indicated that only 
low  pressure  MSM  is  used  for  the  production  of  meat  products,  while  the  high 
pressure MSM is only used in production of pet food.  

23 Member States indicated that they want to continue the production of MSM. Two 
of these Member States allow only the low pressure method. Four Member States do 
not produce MSM.  

The  majority  of  MS  (20)  consider  that  no  specific  food  safety  risks  are  associated 
with  the  consumption  of  food  in  which  MSM  is  used,  as  specific  food  safety 

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requirements  are  laid  down  in  the  EU  legislation.  In  addition,  the  risk  for  BSE  is 
covered  due  to  the  ban  to  produce  MSM  derived  from  bones  of  bovine,  ovine  and 
caprine  animals  from  countries  or  regions  with  a  controlled  or  undetermined  BSE 
risk. 

5.3.2.  Meat Industry 

MSM  producing  industry  expressed  their  interest  in  producing  both,  low  pressure 
and  high  pressure  MSM.  There  is  a  big  difference  in  the  volume  of  production, 
production methods and the use of both types of MSM between Member States.  

The interest in producing low pressure MSM depends on the possibility to valorise 
the  higher  quality  in  comparison  with  high  pressure  MSM.  MSM  is  used  in  the 
production of meat products also because its structure and its binding capacity.  

5.3.3.  Consumers 

The quality of meat products is an issue of great interest to consumers and consumers 
are concerned about the content of meat products on the market. MSM labelled as an 
ingredient  is  considered  an  important  indicator  of  the  relative  quality  of  meat 
products. The use of MSM is often associated with cheap quality products.  

Consumers association would be in favour of use of MSM on the condition that its 
use  is  properly  labelled  and  clearer  rules  for  its  production  and  use  would  be  laid 
down.  

Therefore,  from  the  consumers´  point  of  view  it  is  unacceptable  to  include  MSM 
within the definition of meat for the labelling purposes.  

5.4. 

Intra-EU trade, import and export of MSM 

Intra-EU  trade  has been  reported by  the Member States,  however, exact data could 
not be provided. 

Main export concerns the high pressure MSM. In 2008, it can be estimated that about 
150 000 tonnes of MSM was exported, mainly towards Russia (49%), Ukraine (33%) 
and  other  countries  from  the  former  Soviet  Union.  The  export  in  2008  represented 
20% of MSM produced in the EU with a value of 83 million EURO and represented 
a 32% increase compared to 2007. 

Before  the  adoption  of  Regulation  (EC)  No  853/2004,  import  of  MSM  was 
prohibited. 

In relation to meat derived from biungulates and since the adoption of the Regulation 
(EC) No 853/2004, a third country listed for import of fresh meat, may request the 
listing  of  an  establishment  for  MSM.  Four  establishments  from  New  Zealand  are 
listed under the equivalence agreement and allowed to export MSM.  

In  relation  to  poultry  meat,  since  no  import  certificate  having  been  established 
according Commission Regulation (EC) No 798/200813, imports of poultry MSM is 
prohibited.  

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Commission  Regulation  (EC)  No  798/2008  laying  down  a  list  of  third  countries,  territories,  zones  or 
compartments  from  which poultry  and poultry  products  may  be  imported  into  and  transit  through  the 
Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1). 

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6. 

IMPLEMENTATION OF THE HYGIENE AND LABELLING REQUIREMENTS ON MSM 

6.1. 

Official controls 

The  evaluation  of  the  system  of  official  controls  carried  out  by  the  competent 
authorities in establishments producing, handling and using MSM is part of the FVO 
missions  in  Member  States  and  third  countries.  Certain  shortcomings  have  been 
identified  (e.g.  quality  of  raw  material,  compliance  with  microbiological  criteria) 
however,  in  general  the  reports  concluded  that  conditions  of  production,  handling 
and use of MSM generally complied with EU requirements.  

As regards official controls in Member States, visual or microscopic indicators can 
be used at the level of production of MSM or when MSM is used as a raw material. 
However, at the retail level, where official controls focus, among others, on proper 
labeling of final products containing MSM, the use of such indicators is limited, in 
particular when low pressure MSM is used. 

6.2. 

Food safety aspects 

In  general,  MSM  can  only  be  used  in  heat  treated  meat  products  produced  in 
approved  establishments.  However,  low  pressure  MSM  may  be,  under  certain 
conditions,  also  used  in  meat  preparations  which  are  not  intended  to  be  consumed 
following heat treatment. 

Taking into account experience with the application of current hygiene rules, it can 
be  concluded  that  risks  to  public  health  associated  with  the  consumption  of  meat 
preparations  and  meat  products,  when  MSM  was  used  as  a  raw  material,  can  be 
considered negligible. Therefore, continuation of production of MSM, when carried 
out in accordance with the current hygiene provisions, is not supposed to pose a risk 
to public health and therefore any change of the relevant legal provisions would not 
be necessary. 

Data on compliance with microbiological criteria such as the absence of Salmonella 
in MSM are summarised in the annual EU summary report on trends and sources of 
zoonoses  and  zoonotic  agents  and  food-borne  outbreaks  in  the  EU  drafted  by  the 
European  Food  Safety  Authority  (EFSA)  and  the  European  Centre  for  Disease 
Prevention  and  Control  (ECDC).  The  most  recent  data  from  200814  indicate  an 
increasing trend of compliance of MSM with the Salmonella criterion since 2006. In 
2008 

• 

• 

1.6% of MSM samples did not comply with the criterion which is similar to the 
percentage  of  non-compliance  with  the  Salmonella  criteria  in  samples  of 
minced meat, meat preparations and meat products.  

2.7%  of  batches  of  MSM  did  not  comply,  which  was  slightly  higher  than 
batches of the other products. This percentage is higher than the percentage of 
positive samples because a batch was considered positive if one of the samples 
from a batch were positive. 

14 

The EFSA Journal (2010), 1496. 

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6.3. 

Implementation of the definition of MSM 

Some difficulties concerning the implementation of the definition of MSM have been 
reported  since  Regulation  (EC)  No  853/2004  became  applicable.  For  instance,  not 
only  "flesh-bearing  bones  after  boning  or  poultry  carcasses"  are  used  as  a  raw 
material to produce MSM but for instance also de-boned meat.  

If  a  technology  for  mechanical  separation  has  been  used  in  certain  Member  States, 
the product is considered as MSM, even if the raw material contains no flesh-bearing 
bones  after  boning  or  from  poultry  carcasses  or  if  there  is  no  clear  loss  or 
modification  of  the  muscle  fibre  structure.  In  other  Member  States,  the  product  is 
only considered as MSM if all the elements in the definition of MSM are complied 
with. Meat Industry supports the second view indicating that the final product should 
be  considered  meat  or  a  separate  category  of  meat,  regardless  of  the  method  of 
production. 

Rapid technological developments in this area resulted also in the situation that some 
technologies,  using  method  of  mechanical  separation  of  meat,  are  able  to  provide 
final  product  with  characteristics  close  or  similar  to  those  of  minced  meat.  The 
Commission  considers  that,  according  to  the  current  legislation,  such  product  is 
covered by the definition of MSM and must be, therefore, labelled accordingly.  

In  addition  to  that,  methods  used  by  food  business  operators  to  produce  MSM  are 
also  used  for  the  removal  of  meat  from  bones  after  heat  treatment.  However,  only 
fresh meat as defined in Annex I to Regulation (EC) No 853/2004 is considered to be 
a  raw  material  for  the  production  of  MSM.  Uncertainty,  whether  the  resulting 
product  should  be  considered  as  MSM  (and  labelled  accordingly),  was  noticed. 
Methods  for  official  laboratory  testing  of  products  used  in  order  to  ascertain  the 
presence of MSM in meat products are not able to distinguish if a raw material was 
MSM  or  product  obtained  from  bones  after  heat  treatment  resulting  in  difficulties 
during official controls in some Member States. 

These  differences  in  the  implementation  of  the  definition  of  MSM  may  result  in 
unfair  competition  as  the  same  product,  when  used  for  the  production  of  meat 
products,  can  be  labelled  as  a  meat  in  some  Member  States  and  as  MSM  in  the 
others. 

6.4. 

Labelling requirements for the two categories of MSM 

Apart  from  the  harmonised  EU  criterion  on  calcium  content,  variable  criteria  are 
used  by  the  Member  States  to  differentiate  between  low  and  high  pressure  MSM. 
These  criteria  are  based  on  the  method  of  production,  the  pressure  and  filter  size 
used,  visual  evaluation  of  the  MSM  produced,  the  protein  and  fat  content  and  the 
histological  examination  in  order  to  assess  the  loss  or  modification  of  the  muscle 
fibre structure. 

Both low and high pressure MSM are covered by the definition of MSM and must be 
labelled  accordingly  (see  above).  As  regards  high  pressure  MSM,  all  consulted 
bodies agreed to comply with current labelling rules. 

As  regards  low  pressure  MSM,  the  meat  industry  is  however  of  the  opinion  that 
when, based mainly on visual evaluation, the product can not be differentiated from 
minced  meat,  it  could  be  labelled  as  meat  (meat  or  specific  category  of  meat), 
regardless of the method of production. Their arguments are based on the quality of 
low pressure MSM compared to high pressure MSM. 

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The consumer's organisation and most Member States, that expressed their views on 
this  issue,  prefer  not  to  differentiate  between  two  types  of  MSM  for  labelling 
purposes  since  there  is  a  doubt  that  consumers  would  understand  the  difference 
between low pressure and high pressure MSM.  

For the consumer's organisation, it is most important that the consumers are correctly 
informed on the ingredients and their quality. From their perspective, the obligation 
to  label  the  use  of  MSM  must  be  maintained  and  no  MSM  in  products  should  be 
hidden because MSM significantly differs from "meat" as perceived by consumers.  

Another  interest  of  consumers  is  that  the  obligation  to  label  MSM  should  not  be 
limited to pre-packed food only. 

7. 

POSITION OF THE COMMISSION 

As an outcome of these consultations, the Commission takes the following position. 

– 

There are no objections on the continued use of MSM from pigs and poultry:  

Member States and stakeholders' meat organisations support the continued use 
of  MSM.  Only  a  few  Member  States  prefer  to  use  only  low  pressure  MSM. 
This  general  support  is  partly  due  to  the  economic  benefit  from  such 
production.  

In  addition  the  level  of  compliance  with  the  hygiene  requirements,  including 
microbiological  criteria,  would  not  indicate  reasons  to  further  restrict  current 
production of MSM. It can be concluded that risks to public health associated 
with the consumption of meat preparations and meat products, when MSM was 
used as a raw material, can be considered negligible. Therefore, any change of 
the relevant legal provisions would not be necessary.  

The  Commission  does  not  support  the  reintroduction  of  MSM  from  bovine, 
caprine and ovine animals.  

It is recognises to better define in a harmonised way products that need to be 
defined as MSM. In order to ensure uniform application of the EU law and fair 
competition  on  the  EU  market  the  Commission  will  provide  a  guidance 
document to better identify products that need to be considered as MSM or, if 
appropriate from a legal point of view, propose legislative amendments. 

Considers  that  the  obligation  to  label  the  use  of  any  MSM  should  be 
maintained  to  ensure  that  consumers  are  informed  about  the  use  of  MSM  in 
general.  In  addition,  the  Commission  does  not  support  a  differentiation  of 
labelling  provisions  for  low  and  high  pressure  MSM.  Therefore,  the 
Commission  is  of  the  opinion  that  the  current  labelling  provisions  are 
appropriate and therefore should not be changed.  

– 

– 

– 

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Specific hygiene requirements on MSM (Regulations (EC) No 853/2004 and 2074/2005)  

Table 1: Comparison of hygiene requirements of raw material for MSM 

ANNEX I 

"Low" pressure MSM 

"High" pressure MSM 

Poultry carcases 

Max 3 days old 

Max 3 days old 

Other  raw  material  from 
on-site slaughterhouse 

Other  raw  material  from 
other site 

Max 7 days old 

Max 7 days old 

Max 5 days old 

Max 5 days old 

Mechanical separation 

Immediately after de-boning 

If  not  immediately  after  de-
boning, storage and transport 
at  <  2°C  or  freezing  at
< 
the  bones
-18°C  of 
(no refreezing) 

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Table 2: Comparison of hygiene requirements of MSM after production 

"Low" pressure MSM 

"High" pressure MSM 

and 

packaged, 
Wrapped 
if 
chilling  at  max  2°C 
processed within 1 to 24h; if 
not,  frozen  within  12  h  after 
production,  reaching  at  an 
internal  temp  of  <  -18°C 
within  6  h.  Maximal  storage 
of  frozen  MSM  of  3  months 
at < -18°C. 

Only  for  heat-treated  meat 
products 
in 
approved establishments 

produced 

Storage 
immediately used 

if 

not 

Wrapped 
packaged, 
and 
chilling at max 2°C or frozen 
at an internal T of < -18°C 

Use 

If  the  food  business  operator 
has  carried  out  analyses 
demonstrating  that  MSM  is 
complying 
the 
microbiological  criteria  for 
minced meat15: 

with 

• 

in  meat 
preparations 
which  are  clearly  not 
intended  to  be  consumed 
without  first  undergoing 
heat treatment 

• 

in meat products 

If the MSM is not complying 
with  microbiological  criteria: 
in  heat-treated  meat 
only 
in 
produced 
products 
approved establishments 

Calcium content16 

Max.  0.1%  (=  100  mg/100g 
or 1000 ppm) of fresh product

Not defined 

15 

16 

Absence of Salmonella in 25 g (5 samples) if intended to be eaten raw or of from poultry meat. Absence 
of Salmonella in 10 g (5 samples) if from other species than poultry and intended to be eaten cooked. 
In  accordance  with  Article  4  and  Annex  IV  to  Commission  Regulation  (EC)  No  2074/2005  of 
5 December  2005  the  calcium  content  of  MSM  not  exceeding  0.1%  (100mg/100g  or  1000  ppm)  and 
determined by the standardised method is not considered significantly higher than that of minced meat.  

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Examples  of  parameters  important  for  the  quality  aspects  of  MSM  depending  on  the 
differences of machines used for the production 

ANNEX II 

• 

• 

• 

• 

• 

• 

• 

Discharge plate hole diameter 

Drum perforation diameter 

Machine speed 

Machine tension 

Pressure in various modules 

Pressure time yield 

Meat cut fed in 

EN 

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