Importation of
Composite Products
N Brooks MRCVS
Veterinary Consultant
5-Feb-10
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Rationale for legislation
•
Animal Health Risks on import
– Council Directive 2002/99
• Public Health Risks on Import
– Hygiene Package
– Regulations 853/2004, 854/2004
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1
Before CD 2002/275
• Commission Decision 2002/349 Art. 3
Products with limited percentage Animal matter are:
– Subject to National Rules
– Above to apply until risk-based assessment
carried out
– Risk assessment to determine which products fall
within Veterinary Checks
– No mention of AH or PH risks
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Public Health Anomaly
• Regulation 853 Article 1 : Scope
– Unless expressly indicated to the contrary this
Regulation will not apply to food containing both
products of plant origin and processed products
of animal origin.
– However processed products of animal origin
used to prepare such food shall be obtained and
handled in accordance with the requirements of
this Regulation.
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2
Object of New Decision
•
•
•
•
Commission Decision 2007/275
To achieve Animal Health Safeguards on importation
of products that can be a potential risk
To build in what Public Health Safeguards that were
possible under the restriction imposed by the legal
anomaly
To replace the Animo list of products with the
internationally accepted CN code for all products
To define the limits of animal product included in any
composite product
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Commission Decision 2007/275/EC
Two-part Decision
– More detail on Composite products for human
consumption that may be imported
– List of products to be examined under Directives
97/78/EC and 91/496/EC by CN Code
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Objectives
• Define categories of food product which are
inherently negligible risk (animal health)
• Require no BIP checks or certificates
• Can be assessed by physical appearance,
labelling and commercial documents
• OFFC controls would apply
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Factors considered
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•
•
•
•
•
•
•
Hygienic production
Minimal contamination as derived from healthy
animals
Packaging gives additional guarantees quality
acceptable to consumer
Preserved – may be ‘commercially sterile’ so
viruses cannot multiply
Labelled with ingredients, greatest first
Likely to be cooked for consumption by
humans in many cases
Risks of AH contamination much reduced
Stability at ambient temperatures
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Limited Percentage?
• FMD, HPAI, ND, CSF etc. – infectious dose can be
found in <1g
• ~5-10% no safeguard; many products contain more
than this
• 1% may be reasonable to exclude trivial milk/ egg/
meat content
• No risk basis for 50% but– Could reasonably apply rules for 100% product
– Would block some ‘safe’ products
– Possibly could determine from label
NB There is an enforcement and distortion element
for having a set percentage limit
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Risks associated with different types of
animal product
Meat : This is a potential risk at any percentage
Milk : Could be a potential risk if not properly
sterilised or not pasteurised correctly
Egg : Not seen to be a significant AH risk as import
can take place of whole eggs with minimal
restrictions
Fish : Not seen to be any AH risk
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The Decisions
• Any Composite containing processed meat product is
an AH risk , thus :
– All these composites fall under vet. checks
– Regardless of percentage processed meat product content
• Composite containing processed egg or fish, fishery
products not considered an AH risk
– A percentage limit could be set
• Products containing milk were and are a problem
– A percentage limit could be set – but with provisos
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• Any Composite containing processed meat product is
a risk , thus
:
– All these composites containing processed meat
product come under vet. checks
– Regardless of percentage processed meat
product content
– Exception : products listed in Annex II of CD
2007/275
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Composite containing processed egg or fishery
products:
• Not considered an AH risk, thus
• All > 50% Processed egg /fish product
– Fall under vet. checks
– Treat as if 100% animal product
• All < 50% Processed egg/fish product
– Regardless whether shelf stable or not
– NOT under vet. Checks
– Food controls under Regulation 882/2004
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Milk in Composite Products
• For all composites containing processed Milk product
• The milk content included in any composite product
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–
–
–
Must be derived from countries listed in CD 2004/438
Treatment (anti FMD ) must be as laid down .
If certified – no problem
If with commercial document – could be a problem
• NB it may not be possible to verify this statement.
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Composites containing processed Milk and Milk
product the most difficult
1. All containing > 50% animal content and
All containing < 50% and NOT shelf stable
– Do Not meet Article 6 requirements
– Fall under veterinary checks
2. All containing < 50% and shelf stable
– Do meet Article 6 requirements
– Excluded from veterinary checks
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Commission Decision 2007/275
• Article 3
• Refer to the products in Annex 1: a CN code-based
list for ease of use by Customs as well as Vets
• Must qualify by reference to Column 3
• Decision applies without prejudice to ensure
compliance with EU public health requirements
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Article 4
Products included in Vet Checks
• (a) All containing any amount of meat product
• (b) Those with more than 50% of content (apart from
meat, meat product )
• (c) Composites with less than 50% milk content
which does not meet stability requirements of Art. 6
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Article 5
Certification to accompany composite products
• Anything with meat products
- relevant EU meat product certificate
• Anything with milk caught in Vet Checks – if more
than 50% milk, or less than 50% milk & not shelf
stable
– the relevant EU milk product certificate
• Product containing processed fish or egg
– The relevant EU certificate or a commercial document if no
EU certificate
No mention officially of the public health certification
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Article 6.1
The Stability requirements
• Exemption from vet checks for certain composite
products
• Must be shelf stable at ambient temperature
• Or have undergone a complete heat treatment or
cooking process
• Clearly identified as intended for human
consumption
• Be securely packaged or sealed in clean containers
• Accompanied by commercial document and labelling
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Article 6.1
Derogation from Vet Checks
• 1(b) Composite products or foodstuffs in Annex II
• 2 For all composites containing processed Milk
product
• 6.2 The milk content included in any composite
product
–
–
–
–
Must be derived from countries listed in CD 2004/438
Treatment (anti FMD ) must be as laid down .
If certified – no problem
If with Commercial Document – could be a problem
• NB it may not be possible to verify this statement.
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100%
Not Shelf stable
Shelf Stable
Meat and meat product. Vet Checks
Meat and meat product: Vet Checks
Milk: Vet Checks
Milk: Vet Checks
Eggs and fish: Vet Checks
Eggs and fish: Vet checks
50%
Meat and meat product: Vet
Checks
Meat and meat product: Vet checks
Milk, Food: Regulation 882/2004
Milk: As for above - Vet checks:
listed country certificate, etc
controls but AH-compliant source country
Fish and eggs, Food: Regulation
882/2004 controls
Fish and eggs, Food:
controls
Reg 882/2004
0%
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Annex II negative list (part 1)
Exempted from vet checks:
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•
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Biscuits
Bread
Cakes
Chocolate
Confectionery (including sweets)
Unfilled gelatine capsules
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Annex II negative list (part 2)
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•
•
•
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Food supplements packaged for the final consumer, containing
small amounts of animal products, and those including
glucosamine, chondroitin , and chitosan
Meat extracts and meat concentrates
Olives stuffed with fish
Pasta and noodles not mixed or filled with meat product
Soup stocks and flavourings packaged for the final consumer,
containing meat extracts, meat concentrates, animal fats, or fish
oils, powders or extracts
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The problems
• Identifying consignments that are included or
excluded from Vet Checks if not notified to the OVS
• Or where information available is just insufficient.
• Whether or not a pubic health certification is required
is a National Decision, thus not harmonised
• A workshop will examine problem cases later
• Any specific products causing a problem for
attendees may be notified for discussion
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The Future
• The Commission is aware of the public health
anomaly
• Legislation from Council and Parliament is needed to
correct this difficulty – a slow process
• It is the Member States who precipitated this problem
by deciding that PH rules in a Regulation do not
apply to composite products produced within the EU.
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Triangular Trade
What is the answer?
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In conclusion
For veterinary checks:
• Information
• Communication
• Discussion
Thank you for your attention
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