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March 2005 | ||||||||||||||
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EU News | |
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Tina Garrity reports on a revamped directive on materials and articles that come into contact with food, EU efforts to deal with heavy metals air pollution and improving surveillance of BSE in goats The rules on materials and articles that come into contact with foodstuffs occupy a lofty position in the history of EU food legislation, dating back to 1976 when the original directive was published. Since then, it has undergone numerous changes and was subject to a major overhaul in 1988. This laid down a framework for directives on specific substances to be drawn up, for example, on plastics and on regenerated cellulose film. The problem with this new directive was that it was limited in scope and failed to keep pace with new technological advances. For instance, the directive did not consider "active" food contact materials and articles, which contained components designed to be released into or to absorb substances from the food in order to improve it. Nor did it consider "intelligent" materials and articles designed to monitor the condition of the food. Other new principles of EU law such as traceability and the use of recycled materials wherever possible also needed to be incorporated. This has now been achieved with the adoption of a completely new regulation on materials and articles intended to come into contact with foodstuffs. Under the new rules, the basic requirements for materials and articles remain the same. That is, that they should still be manufactured in compliance with good manufacturing practice so that, under normal or foreseeable conditions of use, they do not transfer their constituents to food in quantities, which could:
The regulation also states that labelling, advertising and presentation of a material or article must not mislead consumers. There are, however, exemptions. The regulation does not apply to antiques as these are available in restricted quantities and, as a result, their contact with food is limited. Covering or coating materials forming part of the food and possibly being consumed with it are also exempt. Nevertheless, those same materials which cover cheese rinds, prepared meat products or fruit but which do not form part of food and are not intended to be consumed together with such food are covered. The new regulation states that active or intelligent materials and articles are permitted to alter the state of the foodstuff provided the changes comply with existing EU food rules, eg on additives. Any substances involved must also be authorised, and for legal purposes will be considered as ingredients. "Intelligent" materials and articles must not be used to effect changes which could mislead consumers, for instance by masking spoilage. Nor must they give misleading information about the condition of the food. The materials must be adequately labelled to indicate their status. An extensive list of materials and articles, including cork, rubbers, glass, plastics and metals and alloys will be subjected to specific measures. These measures include: a list of substances authorised for use, purity standards for those substances, any special conditions for use, limits on the migration of constituents into the foodstuff and provisions aimed at protecting human health from oral contact with them. An authorisation procedure for the substances mentioned above is set out in the regulation. The labelling rules from the old directive are brought forward in a slightly amended form. For instance, where previously materials and articles had to be labelled "for food use" they must now say "for food contact". Under the new regulation the wording may be replaced by a symbol laid down in annex II, depicting a glass and fork. Also, materials and articles must now be accompanied by information allowing their origin to be traced. The labelling exemption for materials and articles clearly intended to come into contact with food continues. The regulation requires that the traceability of materials and articles have to be ensured at all stages in order to facilitate control, the recall of defective products, consumer information and the attribution of responsibility. Referring to technological feasibility, business operators must have in place systems and procedures to allow identification of the businesses from which and to which materials or articles and, where appropriate, substances or products covered by the regulation are supplied. The competent authorities must be able to access that information on demand The new regulation came into force in mid-November 2004 except for the rules on traceability, which will apply from 27 October 2006. Regulation (EC) no 1935/2004 ... on materials and articles intended to come into contact with food and repealing directives 80/590/EEC and 89/109/EEC. OJ L 338. 13.11.04. http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2004/l_338/l_33820041113en00040017.pdf_33820041113en00040017.pdf French scientists confirm BSE in goats Fears that BSE may have spread to goats were realised in late January when a panel of European scientists confirmed the findings of a French research group, which had identified a suspicious strain of TSE (transmissible spongiform encephalopathy) in a goat's brain that could be BSE. The group had originally reported it to the European commission in October 2004. The identification was made under the EU-wide surveillance programme for the detection of suspicious TSE strains in small ruminants. It is well known that goats can suffer from scrapie but up until now there has been no evidence of the existence of BSE in the EU's goat or sheep population under natural conditions. As a precaution the goat in question and its entire herd were destroyed and did not enter the food chain so there was no risk to human health. Tests on the other 300 goats in the herd fortunately proved negative. The European Commission is now stepping up surveillance but is confident that the level of TSE infection in goats is extremely low and that any possible risk to consumers is minimal. The increased testing will focus on countries where BSE is prevalent, eg the UK. The EFSA has advised that on the basis of current scientific knowledge, goats' milk and derived products are unlikely to present any risk of TSE contamination if the milk comes from healthy animals. Milk from goats with TSE cannot be used under existing EU rules Further information on the risk of TSEs in goats can be found on the Commission's website at: http://europa.eu.int/comm/food/dyna/press_rel/press_rel_fs_biosafety_en.cfm EU agrees heavy metals air pollution directive Member states have until 15 February 2007 to implement a recently adopted directive, which sets out requirements for dealing with emissions of arsenic, cadmium, mercury, nickel and PAHs in ambient air. Under the directive, target values are set for the concentration of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air to avoid, prevent or reduce their harmful effects on human health and the environment as a whole. Member states must ensure that ambient air quality is maintained where it is good and that it is improved in other cases. The directive determines common methods and criteria for the assessment of concentrations and the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air. It also requires that adequate information on this is made available to the public. This information must indicate any annual exceedance of the target values and the reasons for this and the area to which the exceedance applies. It must also include a short assessment relating to the target value and appropriate information regarding effects on health and impact on the environment Directive 2004/107/EC ... relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air. OJ. L 23 26.01.05 http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2005/l_023/l_02320050126en00030016.pdf
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EHJ March 2005,
pages 30-31 