Case study on imported foods Name: Siyuan Liu Student number: 2226680 Catalogue Case study on imported foods .......................................................................................................... 1 1. Introduction .......................................................................................................................... 3 1.1 Import Legislation ............................................................................................................... 3 1.2 POAO and PNOAO ............................................................................................................... 3 1.3 Border Control Post (BCP) ................................................................................................... 4 2. Guar gum from India ............................................................................................................. 5 2.1 Hazards ................................................................................................................................ 5 2.2 Legal Requirements ............................................................................................................. 5 2.3 Additional Controls.............................................................................................................. 6 3. Dried apricots from Uzbekistan............................................................................................. 6 3.1 Hazards ................................................................................................................................ 6 3.2 Legal Requirements ............................................................................................................. 6 3.3 Additional Controls.............................................................................................................. 7 4. Pistachio nuts from USA ........................................................................................................ 7 4.1 Hazards ................................................................................................................................ 7 4.2 Legal Requirements ............................................................................................................. 7 4.3 Additional Controls.............................................................................................................. 8 5. Frozen bivalve molluscs from Turkey..................................................................................... 8 5.1 Hazards ................................................................................................................................ 8 5.2 Legal Requirements ............................................................................................................. 9 5.3 Additional Controls............................................................................................................ 10 6. Reference ............................................................................................................................ 11 6.1 Paper ................................................................................................................................. 11 6.2 Legislation ......................................................................................................................... 11 6.3 Web ................................................................................................................................... 12 1. Introduction 1.1 Import Legislation EU legislation on food import and export is universal in all Member States. It should be noted that these laws will no longer apply to the UK after December 31, 2020, because of brexit. Regulation is binding legislation and is generally used within the EU. Generally speaking, regulation should be set by the Commission after consultation and approval by the Council and treaty. For example, the Council adopted regulation (EC) 2015 / 478 to ensure that imported foods outside the EU have common safeguards. (eupora.eu, 2020) European Commission (2018) said, "Key principles of the new regulation are broder scope, risk-based approach, alignment (simplification), transparency and efficiency." The key legislation related to imported food are regulation (EC) 853 / 2004 regulation (EC) 2019 / 1793, regulation (EC) 852 / 2004 and regulation (EC) 2017 / 625. But all imported food must meet the food safety requirements with article 14 of regulation (EC) 178 / 2002, this is the basis of all legal requirements, and all foods should comply with this regulation. Regulation (EC) 2017 / 625 specifies the relevant measures and certificates of official control, while regulation (EC) 2019 / 1793 gives the list of videos that need to be officially controlled and relevant standards. Regulation (EC) 852 / 2004 is a general health requirement for Food Business operator (FBO), while regulation (EC) 853 / 2004 specifies product of animal origin. These are also the main laws used in this paper. 1.2 POAO and PNOAO Products of animal origin (POAO) and products not of animal origin (PNOAO) are food categories distinguished by food source. In regulation (EC) 852 / 2004, POAO means: food from animals (e.g. eggs, blood, honey), “live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods intended for human consumption” (e.g. ostreidae, ascidiacea, abalone) and other animals that are alive and prepared for human consumption. And PNOAO refers to other products that do not contain any animal or animal product ingredients. Simple examples are vegetables and fruits. Therefore, the most obvious difference between poao and pnoao is whether it is directly or indirectly related to animals. At the same time, the supervision degree of POAO and PNOAO is very different. POAO from third-party countries (and the country must be approved by EU) must pass through border control posts and be checked, but most PNOAO can enter EU Member States through any port (although these products still need to determine whether the selected port has the necessary equipment to handle the product). (FSA, 2020) However, some high-risk PNOAOs from third-party countries can only enter the EU through border control posts, such as guar gum. The evaluation of "high risk" is based on whether the products contain pollutants (mycotoxins and aflatoxins, etc.), pesticides and Salmonella. Information on this part can be found in regulation (EC) 2019 / 1793. 1.3 Border Control Post (BCP) In order to protect consumers and enterprises from the influence of contaminated products, unfair trade practices and fraud (slough.gov.uk, 2020), most animals, POAO and PNOAO from non EU countries must be transported and inspected through BCP. (gov.uk, 2020) When importing the relevant food in the appendix of regulation No. 2019 / 1793, the importer shall inform BCP in advance of the food transported, and regulation (EC) 2017 / 625 also stipulates that the importer shall also submit relevant documents to BCP, such as the original common health entry document (CHED). At the same time, importers should be responsible for the inspection of their own goods when determining the BCP they choose. The list of BCPS can be found on the official website of European Commission. The product will be inspected at BCP, BCP will record the inspection results and decisions on CHED. If the product passes the inspection, the CHED shall arrive at the destination along with the product. Official agencies will use the information management system for official controls (IMSOC) to process data and files. For the relevant measures of import control, refer to article 43-76 of regulation (EC) 2017/625, and the detailed provisions on relevant expenses and official certification shall refer to articles 77-91 of the same regulation. The following are three important definitions of BCP official control in regulation (EU) 2017 / 625: “‘documentary check’ means the examination of the official certificates, official attestations and other documents including documents of a commercial nature, which are required to accompany the consignment as provided for by the rules referred to in Article 1(2), by Article 56(1) or by implementing acts adopted in accordance with Articles 77(3), 126(3), 128(1) and 129(1); ‘identity check’ means a visual inspection to verify that the content and the labelling of a consignment, including the marks on animals, seals and means of transport, correspond to the information provided in the official certificates, official attestations and other documents accompanying it; ‘physical check’ means a check on animals or goods and, as appropriate, checks on packaging, the means of transport, labelling and temperature, the sampling for analysis, testing or diagnosis and any other check necessary to verify compliance with the rules referred to in Article 1(2)” 2. Guar gum from India 2.1 Hazards The main hazards of guar gum from India are pentachlorophenol (PCP) and dioxins (regulation (EC) 2019/1793 Annex II). PCP is an organic chloride compound, which is commonly used as pesticide. Exposure to PCP is a dangerous thing. First of all, PCP can irritate the skin, eyes and mouth. In addition, although PCP will be eliminated by human metabolism, if PCP is absorbed by the human body (especially people with impaired liver and kidney function), it will damage the liver, kidney, spleen, plasma cells and nervous system. And the international agency for research on cancer (IARC) confirmed that PCP may cause cancer in humans. (ATSDR, 2001) Dioxins have a long half-life and are difficult to be naturally decomposed and eliminated in organisms, so they are very easy to accumulate. But if the long-term average intake does not exceed the maximum tolerable amount, there will be no problem for the time being. Animal experiments show that when dioxins reaches the critical value, the immune system and reproductive system are most easily affected. At the same time, the growth of organisms and the development of nervous system will also be damaged. Some dioxins are also carcinogenic. ( Baars, A.J. et al., 2004) 2.2 Legal Requirements According to Article 7 of regulation (EC) 2019 / 1793, the guar gum from India is kind of high-risk food and can only enter EU through BCP and need to accept official control. But FBO needs to obtain an economic operators Registration and identification number (EORI) before importing products. At the same time, the FBO has the responsibility to ensure that its commodity number is correct and has the obligation to pay some fees, such as customs duties, inspection fees, etc. The corresponding identification code shall be attached on the outer package of the goods. The CN code of the guar gum from India is ex 1302 3290 and the TARIC subdivision is 10. The operator in charge of the consignment needs to fill in the relevant part of CHED, the documents required for the three checks mentioned in 1.3 and submit it to the IMSOC before the goods arrive in the EU, which will be handed over by the system to the authorities. Along with the consigned goods, there shall also be official certificates, certificates or other evidences proving that the goods meet the requirements of Article 1 (2) of regulation (EC). 2017 / 625 or equivalent conditions. In BCP, these goods will accept identity checks, documentary checks and physical checks. The frequency of physical and identity checks is 5% for all products falling under that entry and the frequency of documentary checks is 100%. And regulation (EC) 2019 / 1793 requires that the content of PCP in this product shall not exceed the Maximum Residue Level (MRL) of 0.01mg/kg. The goods should be stored in the external temporary storage facility before the inspection results come out. After receiving the inspection results and the approval of BCP, the product can pass, and CHED shall accompany the product throughout the process. 2.3 Additional Controls Due to risk level of this product, FBO shall be responsible for filling in the official certificate in Annex IV of regulation (EC) 2019 / 1793, which shall be attached to the product and enter into BCP together. Meanwhile, FBO shall also meet all requirements for Certificate in Article 11. When sampling for PCP detection, the inspector should use the method in Directive 2002 / 63 / EC for sampling, and follow the guidance of regulation (EC) 152 / 2009 when detecting dioxins in the feed. 3. Dried apricots from Uzbekistan 3.1 Hazards The main hazard in this product, also the main inspection target, is the sulphites. Sulphite is usually used as food additive to add flavor and prevent spoilage. It does not harm the health of ordinary people. However, some sensitive individuals may suffer from dermatitis, urticaria, flushing, hypotension, abdominal pain and diarrhea due to respiratory tract irritation, and even allergic reaction and asthma reaction may be caused in severe cases. Sulphite is more dangerous for asthma patients. (Vally, H. and Missio, N.L., 2012) 3.2 Legal Requirements According to Article 7 of regulation (EC) 2019 / 1793, the dried apricots from Uzbekistan are kind of PNOAO, but in order to protect public health, they should be imported and inspected through BCP. But FBO needs to obtain an economic operators Registration and identification number (EORI) before importing products. At the same time, the FBO has the responsibility to ensure that its commodity number is correct and has the obligation to pay some fees, such as customs duties, inspection fees, etc. The corresponding identification code shall be attached on the outer package of the goods. The CN code of the dried apricots from Uzbekistan is 0813 10 00 and no the TARIC subdivision. The operator in charge of the consignment needs to fill in the relevant part of CHED, the documents required for the three checks mentioned in 1.3 and submit it to the IMSOC before the goods arrive in the EU, which will be handed over by the system to the authorities. Along with the consigned goods, there shall also be official certificates, certificates or other evidences proving that the goods meet the requirements of Article 1 (2) of regulation (EC) 2017 / 625 or equivalent conditions. In BCP, these goods will accept identity checks, documentary checks and physical checks. The frequency of physical and identity checks is 50% for all products falling under that entry and the frequency of documentary checks is 100%. And regulation (EC) 2008 / 1333 requires that the content of sulphites in this product shall not exceed the MRL of 2000mg/kg. And if the content of sulfite in this product is more than 10mg / kg, sulfite should be marked on the label as an allergen. (gov.uk, 2020) The goods should be stored in the external temporary storage facility before the inspection results come out. After receiving the inspection results and the approval of BCP, the product can pass, and CHED shall accompany the product throughout the process. 3.3 Additional Controls FBO shall prepare and attach the relevant records mentioned in 2.1 in advance. The following three reference methods can be used by the inspectors to detect sulphites in the product: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981. 4. Pistachio nuts from USA 4.1 Hazards The main hazard of this product is aflatoxins. Because pistachio shells crack before harvest, exposing the core, which makes them susceptible to mold and insect contamination. Aflatoxins are composed of about 20 related fungal metabolites, which are mainly divided into M type, B type and G type. Among them, B1 possessor has the strongest toxicity to mammals, which can lead to mutagenicity, teratogenicity and hepatotoxicity. And aflatoxin B1 is also considered to be the most likely carcinogen to humans, especially liver cancer. And aflatoxin B1 is also considered to be the most likely carcinogen to humans, especially liver cancer. B1 is the most harmful to human liver, but its effect on other parts seems to be second. Children are more sensitive to aflatoxins, which should be paid more attention to. (Abrar, M. et al., 2013) 4.2 Legal Requirements According to Article 7 of regulation (EC) 2019 / 1793, the pistachio from USA are kind of high-risk PNOAO because of the aflatoxins contamination (FSA, 2020) and can only enter EU through BCP and need to accept official control. In addition, FBO needs to obtain an EORI before importing products. At the same time, the FBO has the responsibility to ensure that its commodity number is correct and has the obligation to pay some fees, such as customs duties, inspection fees, etc. The corresponding identification code shall be attached on the outer package of the goods and the label should be marked with the information of the nut allergen, which should be highlighted. (gov.uk, 2020) Pistachio nuts can be divided into three categories according to the processing conditions, shelved, in shell and roasted. Their CN codes are 0802 52 00, 0802 51 00 and ex 2008 19 13 / ex 2008 19 93, respectively. And TARIC sub-division of the roasted pistachio nuts is 20, the other 2 do not have sub-division. The operator in charge of the consignment needs to fill in the relevant part of CHED, the documents required for the three checks mentioned in 1.3 and submit it to the IMSOC before the goods arrive in the EU, which will be handed over by the system to the authorities. Along with the consigned goods, there shall also be official certificates, certificates or other evidences proving that the goods meet the requirements of Article 1 (2) of regulation (EC) 2017 / 625 or equivalent conditions. Moreover, due to the risk of aflatoxin contamination of this product, this product needs to be subjected to additional inspection and attached with specific documents proving its compliance, including analytical and health certificates from the authorities of the country of origin. (FSA, 2018) In BCP, these goods will accept identity checks, documentary checks and physical checks. The frequency of physical and identity checks is 10% for all products falling under that entry and the frequency of documentary checks is 100%. And regulation (EC) 1881 / 2006 requires that the aflatoxin B1 content of pistachio nuts after sorting or processing should be under 12ug / kg, the total content of B and G should not exceed 15ug / kg, and the untreated should be 8ug / kg of B1, the total of B and G should not exceed 10ug / kg. The goods should be stored in the external temporary storage facility before the inspection results come out. After receiving the inspection results and the approval of BCP, the product can pass, and CHED shall accompany the product throughout the process. 4.3 Additional Controls As a special control of this product, the FBO shall be responsible for conducting additional examinations at the origin and obtaining analytical and health certificates from the competent authorities. (FSA, 2018) All inspection costs shall be borne by FBO. The inspectors shall strictly abide by the regulation (EC) 401 / 2006 method during inspection, and ensure that the latest regulations are used before testing. 5. Frozen bivalve molluscs from Turkey 5.1 Hazards According to the European Commission (2020) on restricted imports, the main source of contamination of frozen bivalve molluscs from Turkey is poor sanitation. Among them, Escherichia coli and marine biotoxin need to be detected in the origin. According to Annex I of regulation (EC) 2073 / 2005, Salmonella content is also under consideration. The first is Escherichia coli, which can affect the intestinal mucosa and induce diarrhea, vomiting, stomach spasm and other extraintestinal diseases. In severe cases, bleeding may occur and even life-threatening. (Croxen, M.A. et al., 2013) NHS points out that 5% to 10% of people may suffer from hemolytic uremic syndrome, which can lead to renal failure or death in extreme cases. Salmonella can cause gastroenteritis, headache, diarrhea and abdominal pain. Salmonella infection is also a heavy burden of public health in the world. (Yin, Y. and Zhou, D., 2018) Finally, marine biotoxins are toxins accumulated by bivalve molluscs under certain conditions (such as normal physiological activities). If the content exceeds the standard, it will cause health risks if consumed by human beings. The most common is acute gastroenteritis, but severe can also lead to neurotoxic diseases. (O’Mahony, M., 2018) 5.2 Legal Requirements According to the definition of POAO in regulation (EC) 852/2004, frozen bivalve molluscs from Turkey is a kind of POAO. Turkey is a non EU country approved to import bivalve molluscs, but article 2 of regulation (EC) 743 / 2013 stipulates that only frozen bivalve molluscs can be imported. Same as above, FBO needs to obtain an EORI before importing products and the operator in charge of the consignment needs to fill in the relevant part of CHED and submit it to the IMSOC before the goods arrive in the EU, which will be handed over by the system to the authorities. Along with the consigned goods, there shall also be official certificates, certificates or other evidences proving that the goods meet the requirements of Article 1 (2) of regulation (EC) 2017 / 625 or equivalent conditions. The FBO also needs to receive approval from the competent authority before it can operate. In addition, the label should be waterproof and should indicate the allergen information, product name and packaging date (regulation (EC) 853 / 2004 Annex III Section VII Chapter VII). This product must pass through BCP and be under official control before it can be sold in EU. In BCP, the product is checked by the official inspector (documentary checks, identity checks and physical checks). And the specified port for fishery product is designated by Article 5 (1) of Council Regulation (EC) no 1005 / 2008. Regulation (EC) 2073 / 2005 stipulates that for Salmonella, inspector shall take 5 "units comparing the sample". The qualified standard is that no Salmonella is detected in 25g samples. The content of E. coli should be less than 230 MPN / 100 g of fluid and intravenous liquid under the condition of 5 units comparing the sample, 1 "sample unit giving values between m and M". In addition, according to the article 3 of regulation (EC) 743 / 2013, the competent authorities of Turkey shall be responsible for the detection of E. coli contamination level and marine biotoxins content in products, and provide health certificate and Analysis Certificate in accordance with the format specified by EU. The reference standard for the content of marine biotoxins was that the content of PSP was less than 800ug / kg, that of amnesic shellfish poison (ASP) was less than 20mg domoic acid (OC) / kg, while OC, dinophysistoxins and pectenoxins were not more than 160mg OC EQ / kg of okadaic acid equivalences. for yessotoxins is 3.75 mg yessotoxins eq/kg,and for azaspiracid,less than 160 mg azaspiracid eq/kg. (regulation (EC) 853 / 2004 Annex III Section VII Chapter V) The official fish product inspector of BCP can write the approval result into ched and release it after confirming that the product meets the standard. Relevant supporting documents (especially ched) should be passed with the products. Regulation (EC) 853 / 2004 Annex III Section VII describes in detail all requirements related to the import of bivalve molluscs. 5.3 Additional Controls FBO shall test E. coli and marine biotoxins in the products in Turkey and obtain health certificate from competent authorities. All inspection costs shall be borne by FBO. The following are reference methods for inspectors: EN ISO 6579-1 (Salmonella), EN/ISO 16649-3 (E. coli), AOAC 2005.06 OMA (PSP). 6. Reference 6.1 Paper 1. Abrar, M. et al. (2013) 'Aflatoxins: Biosynthesis, Occurrence, Toxicity, and Remedies', Critical Reviews in Food Science and Nutrition, 53(8), pp. 862-874. 2. Agency for Toxic Substances and Disease Registry (ATSDR). 2001. Toxicological profile for Pentachlorophenol. Update. Atlanta, GA: U.S. Department of Health and Human Services, Public Health Service. 3. Baars, A.J. et al. (2004) 'Dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs: occurrence and dietary intake in The Netherlands', Toxicology Letters, 151(1), pp. 51-61. 4. Croxen, M.A. et al. (2013) 'Recent Advances in Understanding Enteric Pathogenic Escherichia coli', Clin Microbiol Rev, 26(4), pp. 822-880. 5. O’Mahony, M. (2018) 'EU Regulatory Risk Management of Marine Biotoxins in the Marine Bivalve Mollusc Food-Chain', Toxins (Basel), 10(3), pp. 118. 6. Vally, H. and Missio, N.L. (2012) 'Adverse reactions to the sulphite additives', Gastroenterol Hepatol Bed Bench, 5(1), pp. 16-23. 7. Yin, Y. and Zhou, D. (2018) 'Organoid and Enteroid Modeling of Salmonella Infection', Front Cell Infect Microbiol, 8, pp. 102. 6.2 Legislation 8. COMMISSION IMPLEMENTING REGULATION (EU) 2019/1793 of 22 October 2019 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660 (2019) OJ L277/89. 9. 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 the European Food Safety Authority and laying down procedures in matters of food safety (2019) OJ L031/1. 10. REGULATION (EU) 2017/625 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (2019) OJ L095/1. 11. REGULATION (EC) No 852/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the hygiene of foodstuffs (2009) OJ L139/1. 12. REGULATION (EC) No 853/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 laying down specific hygiene rules for food of animal origin (2019) OJ L139/55. 13. COMMISSION IMPLEMENTING REGULATION (EU) No 743/2013 of 31 July 2013 introducing protective measures on imports of bivalve molluscs from Turkey intended for human Consumption (2017) OJ L205/1. 14. COMMISSION REGULATION (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (2020) OJ L338/1. 15. REGULATION (EC) No 1333/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2008 on food additives (2020) OJ L354/16. 16. COMMISSION IMPLEMENTING REGULATION (EU) 2019/626 of 5 March 2019 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 as regards these lists (2019) OJ L131/31. 17. REGULATION (EU) 2015/478 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2015 on common rules for imports (2015) OJ L83/16. 6.3 Web 18. Food Standards Scotland (no date) PRODUCTS NOT OF ANIMAL ORIGIN (NON-POAO). Available at: https://www.foodstandards.gov.scot/business-and-industry/safety-and-regulation/imports-expor ts/products-not-of-animal-origin-non-poao (Accessed: 15 October 2020). 19. Food Standards Agency (2019) Importing products of non-animal origin. Available at: https://www.food.gov.uk/business-guidance/importing-products-of-non-animal-origin (Accessed: 15 October 2020). 20. Food Standards Agency (2018) Mycotoxins. Available at: https://www.food.gov.uk/business-guidance/mycotoxins (Accessed: 15 October 2020). 21. Food Standards Agency (2019) Importing nuts. Available at: https://www.food.gov.uk/business-guidance/importing-nuts (Accessed: 15 October 2020). 22. Food Standards Agency (2020) Importing high-risk food and feed. Available at: https://www.food.gov.uk/business-guidance/importing-high-risk-food-and-feed (Accessed: 15 October 2020). 23. Food Standards Agency (2019) Importing fishery products or bivalve molluscs. Available at: https://www.food.gov.uk/business-guidance/importing-fishery-products-or-bivalve-molluscs (Accessed: 15 October 2020). 24. Food Standards Agency (2019) Importing products of animal origin. Available at: https://www.food.gov.uk/business-guidance/importing-products-of-animal-origin (Accessed: 15 October 2020). 25. GOV.UK (no date) Starting to import. Available at: https://www.gov.uk/starting-to-import/importing-from-noneu-countries (Accessed: 15 October 2020). 26. GOV.UK (no date) Food labelling and packaging. Available at: https://www.gov.uk/food-labelling-and-packaging/ingredients-list (Accessed: 15 October 2020).