EU legislation concerning mycotoxins in Food and Feed Dr. Amelia Moreno ainia, Spain EU-China Seminar on Control of Aflatoxin in Peanuts Workshop on Mycotoxins – 29-30 May 2012 – Qingdao, China Health and Consumers Scope • ■ Introduction to mycotoxins: • what are they?, importance, toxicity, contamination pathway… • ■ EU legislation concerning mycotoxins • ■ Annexes Tables summary of legislation, links of interest… Health and Consumers what are they? Toxin ■ Mycotoxins are the secondary metabolites produced by several fungi ■ Many fungi are not well studied and not all the species have been identified ■ > 300 mycotoxins are known, but many of these are poorly studied or information about their toxicity is lacking. Only around 30 mycotoxins have true toxic properties which raise concerns Health and Consumers Total Nº (Regulated) Aflatoxins 20 (B1,B2,G1,G2,M1) (5) Ochratoxins 9 (A) (1) Patulin 1 Fungi genera Aspergillus Aspergillus Penicillium Aspergillus Penicillium (1) Fumonisins 15 (B1, B2) (2) Trichothecenes Hundreds (DON, T-2, HT-2) (3) Zearalenone 6 (ZEA) (1) Fusarium Alternaria Byssochlamys Fusarium Fusarium what are they? (cont.) ■ Most of them are chemically stable therefore, they can survive during storage and processing of foods and even at high temperatures (i.e. most are not destroyed in normal cooking procedures) ■ They are relatively small molecules (MW <700) with a diverse chemical structure and activity Health and Consumers Type A-trichothecenes: T-2: (R1 = OAc) HT-2 (R1 = OH) Type B-trichothecenes: DON ZEA Fumonisin B1, B2 Health and Consumers Ochratoxin Aflatoxin B1 what are they? (cont.) ■There is no confirmed reason for the existence of mycotoxins ■ The presence of the fungus does NOT automatically imply the presence of the toxin, as there are several factors involved in its production. … ■ The absence of mould doesn’t imply the absence of mycotoxins, as mycotoxins may remain even if the moulds are gone Health and Consumers Why are they important? ■ Public Health: Mycotoxins are toxic chemicals that cause a wide variety of harmful effects. They can cause cancer, birth defects, liver damage, nervous tissue damage, etc ■ Economy: Mycotoxins can infest growing or stored crops and cause economic losses at all levels of food and feed production (25% of the world’s food crops are affected by mycotoxin contamination annually). Health and Consumers Toxicity ■ Diseases caused by ingestion of mycotoxins are called mycotoxicoses. There is a wide variety of human diseases ranging from gastroenteritis to cancer. PESTICIDES ADDITIVES MICROBIOLOGY ■ The toxicity of these substances can be acute or chronic for humans and animals. PHYCOTOXINS DIET PHYTOTOXINS ■ They are considered as the contaminants with higher risk to MYCOTOXINS produce chronic toxicity (Kuipper Goodman 1999) Health and Consumers Chronic effects Contamination pathway ■ Mycotoxins are widely spread in the food chain and the complete elimination is not achievable at this time. ■ Its presence has been confirmed in almost all areas of the world and to a greater or lesser extent, in almost all staple foods Food chain contamination pathway: Health and Consumers FIELD PROCESSED STORE FOOD ANIMAL FEED RUMINANTS BIRDS PIGS MILK MEAT PRODUCTS Health and Consumers SPICES Main products affected ■ Products of Plan Origin: Nuts, cereals and derivatives, dried fruit, vegetables (Oil-bearing seeds, beans, raisins) ,spices, coffee, cocoa and fermented juices and products (apple juice, grape juice, beer, wine and cider). ■ Products Animal Origin: Milk, eggs, meat, offal and all products derived from them Health and Consumers 2. EU legislation concerning mycotoxins Health and Consumers more holistic Analytes to be controlled? ■ Reg 178/2004 General food Law ■Reg 882/2004. Global point of view on official control ■ Reg 1881/2006 and amending. Maximum levels for contaminants ■ Reg 401/2006 and amending. Sampling and analysis for more specific Mycotoxins ■ Reg 669/2009 and amending. Increased level of official controls on imports of certain feed and food of non animal origin (FFNAO) ■ Reg 1152/2009. Special condition governing certain foodstuffs imported from certain third countries Health and Consumers Use the relevant regulation!!!!!! Health and Consumers General Food Law Reg. (EC) 178/2002 Safety › Food shall not be placed on the market if it is unsafe. Where any food which is unsafe is part of a batch, lot or consignment of food of the same class or description, it shall be presumed that all the food in that batch, lot or consignment is also unsafe, unless following a detailed assessment there is no evidence that the rest of the batch, lot or consignment is unsafe. (Article 14) Health and Consumers General Food Law Reg. (EC) 178/2002 General Obligations in the food and feed trade ■ Food and feed imported for placing on the market must comply with the relevant requirements of EU food law ■ Food and feed exported or re-exported from the Community for placing on the market of a Third Country shall comply with the relevant requirements of EU Law ...with exemptions (Article 11 and 12) Health and Consumers General Food Law Reg. (EC) 178/2002 Responsibilities Food and feed business operators at all stages of production, processing and distribution …… shall ensure that foods or feed satisfy the requirements of food law which are relevant to their activities …………… (Article 17) Health and Consumers General Food Law Reg. (EC) 178/2002 Responsibilities Member States shall 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 …………………………..HOW?? OFFICIAL CONTROLS (Article 17) Health and Consumers Control of residues and contaminants Regulation 882/2004 What are official controls? Official controls are defined as "any form of control performed by the Competent Authority or by the Community for the verification of compliance with feed and food law, as well as animal health and animal welfare rules". ►The official controls involve audits, samplings and analysis… Health and Consumers inspections, verifications, Reg. (EC) N° 669/2009 regarding the increased level of official controls on imports of certain food and feed of non-animal origin Health and Consumers Reg. (EC) N° 669/2009 The increased level of officials controls is compulsory for F&FNAO listed in Annex I Reg. (EU) № 294/2012 of 3 April 2012 amending Annex I to Regulation (EC) No 669/2009 Review: quarterly (at least) Health and Consumers Increased levels Reg. (EC) 669/2009 and amend. Food Intended use Country Mycotoxin Hazelnut Feed & Food Azerbaijan Aflatoxins 10 Peanuts Feed & Food Brazil Aflatoxins 10 Peanuts Feed & Food Ghana Aflatoxins 50 India Aflatoxins 20 India Aflatoxins 20 Capsicum Curry Nutmeg Mace Ginger Curcuma Peanuts Peanut butter Food Feed & Food Health and Consumers Frequency(%) Applies 1st January 2012 BEFORE: 10 (2009/2010) Increased levels Reg. (EC) 669/2009 and amend. Food Intended use Country Mycotoxin Frequency(%) Watermelon seeds Food Nigeria Aflatoxins 50 Capsicum Food Peru Aflatoxins Ochratoxin A 10 Dried grapes Food Uzbekistan Ochratoxin A 50 South Africa Aflatoxin 10 Peanuts Feed & Food Health and Consumers Reg. (EC) № 1152/2009 imposing special conditions governing the import of certain foodstuffs from certain Third Countries due to contamination risk by aflatoxins Health and Consumers Special conditions Reg. (EC) 1152/2009 and amend. Food Country Mycotoxin Brazil nuts Brazil Aflatoxins 100 Groundnuts China Aflatoxins 20 Groundnuts Egypt Aflatoxins 20 Pistachios Iran Aflatoxins 50 Almonds (covered by VASP) United States of America Aflatoxins random Almonds (not covered by VASP) United States of America Aflatoxins 100 Health and Consumers Frequency(%) Increased levels Reg. (EC) 1152/2009 Food Country Mycotoxin Frequency(%) Hazelnuts Nuts Turkey Aflatoxins 10 Dried figs Turkey Aflatoxins 20 Pistachios Turkey Aflatoxins 50 ■ The Regulation applies also to processed and compound foodstuffs derived from or containing (>20%) the foodstuffs referred to above Health and Consumers Major Differences between Reg 1152 and 669 ■The frequency in Reg 1152/2009 is considered as a minimum in the sense that the competent authority can decide to increase the frequency of controls (other difference with Reg 669/2009 where the CA can not increase the frequency. In Spain we apply the frequency of controls as set in the Reg 1152/2009 Health and Consumers Major Differences between Reg 1152 and 669 ■ Documentary differences: Reg. 1152/2009 Reg. 669/2009 -CED -Health certificate accompanied by the results of sampling and analysis -CED -Physical control at a determined frequency -Physical control at a determined frequency CED= Common Entry Document Health and Consumers Major Differences between Reg 1152 and 669 ■ Period of detention for sampling and analysis: Reg. 1152/2009 Reg. 669/2009 15 working days Does not provide any timeframe (however they must be available as soon as technically possible) ■Differences in the scope of products containing a commodity or derived from a commodity listed in each Regulation. Health and Consumers Mycotoxins Maximum levels: Reg 1881/2006 ■ Commission Regulation (EC) 1881/2006 of 19 December 2006 setting maximum levels for certain mycotoxins in foodstuffs ■Scope: • To provide the consumers with an increased level of protection by setting maximum levels for certain contaminants in those foodstuffs that are significant contributors to total dietary exposure of the consumers to those contaminants Health and Consumers Principles: Maximum Levels Reg. (EC) 1881/2006 ■ People should be protected from the toxic effects of contaminants ■ MLs are set for -products with high consumption -products with high concentration of contaminants ■ Maximum levels are set to reasonably achievable leves but as low as possible (ALARA-principle). Aims to keep those contaminants at levels that are toxicologically acceptable and to exclude grossly contaminated food from entering the food chain. ■ ML is set for the EDIBLE part ■ It harmonises Member States’ existing measures to facilitate trade. Health and Consumers Principles: Maximum Levels Reg. (EC) 1881/2006 ■ If ML exceeds, food can’t be placed on the market -Dilution, mixing with clean products contaminated material is forbidden or detoxificating ■ Food producers are encouraged to take preventive measures -Good agricultural practices -Good storage conditions -Improved sorting procedures -etc Health and Consumers Maximum Levels Reg. (EC) 1881/2006 AFLATOXINS (B1, M1, SUM of B1,B2,G1,G2) Maximum Levels (µg/Kg) in Foodstuff ● Groundnuts (2/4) ● Almonds, pistachios and apricot kernels ● Hazelnuts and Brazil nuts ● Tree Nuts ● Dried fruit ● Cereals ● Maize and rice ● Milk ● Spices ● Infant formulae ● Processed cereal-based foods for infants ● Dietary foods for special medical purposes intended specifically for infants -Higher maximum levels for commodities subjected to sorting, or other physical treatment. e.g. groundnuts 8/15 Health and Consumers Maximum Levels Reg. (EC) 1881/2006 OCHRATOXIN A Maximum Levels (µg/Kg) in Food stuff ● ● ● ● ● ● Cereals Dried wine fruit Roasted Coffee Soluble Coffee Wine Grape juice ● Processed cereal-based foods for infants ● Dietary foods for special medical purposes intended specifically for infants ●Spices ●Liquorice -Maybe in the future: Dried fruit, cocoa and cocoa products, meat products, green coffee, beer. Health and Consumers Maximum Levels Reg. (EC) 1881/2006 PATULIN Maximum Levels (µg/Kg) in Food stuff ● Fruit juices ● Spirit drinks ● Solid apple products ● Apple Juice and solid apple products ● Baby food Health and Consumers Maximum Levels Reg. (EC) 1881/2006 DEOXYNIVALENOL Maximum Levels (µg/Kg) in Food stuff ● Cereals ● Durum wheat and oats ● Maize ● Pasta (dry) ● Bread, pastries, biscuits, snacks, breakfast cereals ●Processed cereal-based foods and baby foods ●Milling fractions of maize with particle size > 500 micron ● Milling fractions of maize with particle size < 500 micron -Higher maximum levels for maize commodities not used for direct human consumption Overview legislation - Peter Steinbüchel Health and Consumers Maximum Levels Reg. (EC) 1881/2006 ZEARALENONE Maximum Levels (µg/Kg) in Food stuff ● Cereals ● Maize ● Refined Maize oil ● Bread, pastries, biscuits, cereal snacks, breakfast cereals ●Maize snacks and maize based breakfast cereals ● Processed cereal-based foods for infants ●Milling fractions of maize with particle size > 500 micron ● Milling fractions of maize with particle size < 500 micron -Higher maximum levels for maize commodities not used for direct human consumption Health and Consumers Maximum Levels Reg. (EC) 1881/2006 FUMONISINS Maximum Levels (µg/Kg) in Food stuff ● Maize ● Maize-based cereals and snacks ● Processed maize-based foods for infants ●Milling fractions of maize with particle size > 500 micron ● Milling fractions of maize with particle size < 500 micron -Higher maximum levels for maize commodities not used for direct human consumption Health and Consumers Maximum Levels Reg. (EC) 1881/2006 T-2 AND HT-2 Maximum Levels (µg/Kg) in Food stuff ● ??? -It is necessary to collect more data for T-2 and HT-2: Maximum levels should be considered by 1 July 2008 Health and Consumers Sampling and analysis Reg. (EC) 401/2006 • Annex I: ■ Sampling methods for official control of mycotoxins http://ec.europa.eu/food/food/chemicalsafety/contaminants/guidance2010.pdf • • Annex II: ■ Criteria for the analytical methods used for official controls ■ Reporting results Health and Consumers •Requirements for Official Control laboratories •■ the Competent Authority designates laboratories that may carry out the analysis of samples taken during official controls. •■ The laboratory must be accredited by ISO 17025 (FOR ANALYSIS AND SAMPLING!!) •(Reg. 882/2004 Article 12) Health and Consumers Sampling and analysis Reg. (EC) 401/2006 Mycotoxins Analysis Requirements Contaminant Concentration Recovery Presicion (RSDR) level It means that any analytical method Aflatoxins (B1, < 1.0 µg/Kg 50-120 % 2* Horwitz that meets these criteria can be B2, G1,G2) equation 70-110 % used!!! 1-10 µg/Kg Ochratoxin >10 µg/Kg 80-110 % < 1.0 µg/Kg 50-120 % ≤60 1-10 µg/Kg 70-110 % ≤30 Health and Consumers Sampling and analysis Reg. (EC) 401/2006 Mycotoxins Analysis Requirements • … ….and the for interpretation of results • ■ The results must be reported as: XU Where, X= analytical result U = Expanded uncertainty (95%) …The expanded uncertainty should be subtracted from the analytical result after correction for recovery: Result= X-U Health and Consumers Sampling and analysis Reg. (EC) 401/2006 Mycotoxins Analysis Requirements • ■ Acceptance if the laboratory sample conforms to the maximum limit, taking into account the correction for recovery and measurement uncertainty • ■ Rejection if the laboratory sample exceeds the maximum limit, taking into account the correction and measurement uncertainty Health and Consumers Health and Consumers 14 11 8 6 10 ppb Health and Consumers 3. Annexes Health and Consumers Table Summary of legislation (1) Reg 1881/2006 Setting maximum levels for certain contaminants in foodstuff Reg 1126/2007 Amending Reg. 1881/006 setting maximum levels for certain contaminants in foodstuffs as regards Fusrium toxins in maize and maize products Reg 105/2010 Maximum levels Food Amending Reg. 1881/2006 setting maximum levels for cetain contaminants in foodstuffs as regards Ochratoxin A Reg 165/2010 Amending Reg. 1881/2006 setting maximum levels for cetain contaminants in foodstuffs as regards Aflatoxins Dir 2002/32 Setting maximum levels of contaminants in Feed and amend. Recommendation for further 5 mycotoxins Recommendation 2006/576 Health and Consumers Maximum Levels Feed Overview legislation - Peter Steinbüchel Table Summary of legislation (2) Reg 669/2009 Reg 294/2012 Increased level of official controls on imports of certain feed and food of non-animal origin Amending Reg. Anexe I of Reg 669/2011 Reg 1152/2009 On special conditions governing certain foostuffs imported from certain third countries due to contamination risks of these products by aflatoxins Reg 401/2006 Laying down the methods and sampling and analysis for the offical control of the levels of mycotoxins in foodstuffs Reg 178/2010 Amending Reg. 401/2010 as regards groundnuts, other oilseeds, tree nuts, apricot kenels, liquorice and vegetable oil Health and Consumers Sampling frequency Sampling Analysis criteria Acceptance criteria WEB LINKS OF INTEREST -European Mycotoxins Awareness NetworkEMAN http://www.mycotoxins.org/ -European Commision Health and Consumers (DG SANCO) For EU legislation, general information http://ec.europa.eu/food/food/chemicalsafet y/contaminants/index_en.htm - Access to European Union Law http://eur-lex.europa.eu/es/index.htm Health and Consumers THANK YOU!!! Health and Consumers