Risk management in Germany - Food Law Enforcement Practitioners

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Risk
management
structureand
in Germany
Risk
based sampling
coordinated
programmes
Georg Schreiber
BVL - Federal Office of Consumer
Protection and Food Safety
Organisational chart on
food safety in Germany
Federal Ministry of Food and Agriculture (BMEL)
• Competent national authority for food safety
• Cooperation with the European Commission
• Risk communication
• Legislation
Scientific counsel
The Federal Institute for Risk
Assessment (BfR)
• Scientific risk assessment
• Risk communication
Cooperation
Scientific
counsel
Data
Federal research institutes
• Counsel
16 Federal States
Data
Federal Office of Consumer
Protection and Food Safety
(BVL)
• Coordination
• Risk management
Organisation of competent authorities
Inspections of FBOs,
sampling, food law enforcement
European Commission
coordination,
legislation
> 400 supervision
authorities
16 Federal States
BVL:
Coordination at
national level,
authorisations,
reports
35 official laboratories
Official expertise,
assessment of compliance
Basic Facts about the BVL
Braunschweig
Bundesallee
Head Office, Central Services (Legal Affairs,
Administration)
Messeweg
Plant Protection Products, Central Services
(Information Technology)
Berlin
Mauerstraße
Press Office, Food Safety
Mittelstraße
Veterinary Drugs, Genetic Engineering
Diedersdorfer Weg
Reference Laboratories
• approximately 500 employees
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BVL – Organisational structure
Gender Equality Officer
Head Office
President
Quality Manager
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Central
Services
Food Safety
Plant
Protection
Products
Veterinary
Drugs
Genetic
Engineering
Analyses
1.1
Crisis
Manage
ment
1.2
Safety of
the Food
Chain
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BVL - Risk Management in Food Safety
“From Farm to Fork”
Actions of BVL
(examples)
farms of origin
plant protection products
veterinary drugs
genetically modified organism
manufacturers
coordination of control programs
i.e. federal control program
wholesalers
Rapid Alert System in Food and Feed
retailers
press/public information
reports (i.e. about pesticide residues)
consumers
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Coordination among authorities
communication
Federal Ministry
(BMEL)
risk management
BVL
risk assessment
BfR
communication
consultations on legislation
and risk management
16 Federal
State Ministries
LAV
audits
Ministerial
Conferences
coordination
registration
authorisation
official controls
regional councils,
regional authorities
food or feed
companies
municipal
and local
authorities
communication
registration
authorisation
official controls
official
laboratories
audits
coordination
complaints of
consumers
request for analysis
experts‘ opinions
General Administrative Procedures (AVV)
- Legal norms directed towards the administration (not to citizens or
companies).
- Govern the competencies of Federal Government and Federal States in
questions concerning food, feed, veterinary supervision and plant
protection,
Examples for current AVVs:
- AVV “Framework of food control“
- AVV “Rapid alert system”
- AVV “Data exchange”
AVV “Framework of Food Control“
AVV on principles for the enforcement of the official controls in the
field of food and feed
- Substantiates demands of the European legislation for the German food
control system where necessary.
Aims at a harmonised enforcement of food control throughout Germany,
Examples for the content of this AVV:
- minimum number of samples to be analysed (5/1000
inhabitants/year),
- criteria and model for the risk based control of establishments,
- criteria for the risk based control of products,
- risk based import controls of products of non-animal origin,
- coordinated control programs,
- measures in case of non-compliance,
- crisis management,
- information and communication system for food safety (FIS-VL)
AVV “Framework of Food Control“
Coordinated Federal control plan
Aims
• Survey of compliance with legal requirements including the
protection of consumers’ interests
• Collection of data for the review of current questions as
well as for the specification of new regulation limits
It consists of
• Programs for control of products and establishments,
• Programs concerning food, cosmetics and commodities,
• Programs covering the analyses of chemical and
microbiological parameters, the application of specific
treatment (radiation e.g.), labelling of products
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AVV “Framework of Food Control“
Coordinated Federal control plan (cont.)
Examples
• Labelling of azo-colours in food (Annex V of Reg 1333/2008)
• Dioxin in beef meat from extensively held cattle
• Microbiological status of … near “best before date”
• Sole fish in restaurants labelled as “sole”
• Labelling of “joghurt” made of oils of plant origin in
restaurants
• Traceability in SMEs
• Nickel in toys made of metal
• Cosmetics labelled as “free of parfum”
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Information and Communication System
(FIS-VL)
Registered users may upload, download, print or edit documents via web
platform (according to their rights).
Working groups, committees etc. have their own work spaces.
AVV „Data management“
EU intends to define a new exposure limit for fumonisins
Enquiry to
member
states
Report to
EU
Federal Ministry of Food and Agriculture (BMEL)
asks BVL and Federal States for support
Request
for details
data
format
Request
for support
Report
to
BMELV
formats
BVL
assessment, queries,
evaluation, report on results
data
queries
addenda
16 Federal States
evaluation of Federal States‘
databases
AVV „Rapid alert system“
National contact point of RASFF in BVL
• Upstream
- Contact point for Commission. Member States and Third
countries
• Downstream
- Contact point for 16 German Federal States
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Crisis coordination
VSMK decision 09/2012:
Crisis coordination (federal government and Länder)
Crisis council (political level)
Coordination of communication
Datamanagement
Task Force
Situation
room
Crisis task force (operative level)
Government and
Länder authorities
Scientific
risk
assessment
Fight against food fraud
Development of early warning system
• Interdisciplinary approach (participation of experts in the fields of
food and feed safety, economy, statistics, customs and police
services and public prosecutor‘s offices)
• Analyses of incidences in the past, evaluation of websites
• Coordination of activities on national level (coordinated programs)
• Publication of official methods for tests on authenticity
Early warning system
Possible elements
• Issue monitoring
• Data analyses on international level
• Monitoring of new technologies
• Interviews with experts from industry, trade and control bodies
• Support of whistle blowers
• Evaluation of facts on a scientific basis
Fight against food fraud
Coordinated control programmes (1)
Jahr
Title of the programmes
2006 Carbon monoxide treatment of salmon and tuna
2006 Increased water content in boiled ham - improper addition of
foreign protein
2007 Use of cheese imitations without labeling
2008 Labelling of vanilla in vanilla ice cream, vanilla pudding and
custard
2008 "Low in sugar", "sugar free" and "no sugar added" in accordance
with the Health Claim Regulation
2009 Use of starch in boiled sausages
2009 Quality of boiled ham and ham imitations in the catering
Fight against food fraud
Coordinated control programmes (2)
Jahr
Title of the programmes
2011 Fish species identification in fish portions labelled as sole in
gastronomy
2012 Boiled sausage without labelling the use of poultry meat
2012 Imitated yogurt in gastronomy (yogurt with vegetable fat)
2014 Analysis of meat, meat products and ready meals which are
labelled as "beef" on other, non-declared species (except for horse
meat)
2014 Use of MSM (mechanically seperated meat) in finely minced boiled
sausage with emphasizing indication of quality
Fight against food fraud
Support of whistle blowers
Fight against food fraud
Special task forces (example: Bavarian Health and Food
Safety Authority Bavaria, LGL)
• Established as a result of the rotten meat scandal in 2006
• Team of experts: Food inspectors, butchers, layers, computer
specialists, food technologists, agriculture engineers, administration
officers etc.
• Joint controls of food establishments together with the local food
control authorities
• Competence for supraregional measures, enforcement competence
• In five years more than 1630 inspections, disclosure of more than
170 cases of serious deficiencies like food fraud
Control of e-commerce
G@ZIELT
Central unit “Control of e-commerce of food, feed,
cosmetics, commodities and tobacco” since 1 July 2013
• Decision by all Länder Ministers of Consumer Protection
– Online research conducted by a central unit (6 member staff)
– Financed by the Länder
– Administrative agreement between federal government and
Länder
• Objective:
Create an internet marketplace with a similar level
of product safety as on conventional markets
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Control of e-commerce
Actions and measures of G@ZIELT
•
Identification of risky products
– Search of products offered in German language
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Identification of online traders situated in Germany
– Subject them to official risk based control
•
Allowing consumers to make well-informed choices
– Trust marks, information material
•
Information of merchants about their responsibilities/obligations
– Information material
•
European cooperation
– FLEP WG e-commerce
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Control of e-commerce
Actions and measures of G@ZIELT
Product searches
G@ZIELT
Product searches
Requests by
Länder
Transfer acc. to
§38a LFGB
Company data
Xpider (BZSt)
Data transfer
EU &
(Länder/BVL)
Third countries
Annual plan
(Länder/BVL)
Other requests
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Control of e-commerce
Annual plan
• Elaborated in the run-up to the following year
– Researches concerning vendors of specific product groups
– Products which may have a certain risk
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Annual plan 2014:
– Fresh meat/fish (focus: transport to the consumer)
– Tattoo ink sellers
– Products containing algea
– Tooth bleaching agents
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Control of e-commerce
Annual plan
Examples for fresh meat products sold online
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Control of e-commerce
Annual plan
Examples for fresh meat products sold online
(Source: Task Force Lebensmittelsicherheit Hessen)
Cooling packs do not always ensure sufficient temperature control
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Control of e-commerce
Annual plan
Examples for fresh meat products sold online
(Source: Task Force Lebensmittelsicherheit Hessen)
no cooling packs  cold chain interrupted
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Control of e-commerce
Annual plan
Examples for fresh meat products sold online
(Source: Task Force Lebensmittelsicherheit Hessen)
Hygiene?
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Control of e-commerce
Information
• Online merchants are responsible for the safety
of their products
– BVL: http://www.bvl.bund.de/internethandel
– Information for companies/sellers on eBay,
amazon.de and seal providers
• Consumers can minimise risks
– Buying from shops with seals
– Check contacts
– Be careful with unrealistic promises
– Be careful with purely online products
– Flyer with online shopping advice:
www.bvl.bund.de/flyer_internethandel
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Information of consumers
The spirit of freedom of information acts
Development
from
Freedom of information
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to
Professional confidentiality
Transparent administration
Principle of official secrecy
Access to files for every citizen
Principle of restricted file access
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Information of consumers
Public warnings on food products
• Authorities shall
inform consumers
• risk to public health,
misleading or
disgusting
• Entrepreneur has to
inform the public
• If food may have
reached the
consumer
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www.lebensmittelwarnung.de
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Latest warnings:
All warnings:
Warnings in Federal States:
ten most recent warnings
all relevant warnings
all warnings of a Federal State
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www.lebensmittelwarnung.de
For each warning details with all relevant
information are given on a subpage
(Batch no, expiry date, ect).
Information allows consumer to easily
identify the product and its health hazard
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Information of consumers
Information on pesticide residues
• Exceeding legal maximum residue levels of pesticides
– Pressure of NGO towards retailers and authorities
– Increased official controls
– Action of retailers
• Task Force in BVL
– Dialogue with all stakeholders to identify problems
– Find solutions
• Regular publication of control results
– Exceedance rate for German and EU products below 1 %
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Consumer organisation
Clarity and truth about food products
www.lebensmittelklarheit.de
• Consumers can
complain about
specific products
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• Producer is allowed
to respond to
complain
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Thank you for your attention!
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Contact:
Dr. Georg Schreiber
BVL - Safety of the Food Chain
gruppe12@bvl.bund.de
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