Food Law Alert 15 November 2013

Hot Topics Acrylamide Recommendation

WRAP 2012 Report on UK Food and Drink Waste Refusal of Article 13(5) Health Claims

Fruit Juices and Fruit Nectars (England) Regulations

Food Law Alert is a Campden BRI Member Service providing prompt and succinct news of legislative developments. Whenever possible, links are given to relevant websites from where further

information is available. In many cases entire documents can be downloaded. Normally, documents are also available from Campden BRI.

Requests should be e-mailed to: legislation@campdenbri.co.uk

FORTHCOMING EVENTS ADDITIVES

Other Additives - Use of Phosphates in Wet Salted Fish Other Additives - Use of Phosphates in Natural Sausage Casings

ANIMAL HEALTH AND WELFARE Defra CINs – Customer Information Notes Poultry - Measures for H5N1 Avian Influenza

COMMITTEES AND AGENCIES UK FSA - FSA November Board Meeting Miscellaneous - New Business Model for FERA EU EFSA - Executive Director SCFCAH - Animal Nutrition October Meeting

CONTAMINANTS Acrylamide - Recommendation on Investigations into Acrylamide Levels in Food Miscellaneous - Maximum Levels of Dioxins & PCBs in Terrestrial Animal Liver Mycotoxins - Commission Recommendation on T-2 and HT-2 Toxin in Compound Feed

DIET AND HEALTH Diet and Health - IGD Sustainable Diets Report

ENFORCEMENT Official Controls - FVO Mission Report Published

ENVIRONMENT Climate Change & Emissions to Air - Winner of EU Best Solutions to Climate Change Pollution Prevention - Consultation on Local Authority Environmental Regulation of Industrial Plant Miscellaneous - Prosecution Miscellaneous - EA Annual Sustainable Business Report Waste - Proposed Directive to Reduce Consumption of Lightweight Carrier Bags Waste - WRAP 2012 Report on UK Food and Drink Waste

FEEDINGSTUFFS Additives - Additives Authorisation Additives - EFSA Scientific Opinions Additives - Community Register of Feed Additives

GENERAL Miscellaneous - Call for Evidence on Review of the Balance of Competences between UK and EU Miscellaneous - EFSA Updated Guidance on Standard Sample Description Miscellaneous - IGD Guide on Securing Future Food Supplies Technical Rules – Draft Notifications

GENERAL FOOD LAW Miscellaneous - FSA Survey on Food Law

HEALTH & SAFETY Equipment - IOSH Electrical Safety Training Package

Miscellaneous - Reduction in Workplace Major Injuries Miscellaneous - Health & Safety Guide for SMEs

HYGIENE Biocides - Restriction of Authorisation of Bromadiolone Imports from Third Countries - Suspended Imports of Bivalve Molluscs from Peru Official Controls - Extension of Transitional Measures Official Controls - FVO Mission Report Published

LABELLING Claims - Refusal of Article 13(5) Health Claims Nutrition Labelling - Food & Drink Labelling Guide for Healthcare Professionals Protected Names - New Applications, Registrations and Amendments

NOVEL FOODS GM Foods - GM Maize 1507 Cultivation Request Referred to Council of Ministers GM Foods - EFSA Opinion on Prolongation of Prohibition of the Placing on the Market of Maize MON 863 in Austria Raw Materials & Ingredients - FSA Advice on Acacia Rigidula and Raspberry Ketones

PESTICIDES Miscellaneous - Pesticides Usage Survey Reports 19921 Plant Protection Products - Approval of Active Substance Plant Protection Products - Conditions of Approval of Bifenox Plant Protection Products - EFSA Opinion on Import Tolerance for Glyphosate in GM Oilseed Rape Residues - EFSA Opinions on the Modification of Existing MRLs Residues - EFSA Opinion on Review of Existing MRLs

PRODUCTS Food Supplements - EFSA Opinion on DRV for Vitamin C Food Supplements - EFSA Opinion on DRV for Manganese Food Supplements - FSA Warning on VERSA-1 Meat & Fish Products - Icelandic Law on Fresh Meat Imports Meat & Fish Products - Recall of Canned Beef due to Presence of Horse DNA Meat & Fish Products - FVO Mission Report Published Miscellaneous - Pisco Added to Annex III of Spirit Drinks Regulation Oils and Fats - Consultation on Enforcement of Olive Oil Marketing Standards Oils and Fats - Report on UK Consumption of Sustainable Palm Oil Seeds and Plants - Joint EFSA-EPPO Workshop on Plant Health

Food Law Alert 15 November 2013

Soft Drinks, Bottled Water & Fruit Juice - Fruit Juices & Fruit Nectars (England) Regulations

WATER

Drinking Water - Directive on Protection of Health Regarding Radioactive Substances

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FORTHCOMING EVENTS

Campden BRI's Annual Food Labelling Seminar New Date Please note that the Food Labelling Update Seminar on December 3rd is now fully booked. Due to high demand a re-run will take place on January 30th 2014. Bookings are now being taken for the new date.

When the Food Information to Consumers Regulation (FIC) comes into force in December 2014 it will fundamentally affect the labelling of food and drink within the EU. A clear understanding of these changes will minimise their impact and enable manufacturers, retailers and caterers as well as their suppliers to make a smooth transition to the new rules. For its 11th Annual Food Labelling Seminar, Campden BRI has once again assembled a team of experts to explain and discuss the significance and commercial implications of key changes to labelling legislation and related initiatives including: Retailers perspective on meeting the challenges of FIC implementation Latest updates on FIC Country of Origin labelling Food Authenticity, Monitoring and Policy Health claims and Marketing strategies COST PER DELEGATE: £395+VAT member, £495+VAT non-member For further details on the programme and how to register visit:

http://www.campdenbri.co.uk/food-labelling-seminar.php

Dates for Your Diary 2014 Food and Drink Labelling 5-6 February 2014 Food and Drink Labelling 2-3 April 2014 Food and Drink Labelling 17-18 June 2014 Food and Drink Labelling 9-10 September 2014 Food and Drink Labelling 19-20 November 2014 An introduction to Food Law 29-30 April 2014 An Introduction to Food Law 15-16 October 2014 Weights and Measures 2 October 2014 Food Information to Consumers Workshop 21 May 2014 Nutrition and Health Claims 4 June 2014 Beer Labelling Requirements 21 May 2014

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ADDITIVES Other Additives - Use of Phosphates in Wet Salted Fish Commission Regulation (EU) No 1068/2013 of 30 October 2013 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of diphosphates (E 450), triphosphates (E 451) and polyphosphates (E 452) in wet salted fish was published in the Official Journal of the EU, L289/58 , 31/10/2013. This Regulation permits the use of these phosphates in wet, salted fish and sets a maximum limit. This applies from 31 December 2013, to allow traditional Portugese producers of dried salted cod (Bacalhau) to adapt to the situation. 19921 Other Additives - Use of Phosphates in Natural Sausage Casings Commission Regulation (EU) No 1069/2013 of 30 October 2013 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sodium phosphates (E 339) in natural casings for sausages was published in the Official Journal of the EU, L289/61, 31/10/2013. This Regulation permits the use of E 339 as an acidity regulator to improve the mechanical properties of natural sausage casings, to a maximum level of 12,600 mg/kg. 19922 ANIMAL HEALTH AND WELFARE Defra CINs – Customer Information Notes Defra has issued the following Customer Information Notes (CIN) and Official Veterinary Surgeons Notes (OVS) on its webpages

OVS 13/31 Harmonised Charge for 2014

OVS 2013/32 Safeguard measures – bivalve molluscs for human consumption from Peru

CIN/GEN/13/102 Review of the Tri-Partite Agreement (TPA) - Movement of horses between UK, Ireland and France

19923 Poultry - Measures for H5N1 Avian Influenza Commission Implementing Decision 2013/635/EU of 31 October 2013 amending Decisions 2005/734/EC, 2006/415/EC and 2007/25/EC as regards their period of application was published in the Official Journal of the EU, L293/40, 05/11/2013. Decision 2005/734/EC lays down biosecurity measures to reduce the risk of transmission of highly pathogenic H5N1 avian influenza from wild birds to poultry and other captive birds, Decision 2006/415/EC lays down certain protection measures to be applied in case of an outbreak of H5N1 avian influenza in poultry in a Member State and Decision 2007/25/EC concerns certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds. This Decision extends the period of application of these measures from 31 December 2013 until 31 December 2015.

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19924 COMMITTEES AND AGENCIES UK FSA - FSA November Board Meeting The Food Standards Agency announced on 8 November 2013 that its open Board meeting, held on 5 November 2013, is available as a video-on-demand and as a podcast. The agenda included:

update on horse meat action plan

BSE: a report on surveillance and enforcement of controls on specified risk material and animal feed

UK local authority food law enforcement annual report 2012/13

annual update on nutrition in Scotland and Northern Ireland

local authority audit rating scheme in Wales (See Food Law Alert 1 November 2013, Item No.19866) 19925 Miscellaneous - New Business Model for FERA Defra announced on 8 November 2013 that a 'market sounding' exercise has been launched, looking at a new business model for the Food and Environment Research Agency (Fera) with a possible new joint venture with potential partners. In any new structure, key teams such as the Bee Health Inspectors and the Plant Health and Seeds Inspectorate will remain inside government to ensure that animal and plant diseases are monitored and reported. Defra will also retain the necessary level of control to ensure that Fera continues to be able to respond to emergency situations such as a major plant health or food incident. 19926 EU EFSA - Executive Director The European Food Safety Authority (EFSA) has announced that, following the resignation of Catherine Geslain-Lanéelle in August 2013, Bernhard Url was appointed as interim Executive Director by the EFSA Management Board in October 2013. The European Commission has launched a recruitment procedure for a permanent appointment. The closing date for registration is 25 November 2013. 19927 SCFCAH - Animal Nutrition October Meeting The Summary Report of the Standing Committee on the Food Chain and Animal Health, section on Animal Nutrition, held on 17 - 18 October 2013 has been published. Amongst other items, the Committee discussed:

Feed additive applications under Regulation (EC) No. 1831/2003 Article 7 and the EFSA Opinions

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A definition for 'growth promoters' under Annex IV of Regulation (EC) 183/2005

Draft code of good labelling practice for compound feed for food-producing animals

The September working group on feed for particular nutritional purposes. 19928 CONTAMINANTS Acrylamide - Recommendation on Investigations into Acrylamide Levels in Food Commission Recommendation 2013/647/EU of 8 November 2013 on investigations into the levels of acrylamide in food was published in the Official Journal of the EU, L301/15, 12/11/2013. On the basis of the investigations during 2011 and 2012 and on the basis of the monitoring results obtained, this Recommendation replaces that from 10 January 2011 and modifies certain indicative values contained in the Annex. Limits are lowered for crispbread, biscuits and rusks for infants and young children, processed cereal based foods for infants and young children and baby foods not containing prunes. Soft bread is divided into two categories of wheat based bread and other soft bread. Breakfast cereals are further subdivided with separate levels. It also stipulates that investigations should clarify the extent to which currently known options for the minimisation of acrylamide levels, such as the acrylamide toolbox, have been implemented by the food business operator. Member States are required to report the findings to the Commission by 31 October 2014 and 30 April 2015. 19929 Miscellaneous - Maximum Levels of Dioxins & PCBs in Terrestrial Animal Liver Commission Regulation (EU) No 1067/2013 of 30 October 2013 amending Regulation (EC) No 1881/2006 as regards maximum levels of the contaminants dioxins, dioxin-like PCBs and non-dioxin-like PCBs in liver of terrestrial animals was published in the Official Journal of the EU, L289/56, 31/10/2013. As a result of an EFSA opinion and an investigation by the European Union Reference Laboratory (EURL), and in order to ensure comparable results and a uniform enforcement approach across the Union as regards dioxins and PCBs in liver of terrestrial animals, the Regulation establishes the maximum levels on a wet weight basis. It does not apply to products placed on the market before 1 January 2014. 19930 Mycotoxins - Commission Recommendation on T-2 and HT-2 Toxin in Compound Feed Commission Recommendation of 4 November 2013 amending Recommendation 2006/576/EC as regards T-2 and HT-2 toxin in compound feed for cats was published in the Official Journal of the EU, L294/44, 06/11/2013. This Recommendation establishes a guidance value of 0.05 mg/kg for the sum of T-2 and HT-2 toxin in cat feed with a moisture content of 12%. 19931

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DIET AND HEALTH Diet and Health - IGD Sustainable Diets Report The Institute of Grocery Distribution (IGD) published on 1 November 2013 a report of the findings from its quantitative and qualitative shopper research on the reasons for shoppers adopting a more environmentally sustainable and healthy diet. This report is part of the IGD's 3- year sustainable diets project and its key findings are as follows:

Nearly half of shoppers say healthy options are important compared to one in five that consider ethical factors;

More shoppers than in 2009 feel able to positively influence their health, British farmers, the local economy and the way animals are treated through their grocery shopping decisions; Sustainability plays an important role when shoppers are choosing between products;

Shoppers expect industry to take responsibility on nutrition and the environment, to inspire them and provide information to help them make informed choices.

19932 ENFORCEMENT Official Controls - FVO Mission Report Published The European Commission has published the following mission report:

Country Date of Mission Purpose of Mission

Belgium 4 to 8 March 2013 To evaluate the systems put in place to give effect to the provisions of Article 8(3) of Regulation 882/2004 on official controls.

19933 ENVIRONMENT Climate Change & Emissions to Air - Winner of EU Best Solutions to Climate Change The European Commission announced on 7 November 2013 that the overall winner of its 'World You Like Challenge' competition for the best solutions to climate change was the Portuguese project 'Sown Biodiverse Pastures'. This project, which involves over 1000 Portuguese farmers and provides them with seed mixtures adapted for specific soils, provides an innovative solution in reducing CO2 emissions, soil erosion and the risk of wild fires while increasing the productivity of pasturelands. 19934 Pollution Prevention - Consultation on Local Authority Environmental Regulation of Industrial Plant Defra launched on 22 October 2013 a consultation on the Local Authority Environmental Regulation of Industrial Plant: 2014 to 2015 fees and charges in England.

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The Environmental Permitting Regulations 2010 provide for the setting of fees and charges for Local Air Pollution Prevention and Control (LAPPC) and Local Air - Integrated Pollution Prevention and Control (LA-IPPC) at levels that will recover costs of local authorities of implementing the system. This consultation relates to the LAPPC and LA-IPPC fees and charges in England. The closing date for responses to the consultation is 18 December 2013. 19935 Miscellaneous - Prosecution The Environment Agency announced on 5 November 2013 that two companies had each been fined £8,000 and ordered to pay £2,333.98 in legal costs after they unlawfully discharged pig slurry into watercourse, killing more than 1,300 fish. An investigation revealed that the farm had been spreading slurry on its land, via a contractor. That slurry had been able to flow off the fields into drains, which eventually fed the watercourse. 19936 Miscellaneous - EA Annual Sustainable Business Report The Environment Agency (EA) announced on 11 November 2013 that its annual Sustainable Business Report had been published.

The report is an annual stocktake of environmental performance in England. It shows that, overall, the environmental performance of UK industry continues to improve, with the number of pollution incidents in England classified as serious or significant falling by 8% to an all time low of 504. Half of all pollution incidents were in the waste, water and agricultural sectors. The move by the EA to reduce administrative costs for businesses means that operators who comply fully with their permits pay nearly 70% less in regulatory fees. 19937 Waste - Proposed Directive to Reduce Consumption of Lightweight Carrier Bags The European Commission published on 4 November 2013 a Proposal for a Directive of the European Parliament and of the Council, amending Directive 94/62/EC on packaging and packaging waste to reduce the consumption of lightweight plastic carrier bags. The general objective of this proposal is to limit negative impacts on the environment, in particular of littering, to encourage waste prevention and a more efficient use of resources, while limiting negative socio-economic impacts. More specifically, the proposal aims at reducing the consumption in the EU of plastic carrier bags with a thickness of below 50 microns. 19938 Waste - WRAP 2012 Report on UK Food and Drink Waste The Waste and Resources Action Programme (WRAP) has published its report on household food and drink waste in the UK 2012, revealing a substantial reduction in the amount of household food and drink waste between 2007 and 2012. The research results show that avoidable household food waste has been cut by 21% since 2007. However, UK households are still throwing away 4.2 million tonnes of household food and drink annually. The report further estimates the quantity and types of food and drink waste generated by UK households in 2012, compared to 2007 estimates, why it is thrown away, and where the material goes.

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Through its Efficient Consumer Response (ECR) UK initiative, the IGD has also launched an online waste prevention guide, to help businesses to eliminate waste or redistribute surpluses. 19939 FEEDINGSTUFFS Additives - Additives Authorisation Commission Implementing Regulations concerning the authorisation of the following feed additives have been published in the Official Journal of the EU:

Commission Implementing Regulation

Feed Additive Date of Publication

Use End of Period of Authorisation

1059/2013 Preparation of Saccharomyces cerevisiae MUCL 39885

31 October 2013

for cattle for fattening

19 November 2023

1060/2013 Bentonite 31 October 2013

for all animal species

19 November 2023

1061/2013 Preparation of Enterococcus faecium NCIMB 10415

31 October 2013

for calves, kids, cats and dogs

19 November 2023

1077/2013 Preparation of Enterococcus faecium NBIMCC 8270, Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244, and Streptococcus thermophilus NBIMCC 8253

1 November 2013

for suckling piglets

21 November 2023

1078/2013 Fumaric Acid 1 November 2013

For all animal species

21 November 2023

1101/2013 Enterococcus faecium DSM 7134 and Lactobacillus rhamnosus DSM 7133

7 November 2013

For calves for rearing

27 November 2023

1113/2013 Preparations of Lactobacillus plantarum NCIMB 40027, Lactobacillus buchneri DSM 22501, Lactobacillus buchneri NCIMB 40788/CNCM I-

8 November 2013

For all animal species

28 November 2023

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4323, Lactobacillus buchneri LN 40177/ATCC PTA-6138, and Lactobacillus buchneri LN 4637/ATCC PTA-2494

19940 Additives - EFSA Scientific Opinions EFSA's Panel on Additives and Products or Substances used in Animal Feed (FEEDAP) has published a scientific opinion on the safety and efficacy of the following feed additive:

Feed Additive Date of Publication

Use EFSA Comments

Lactobacillus plantarum (ATCC 55058 and ATCC 55942) and Pediococcus acidilactici (CNCM I-3237)

31 October 2013

Silage additives for all species

The data for the two L. plantarum strains, taken overall, provide little evidence of a benefit when used in the production of silage. The P. acidilactici strain has the potential to improve the production of silage from easy, moderately difficult and difficult to ensile material by reducing the pH and increasing the preservation of dry matter at a minimum dose of 5 × 107 CFU/kg forage.

L-cysteine hydrochloride monohydrate

31 October 2013

Flavouring additive for pets

It is not clear if the use of L-cysteine, is the same as that for human food and, therefore, efficacy cannot be assumed and has not been demonstrated. The Panel made a recommendation regarding the specification of the additive.

Betaine (betaine anhydrous and betaine hydrochloride)

12 November 2013

Feed additive for all animal species

This is a corrigendum to the Opinion published in May 2013. The premixture used to test the stability of betaine anhydrous and betaine hydrochloride did contain choline chloride. The text on page 10 has been amended accordingly. The recommendation of the Panel to avoid the simultaneous use of betaine and choline chloride in premixtures has been deleted.

19941 Additives - Community Register of Feed Additives The European Commission published on 6 November 2013 Revision 172 of the Community Register of Feed Additives. 19942

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GENERAL Miscellaneous - Call for Evidence on Review of the Balance of Competences between UK and EU Defra launched on 21 October 2013, calls for evidence on the following areas, as part of the Government’s Review of the Balance of Competences between the UK and the EU:

Agriculture

Fisheries These reports will examine the EU’s competence (power to act) for the common agricultural policy, plant health, plant reproductive materials, international trade in agricultural goods, a common fisheries policy, fisheries management and aquaculture. The reports will examine the scope of the EU’s competence, how it is used and its effect on the UK. The closing date for responses to these consultations is 13 January 2014. 19943 Miscellaneous - EFSA Updated Guidance on Standard Sample Description for Food and Feed EFSA published on 31 October 2013 extended guidance on Standard Sample Description (SSD) version 2.0. This revised guidance extends the previously published EFSA guidance “Standard Sample Description for Food and Feed” to cover additional data collection domains such as zoonotic agents in food and animals, antimicrobial resistance and food additives. The revised SSD also includes updated lists of standardised data elements, which are items describing characteristics of samples or analytical results such as country of origin, product, analytical method, limit of detection and test result. 19944 Miscellaneous - IGD Guide on Securing Future Food Supplies The IGD has launched its guide on Securing Future Food Supplies, to help buyers and planners to prepare for what might lie ahead. The guide is split into 19 sections, each covering a separate food security issue, explained from a company viewpoint. It also includes recommendations on how to manage risk and keep down costs. 19945 Technical Rules – Draft Notifications The European Commission has published notifications of the following draft national rules as summarised below:-

Country Subject Summary

Denmark Organic foods and organic aquaculture

This Regulation enables the production of organic noble crayfish in Denmark and lays down detailed rules, which supplement the EU organic rules, for their production.

Italy Fertilisers The Decree approves the official methods for analysing fertilizers

Italy Cheese The Decree approves the official analysis method

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for determining free amino acid content in cheese

Lithuania Drinks in glass, plastic or metal packaging

The draft lays down a mandatory deposit system for disposable packaging and sets out the principal requirements.

Slovakia Agricultural products and foodstuffs

The Draft decree lays down the details for labelling of foodstuffs with voluntary information

Slovakia Foodstuffs containing steviol glycosides

The draft decree lays down voluntary labelling requirements for providing the consumer with better information about foodstuffs containing steviol glycosides

United Kingdom Carrier Bags The Bill will allow the charging arrangements for new, single use carrier bags to be applied to a wider variety of carrier bags and to enable these bags to be defined by their price in Northern Ireland. The draft Carrier Bags Levy Regulations (Northern Ireland) 2014 are to be made using the new powers in the Carrier Bags Bill.

19946 GENERAL FOOD LAW Miscellaneous - FSA Survey on Food Law The Food Standards Agency launched on 11 November 2013 a survey on how UK food businesses find out about food regulation. The Agency is particularly interested in responses from micro businesses and will use feedback to improve its guidance and how it keeps businesses up to date. 19947 HEALTH & SAFETY Equipment - IOSH Electrical Safety Training Package The Institute of Occupational Health and Safety (IOSH), the Chartered body for health & safety professionals, has produced an electrical safety training package, aimed at electrical workers, managers, supervisors and operatives working within food & drink manufacturing. The user-friendly package includes a DVD, guidance and operator toolbox talk including competency assessments and focuses on the unique electrical hazards in the food and drink manufacturing industry. The DVD aim is to raise awareness of electrical hazards and associated controls in sometimes wet and dusty environments. 19948 Miscellaneous - Reduction in Workplace Major Injuries The Health & Safety Executive (HSE) announced on 31 October 2013 that provisional statistics show an 11% reduction in workplace major injuries compared with 2011/12. The figures show that in Britain between April 2012 and March 2013:

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19,707 major injuries to employees were reported compared with 22,094 in 2011/12;

148 workers were fatally injured – down from 171 the previous year;

Workplace injuries and ill-health (excluding work related cancer) cost society an estimated £13. 8 billion in 2010/11 compared with £16.3 billion in 2006/07.

19949 Miscellaneous - Health & Safety Guide for SMEs The HSE has developed a range of tools and guidance to help small and medium sized businesses (SMEs) understand health and safety, entitled 'H&S ABC - An Easy Guide to Health & Safety'.

The objective of this advice is to help SMEs to understand what they do and don’t need to do to avoid unnecessary paperwork and effort. 19950 HYGIENE Biocides - Restriction of Authorisation of Bromadiolone Commission Implementing Decision 2013/630/EU of 29 October 2013 approving restrictions of the authorisation of one biocidal product containing bromadiolone notified by Germany in accordance with Directive 98/8/EC of the European Parliament and of the Council was published in the Official Journal of the EU, L289/65, 31/10/2013. This Decision permits Germany to restrict the authorisation granted for rodenticides containing bromadiolone to use by trained or licensed professionals. 19951 Imports from Third Countries - Suspended Imports of Bivalve Molluscs from Peru Commission Implementing Decision 2013/636/EU of 31 October 2013 amending Decision 2008/866/EC, on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption, as regards its period of application was published in the Official Journal of the EU, L293/42, 05/11/2013. This Decision extends the limit of application of emergency measures suspending imports from Peru of these products from 30 November 2013 to 30 November 2014. 19952 Official Controls - Extension of Transitional Measures

Commission Regulation (EU) No 1079/2013 of 31 October 2013 laying down transitional measures for the application of Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council was published in the Official Journal of the EU, L292/10, 01/11/2013. Due to difficulties addressed by a review of Regulations 853/2004 and 854/2004 and the need for more time to finalise the impact assessment, this Regulation repeals Regulation (EC) No. 1162/2009 and provides for a further transitional period during which certain transitional measures currently laid down in that Regulation should continue to apply. The transitional period is from 1 January 2014 to 31 December 2016.

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This Regulation provides for a derogation from the provisions of Regulation (EC) No. 853/2004 for the direct supply of small quantities of meat from poultry and lagomorphs and further health conditions for imports of products of animal origin in the absence of harmonised Union rules. 19953 Official Controls - FVO Mission Report Published The European Commission has published the following mission report:

Country Date of Mission Purpose of Mission

Latvia 3 to 14 June 2013 To evaluate the follow-up action taken by the competent authorities with regard to official controls related to the safety of food of animal origin, in particular meat, milk and their products.

19954 LABELLING Claims - Refusal of Article 13(5) Health Claims

Commission Regulation (EU) No 1066/2013 of 30 October 2013 refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health, was published in the Official Journal of the EU, L289/49, 31/10/2013. This Regulation refuses the inclusion of a number of Article 13(5) health claims in the Union list of permitted claims including those relating to glucosamine, wheat polar lipid extract, Rhodiola rosea L. Extract, a combination of flaxseed oil and vitamin E, OptiEFAX™, hyaluronic acid and Transitech®. However, the health claims used prior to the entry into force of the Regulation, may continue to be used for a maximum period of six months after the entry into force of the Regulation. 19955 Nutrition Labelling - Food & Drink Labelling Guide for Healthcare Professionals The Food & Drink Federation (FDF) launched on 5 November 2013 its guidance on food and drink labelling changes as a result of the Food Information to Consumers Regulation. The guidance, entitled 'Food and Drink Labelling: A tool to encourage healthier eating - A resource for Healthcare Professionals' provides a breakdown of forthcoming changes to nutrition, allergen and ingredient labelling, which will take effect as of December 2014. The resource also offers tips for Healthcare Professionals on the best ways of communicating this information to patients as they have a vital role to play in helping people to adapt to these changes. 19956 Protected Names - New Applications, Registrations and Amendments Information concerning the following applications, registrations and amendments of food names has been published in the Official Journal of the EU:

Name Notification Status Commodity Country

Plátano de Canarias Registration PGI Fruit Spain

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Westfälischer Knochenschinken

Registration PGI Meat-Based Products

Germany

Raschera Amendment PDO Cheeses Italy

Travia da Beira Baixa Registration PDO Milk Products Portugal

Sierra de Cádiz Amendment PDO Oils and Fats Spain

Poulet des Cévennes / Chapon des Cévennes

Registration PGI Fresh Meat France

Lentilles vertes du Berry Amendment PGI Fruit, Vegetables & Cereals

France

Gâche vendéenne Registration PGI Bakers Wares France

‘Basterdsuiker’/ ‘Basterdsuicker’/ ‘Basterdsuijcker’/ ‘Basterdsuijker’/ ‘Basterd’/‘Bastardsuiker’/ ‘Bastardsuicker’/ ‘Bastardsuijcker’/ ‘Bastardsuijker’/ ‘Bastard’/‘Bastert’/ 'Bastertsuiker’

Registration TSG Confectionery & Bakers Wares

The Netherlands

Carne de Bravo do Ribatejo

Registration PDO Fresh Meat Portugal

Stromberger Pflaume Registration PDO Fruit Germany

Melone Mantovano Registration PGI Fruit Italy

Queso Los Beyos Registration PGI Cheeses Spain

Lietuviškas varškės sūris

Registration PGI Cheeses Lithuania

Pan de Alfacar Registration PGI Bakers Wares Spain

Almendra de Mallorca/Almendra Mallorquina/Ametlla de Mallorca/Ametlla Mallorquina

Application PGI Nuts Spain

Miele Varesino Application PDO Honey Italy

Pecorino Sardo Amendment Application

PDO Cheeses Italy

Lomnicke Suchary Amendment Application

PGI Bakers Wares Czech Republic

Arancia Rossa di Sicilia Amendment PGI Fruit Italy

Miel de Corse/Mele di Corsica

Amendment PDO Honey France

Melva de Andalucía Amendment PGI Fresh Fish, Molluscs & Crustaceans

Spain

Piment d’Espelette/ Piment d’Espelette – Ezpeletako Biperra

Amendment PDO Spices France

Volaille de Bresse/ Poulet de Bresse/ Poularde de Bresse/ Chapon de Bresse

Amendment PDO Fresh Meat France

Κονσερβολιά Στυλίδας (Konservolia Stylidas)

Amendment PDO Olives Greece

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19957

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NOVEL FOODS GM Foods - GM Maize 1507 Cultivation Request Referred to Council of Ministers The European Commission announced on 6 November 2013 that, in line with a ruling of the General Court of the European Union, it had acted by referring a GMO cultivation request to the Council of Ministers. The ruling related to a cultivation request submitted in 2001 for genetically modified maize 1507 (Bt maize). Since this time, EFSA has published a number of positive opinions on the request. In parallel, the Commission has requested a fresh debate in the Council of Ministers of its "cultivation proposal", which would allow Member States to restrict or prohibit cultivation of GMOs on their territory on grounds other than those relating to risks to health and the environment. The European Parliament has already adopted its opinion. A Questions and Answers document has also been published by the Commission. 19958 GM Foods - EFSA Opinion on Prolongation of Prohibition of the Placing on the Market of Maize MON 863 in Austria EFSA's Panel on Genetically Modified Organisms (GMO) published on 12 November 2013 a Scientific Opinion on a request from the European Commission for the assessment of the new scientific elements supporting the prolongation of prohibition of the placing on the market of maize MON 863 for food and feed purposes in Austria. The Panel concluded that the new scientific elements submitted by the Austrian Authorities do not lead it to reconsider the conclusions in its opinions on maize MON 863. 19959 Raw Materials & Ingredients - FSA Advice on Acacia Rigidula and Raspberry Ketones The FSA wrote to interested parties on 24 October 2013 regarding its advice on the status of raspberry ketones and ingredients obtained from the plant Acacia rigidula, in relation to European legislation on novel foods. The Agency is of the view that both raspberry ketones and A. rigidula are regulated under Council Regulation (EC) 258/97 on novel foods and food ingredients and may therefore only be marketed if they have been evaluated and authorised. Neither raspberry ketones nor any ingredients obtained from A. rigidula have been authorised under this regulation and the FSA is not aware of any evidence for a history of consumption of these substances anywhere in the EU before May 1997. Therefore, companies who wish to market foods containing raspberry ketones or any ingredient obtained from A. rigidula in the EU will need to apply for an authorisation under the Novel Foods Regulation.

The FSA intends to highlight this issue to UK food enforcement bodies and would be grateful for any information that might demonstrate a significant history of consumption of raspberry ketones or A. rigidula in the EU before 15 May 1997 by 30 November 2013. For further information, please contact: legislation@campdenbri.co.uk 19960

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PESTICIDES Miscellaneous - Pesticides Usage Survey Reports The HSE announced on 7 November 2013 the publication of the Pesticide Usage Survey (PUS) reports for Soft Fruit in the UK and Potato Stores in the UK for 2012. The PUS collects quantitative and qualitative data on pesticides used in agriculture, horticulture and food storage. The EU Statistics Regulation (1185/2009/EC) requires the collection of data on sales and usage of pesticides. PUS data are now collected as part of that requirement. There are links to the individual report via the HSE website. 19961 Plant Protection Products - Approval of Active Substance The following Commission Implementing Regulation, approving the active substances listed, in accordance with Regulation (EC) No. 1107/2009 of the European Parliament and of the Council concerning the placing on the market of plant protection products, and amending the Annex to Commission Implementing Regulation (EU) No. 540/2011, has been published in the Official Journal of the EU:

Commission Implementing Regulation

Date of Publication

Active Substance

Date of Application

Expiry Date

1089/2013 5 November 2013 Kieselgur (diatomaceous earth)

1 September 2009 31 August 2019

19962 Plant Protection Products - Conditions of Approval of Bifenox Commission Implementing Regulation (EU) No 1124/2013 of 8 November 2013 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance bifenox was published in the Official Journal of the EU, L299/34, 09/11/2013. This Regulation amends the conditions of approval of this active substance as a herbicide to take account of the fact that, under certain environmental conditions, the use of bifenox has the potential to form nitrofen, which is a risk for the environment. 19963 Plant Protection Products - EFSA Opinion on Import Tolerance for Glyphosate in GM Oilseed Rape EFSA published on 5 November 2013 a Reasoned Opinion on the import tolerance for glyphosate in genetically modified oilseed rape. This opinion is in response to an import tolerance application for the authorized use of glyphosate in Canada and the United States on genetically modified oilseed rape containing the glyphosate N-acetyltransferase (gat) gene. EFSA concluded that residues of glyphosate in genetically modified rape seed containing the gat gene will not result in a consumer exposure exceeding the toxicological reference values and therefore is unlikely to pose a public health concern.

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19964 Residues - EFSA Opinions on the Modification of Existing MRLs EFSA has published Reasoned Opinions on the modification of the existing maximum residue levels (MRLs) for the following substances:

Spinosad in small fruit and berries and several commodities of animal origin

Fluopicolide in hops and certain root and tuber vegetables

Indoxacarb in beans (with pods) and mustard seed 19965 Residues - EFSA Opinion on Review of Existing MRLs EFSA has published a Reasoned Opinion on the review of the existing maximum residue levels (MRLs) for the following substance, according to Article 12 of Regulation (EC) No 396/2005:

Tribenuron 19966 PRODUCTS Food Supplements - EFSA Opinion on DRV for Vitamin C EFSA's Panel on Dietetic Products, Nutrition and Allergies (NDA) published on 4 November 2013 a Scientific Opinion on Dietary Reference Values for vitamin C. For healthy adults, the average requirements (AR) and Population Reference Intakes (PRI) proposed for vitamin C are 90 mg/day and 110 mg/day, respectively for men and 80 mg/day and 95 mg/day, respectively for women. For infants aged 7-11 months, the Panel decided to retain the PRI of 20 mg/day set by the SCF (1993). For children and adolescents, the ARs and PRIs range from 20 mg/day for 1 to 3 year-old children, to 100 and 90 mg/day for boys and girls aged 15-17 years, respectively. For pregnant and lactating women, vitamin C intakes of 10 mg/day and of 60 mg/day in addition to the PRI of non-pregnant non-lactating women are proposed. 19967 Food Supplements - EFSA Opinion on DRV for Manganese EFSA's Panel on Dietetic Products, Nutrition and Allergies (NDA) published on 4 November 2013 a Scientific Opinion on Dietary Reference Values for manganese. As there is insufficient evidence available to derive an average requirement (AR) or a population reference intake (PRI), an Adequate Intake (AI) is proposed. Mean intakes of manganese in adults in the EU are around 3 mg/day. An AI of 3 mg/day is proposed for adults, including pregnant and lactating women. For infants aged from 7 to 11 months, an AI of 0.02–0.5 mg/day is proposed, and the AI for children and adolescents is based on extrapolation from the adult AI. 19968 Food Supplements - FSA Warning on VERSA-1 The Food Standards Agency published on 11 November 2013 a warning to the public not to consume a food supplement product called VERSA-1.

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This advice is in addition to the previous FSA advice not to consume another supplement called OxyElite Pro, produced by the same manufacturer, which has been potentially linked to a number of cases of hepatitis in the US (see Food Law Alert 1 November 2013, Item No. 19913). Although VERSA-1 has not been associated with hepatitis, both supplements contain the unapproved novel ingredient aegeline. 19969 Meat & Fish Products - Icelandic Law on Fresh Meat Imports The European Free Trade Association (EFTA) Surveillance Authority announced on 30 October 2013 that Icelandic legislation currently applicable to the importation of fresh meat, meat preparations (such as sausages) and other meat products from other EEA States is in breach of EEA law. The import authorisation procedure applied in Iceland goes beyond the requirements of the Directive concerning veterinary checks in EEA trade and cannot be justified on grounds of protection of health and life of humans or animals. A letter of formal notice is the first step in an infringement procedure against an EEA State and, if no response is received from the Icelandic Government within two months, the EFTA Surveillance Authority may decide to deliver a reasoned opinion, the final step before the Authority can to refer the case to the EFTA Court. 19970 Meat & Fish Products - Recall of Canned Beef due to Presence of Horse DNA The FSA announced on 31 October 2013 that a batch of canned sliced beef manufactured in Romania had been found to contain horse DNA and been withdrawn from sale. The presence of horse DNA in the product, at a level of between 1 and 5%, was identified during routine testing carried out by trading standards officers. Horse meat is not identified in the ingredients list and therefore it should not have been present in the product. The affected batch has been withdrawn from sale and any consumers who have bought the product are advised to return it to where it was purchased. The affected batch has a ‘best before’ date of January 2016 and a batch code of 13.04.C 19971 Meat & Fish Products - FVO Mission Report Published The European Commission has published the following mission report:

Country Date of Mission Purpose of Mission

Australia 12 to 24 October 2012

To evaluate the operation of public health control systems and certification procedures over the production of fresh ovine, equine and wild game meat destined for export to the EU.

19972 Miscellaneous - Pisco Added to Annex III of Spirit Drinks Regulation Commission Regulation (EU) No 1065/2013 of 30 October 2013 amending Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and protection of geographical indications of spirit drinks was published in the Official Journal of the EU, L289/48, 31/10/2013.

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This Regulation adds the fruit spirit 'Pisco' to Annex III of Regulation 110/2008 and clarifies that the protection of the geographical indication ‘Pisco’ for products originating in Peru does not hinder the use of such denomination for products originating in Chile. 19973 Oils and Fats - Consultation on Enforcement of Olive Oil Marketing Standards Defra launched on 25 October 2013 a consultation on the proposed arrangements for the enforcement of EU marketing standards on olive oil which will apply from 2014. The proposed enforcement arrangements will include:

annual inspections of olive oil bottling establishments;

annual conformity checks consisting of a chemical and taste analysis of olive oil samples collected from operators bottling olive oil and from the retail sector.

The closing date for responses to the consultation is 21 November 2013. 19974 Oils and Fats - Report on UK Consumption of Sustainable Palm Oil Defra announced on 11 November 2013 that a report on the UK consumption of sustainable palm oil: annual review had been published. The report is the first review of the UK consumption of palm oil in four years and since an agreement was made in 2012 to source 100 per cent sustainable palm oil by 2015. The latest figures show that around 52% of palm oil is sustainably sourced, compared with 24% in 2009. A UK statement on sustainable palm oil has also been published. 19975 Seeds and Plants - Joint EFSA-EPPO Workshop on Plant Health EFSA has published details of a joint EFSA-EPPO Workshop, planned for 1-3 April 2014 in Parma, Italy on ‘Data collection and information sharing in plant health’. The main objective of this Workshop is to exchange experience and reflect on how to collect, store and disseminate plant health information at national, regional and global level. The detailed programme will be announced and official registrations to the conference opened by mid December 2013. 19976 Soft Drinks, Bottled Water & Fruit Juice - Fruit Juices & Fruit Nectars (England) Regulations The Fruit Juices and Fruit Nectars (England) Regulations 2013, SI 2013 No. 2775, were laid before Parliament on 30 October 2013 and come into force on 20 November 2013. These Regulations apply in England only and implement the provisions of Council Directive 2012/12/EU, amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption. The new Regulations also consolidate existing Regulations in England concerning fruit juices and similar products, including fruit nectars, to ensure consistency in the minimum quality for products labelled as fruit juices and fruit nectars etc.

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The main changes of particular relevance to the UK are:

Processing methods

Sugar prohibition

Labelling

Other measures, including a definition of 'flavour' 19977 WATER Drinking Water - Directive on Protection of Health Regarding Radioactive Substances Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption was published in the Official Journal of the EU, L296/12, 07/11/2013.

This Directive lays down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption. It lays down parametric values and frequencies and methods for monitoring radioactive substances. The Directive does not apply to natural mineral waters and waters which are medicinal products, and Member States may exempt certain other water, meeting specific criteria, from its scope. 19978

Prepared and released by Campden BRI’s Food Legislation Team

Campden BRI 2013

Tel: 01386 842210 Fax: 01386 842100

legislation@campdenbri.co.uk

This is a data collection and communication service only. It is not intended to be a complete legal service covering the entire aspects of legislation. Campden BRI can help in identifying relevant documents on food law, but interpretation is a commercial decision.

Only European Community legislation printed in the paper edition of the Official Journal of the European Union is deemed authentic'

Items from Eurlex - http://eur-lex.europa.eu, © European Communities, 1998-2013 Contains public sector information licensed under the Open Government Licence v2.0