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Food safety legislation in the European community
COMMENT Food Safety Legislation in the European Community
to provisions need to: l l
Mike Jacob comments on subsidiarity food safety law
and l l
Speaking at the recent Third World Congress On Foodborne Infections and Intoxications in Berlin (sponsored by the Robert Von Ostertag Institute FAO and WHO) Alex Mossel from the Commission of the European Community touched on the topical subject of ‘subsidiarity’ in the context of food safety. He mentioned that the Commission which had in the past tackled food hygiene problems by issuing special rules and regulations for the most obvious critical areas, such as meat, poultry and fish, had been under considerable pressure from governments, consumers and the European Parliament to make a framework Directive applicable to all foodstuffs not covered by specific legislation and to recognize the role of subsidiarity.
The EC Commission’s proposed Food Hygiene Directive requires all food businesses which carry out production, processing, manufacturing, packaging, storing, transportation, distribution, handling and sale of foodstuffs to comply with certain rules of hygiene. Regard must be taken of critical points in process control, hygiene of premises, structure of buildings, soundness of equipment, safety of water supply, efficacy of waste treatment and effective training of food handlers in food hygiene. Requirements in the Directive will have to be general as they will apply both to small food shops as well as to sophisticated industrial food producers. In the Commission’s view this is not satisfactory and they therefore propose that these legislative rules will be supplemented by codes of good hygienic practice for each particular sector of the food industry.
Nature of codes of practice These codes will be based on the recommended international code of practice of the Codex Alimentarius Commission of FAO/WHO. In Elex Mossels’ view the rules of Mr. M. Jacob, previously Chief Environmental Health Officer at the Dcpartmcnt of Health. is now a consultant in food safety and food law based at 23 Nightingale Road. Rickm;tnsworth. Hcrts WD3 2DE. UK
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subsidiarity will be satisfied because these codes will not be part of legislation but will be voluntary in nature. The codes will not be subject to enforcement by food inspectors but any proprietor or manager of a food business will find it difficult to defend himself in court should an infringement of the legal provisions be established when the code in question has not been adhered to. In applying subsidiarity rules to the EC’s food law harmonization programme it is unlikely that the approach will be extended much to either the vertical commodity Directives or the horizontal framework Directives which will control the safety and movement of foodstuffs within the single market from the 1 January 1993.
Effect of the Single European Act The adoption of the Single European Act in 1985 committed the EC to the abolition of border controls within the Community and caused a revision approach to the general legislation by drawing distinctions between matters which by their nature must continue to be the subject of legislation and those whose characteristics are such that they do not need to be regulated. The Commission proposed in November 1985 that future legislation on foodstuffs should be limited
justified
by
the
protect public health provide consumers with information and protection in matters other than health ensure fair trading ensure the necessary controls.
Where Directives and Regulations have been introduced for the purpose of ensuring food safety, subsidiarity rules are difficult to apply because they would not be consistent with the rationale of producing foods within all the member states to common hygienic standards. Allowing each member state to have a wide measure of discretion as to how it ensured the production of safe food which was then widely distributed throughout the EC, would not be realistic in the context of the single market.
Need for inspection infrastructure Although the inspection of food at border points will be dispensed on with, there are obligations governments of member states to ensure the effective inspection of food at production points. Ensuring that some controls are applied and to ensure effective communications within the EC and its Commission requires a food inspection control infrastructure which can be shown to work. Council Directive 89/337/EEC on the Official Control of Foodstuffs sets out the criteria for inspection of all community food establishments unless more detailed rules apply in specific sectors. There are obligations arising from the Directive for member states to report to the EC Commission on the levels of inspection activity in the various sectors of food businesses. There is provision also for a Commission inspectorate. A recent additional Commission proposal for a Council Directive related to the official control of foodstuffs (COM (91) 526) as well as dealing with the training of food inspectors and the introduction of a system of quality standards for food laboratories sets out more details
0956-7135/92/040178-02
0
1992 Butterworth-Heinemann Ltd
Commem
on a projected role of this inspectorate. This would be to: help co-ordinate the uniform application of EC legislative requirements in each of the member states various resolving assist in problems arising in individual member states from the free movement of food in the single market promote the use of the Commission’s ‘rapid alert’ system on food hazards.
Mutual aid system Other proposals set out rules for an administrative mutual aid system between member states; suggest the circulation of annual reports on implementing the co-ordinated programme of food controls within the Community, and recommend that the Commission report annually to the European Parliament and to the Council on each member state’s food control programme.
Food Control - Vol3 No 4 7992
These proposals are welcome because they suggest that the Commission is moving away from its earlier rigid stance on the nature of legislative controls to a flexible system. This will be based on the exchange of information and by the member states, aided by the Commission, helping each other to achieve the objectives of the food harmonization programme and create a ‘level playing field’ by co-operation rather than by formal legal procedures. Codes of practice can be used to refine necessary food safety controls. Quality and safety standards are applied by the industry, and increasing emphasis on industry self-regulation using techniques such as HACCP will be more beneficial than heavy policing. Who are experts?
the
Although EC ter emphasis governments exercise food
food
production
legislation puts greaon the obligations of of member states to safety controls than
has traditionally been applied in UK legislation, it must be realised that government food inspectors, in the case of the UK veterinarians and environmental health officers are not necessarily expert when inspecting and understanding the intricacies of various food production techniques. It is for manufacturers of foods to know the nature of their products, whereas inspectors should be aware of the food safety risks. It is good news that the Commission is now appearing to recognize this fact and in addition to allow subsidiarity rules so that national choice and use of codes of practice related to food safety can apply.
REFERENCE Mossel, A. Concepts of the EC in the field of food legislation and wrveillance. Proc. .jlYl World C‘orrg’. l?~otlholw~ Ir1frcriot1.s trrltl 1,1/o.\-ic.crtiorrs, 16-19 June 1992. Her/in. Vol. I I. pp. X4X-850. Institute of Veterinary Medicine - Robert von Ostcrtag Imtitute (FAOIWHO Collahorkiting Centre for Research and Training in Food Hygiene and Zoonoses). Berlin
179
to provisions need to: l l
Mike Jacob comments on subsidiarity food safety law
and l l
Speaking at the recent Third World Congress On Foodborne Infections and Intoxications in Berlin (sponsored by the Robert Von Ostertag Institute FAO and WHO) Alex Mossel from the Commission of the European Community touched on the topical subject of ‘subsidiarity’ in the context of food safety. He mentioned that the Commission which had in the past tackled food hygiene problems by issuing special rules and regulations for the most obvious critical areas, such as meat, poultry and fish, had been under considerable pressure from governments, consumers and the European Parliament to make a framework Directive applicable to all foodstuffs not covered by specific legislation and to recognize the role of subsidiarity.
The EC Commission’s proposed Food Hygiene Directive requires all food businesses which carry out production, processing, manufacturing, packaging, storing, transportation, distribution, handling and sale of foodstuffs to comply with certain rules of hygiene. Regard must be taken of critical points in process control, hygiene of premises, structure of buildings, soundness of equipment, safety of water supply, efficacy of waste treatment and effective training of food handlers in food hygiene. Requirements in the Directive will have to be general as they will apply both to small food shops as well as to sophisticated industrial food producers. In the Commission’s view this is not satisfactory and they therefore propose that these legislative rules will be supplemented by codes of good hygienic practice for each particular sector of the food industry.
Nature of codes of practice These codes will be based on the recommended international code of practice of the Codex Alimentarius Commission of FAO/WHO. In Elex Mossels’ view the rules of Mr. M. Jacob, previously Chief Environmental Health Officer at the Dcpartmcnt of Health. is now a consultant in food safety and food law based at 23 Nightingale Road. Rickm;tnsworth. Hcrts WD3 2DE. UK
178
Food Control - Vol3 No 4 1992
subsidiarity will be satisfied because these codes will not be part of legislation but will be voluntary in nature. The codes will not be subject to enforcement by food inspectors but any proprietor or manager of a food business will find it difficult to defend himself in court should an infringement of the legal provisions be established when the code in question has not been adhered to. In applying subsidiarity rules to the EC’s food law harmonization programme it is unlikely that the approach will be extended much to either the vertical commodity Directives or the horizontal framework Directives which will control the safety and movement of foodstuffs within the single market from the 1 January 1993.
Effect of the Single European Act The adoption of the Single European Act in 1985 committed the EC to the abolition of border controls within the Community and caused a revision approach to the general legislation by drawing distinctions between matters which by their nature must continue to be the subject of legislation and those whose characteristics are such that they do not need to be regulated. The Commission proposed in November 1985 that future legislation on foodstuffs should be limited
justified
by
the
protect public health provide consumers with information and protection in matters other than health ensure fair trading ensure the necessary controls.
Where Directives and Regulations have been introduced for the purpose of ensuring food safety, subsidiarity rules are difficult to apply because they would not be consistent with the rationale of producing foods within all the member states to common hygienic standards. Allowing each member state to have a wide measure of discretion as to how it ensured the production of safe food which was then widely distributed throughout the EC, would not be realistic in the context of the single market.
Need for inspection infrastructure Although the inspection of food at border points will be dispensed on with, there are obligations governments of member states to ensure the effective inspection of food at production points. Ensuring that some controls are applied and to ensure effective communications within the EC and its Commission requires a food inspection control infrastructure which can be shown to work. Council Directive 89/337/EEC on the Official Control of Foodstuffs sets out the criteria for inspection of all community food establishments unless more detailed rules apply in specific sectors. There are obligations arising from the Directive for member states to report to the EC Commission on the levels of inspection activity in the various sectors of food businesses. There is provision also for a Commission inspectorate. A recent additional Commission proposal for a Council Directive related to the official control of foodstuffs (COM (91) 526) as well as dealing with the training of food inspectors and the introduction of a system of quality standards for food laboratories sets out more details
0956-7135/92/040178-02
0
1992 Butterworth-Heinemann Ltd
Commem
on a projected role of this inspectorate. This would be to: help co-ordinate the uniform application of EC legislative requirements in each of the member states various resolving assist in problems arising in individual member states from the free movement of food in the single market promote the use of the Commission’s ‘rapid alert’ system on food hazards.
Mutual aid system Other proposals set out rules for an administrative mutual aid system between member states; suggest the circulation of annual reports on implementing the co-ordinated programme of food controls within the Community, and recommend that the Commission report annually to the European Parliament and to the Council on each member state’s food control programme.
Food Control - Vol3 No 4 7992
These proposals are welcome because they suggest that the Commission is moving away from its earlier rigid stance on the nature of legislative controls to a flexible system. This will be based on the exchange of information and by the member states, aided by the Commission, helping each other to achieve the objectives of the food harmonization programme and create a ‘level playing field’ by co-operation rather than by formal legal procedures. Codes of practice can be used to refine necessary food safety controls. Quality and safety standards are applied by the industry, and increasing emphasis on industry self-regulation using techniques such as HACCP will be more beneficial than heavy policing. Who are experts?
the
Although EC ter emphasis governments exercise food
food
production
legislation puts greaon the obligations of of member states to safety controls than
has traditionally been applied in UK legislation, it must be realised that government food inspectors, in the case of the UK veterinarians and environmental health officers are not necessarily expert when inspecting and understanding the intricacies of various food production techniques. It is for manufacturers of foods to know the nature of their products, whereas inspectors should be aware of the food safety risks. It is good news that the Commission is now appearing to recognize this fact and in addition to allow subsidiarity rules so that national choice and use of codes of practice related to food safety can apply.
REFERENCE Mossel, A. Concepts of the EC in the field of food legislation and wrveillance. Proc. .jlYl World C‘orrg’. l?~otlholw~ Ir1frcriot1.s trrltl 1,1/o.\-ic.crtiorrs, 16-19 June 1992. Her/in. Vol. I I. pp. X4X-850. Institute of Veterinary Medicine - Robert von Ostcrtag Imtitute (FAOIWHO Collahorkiting Centre for Research and Training in Food Hygiene and Zoonoses). Berlin
179