Asian Food Regulation Information Service

International Exporter Edition

Vol 1 / Issue 16 08 August 2016

© Asian Food Regulation Information Service 2016

www.asianfoodreg.com page 1

Vol 1 / Issue 15 25 July 2016

In this IssueFrom the Editor .............................. 1Regulatory Updates

Australia / New Zealand ............ 2Canada ......................................... 6European Union & UK .............. 12United States of America ........... 17

Food Funnies .................................. 19

From the Editor...

So 8 years of hard work no longer exists. Gone in just a few moments. To be honest with you, the AFRIS website wasn’t

any kind of dream of mine. It was a lot of hard work.

AFRIS was an ideal. It was a statement and an expression of my very own personal values. It was a gift to the food industry, an industry I have spent many enjoyable years in. Either as a food trader, seller, a cook or just simply having a love of food.

Before starting AFRIS I had lived in Asia already for many years,

but working in food law opened up a whole new way of looking and understanding the world. It was a fascinating view and how I loved every minute, at least in the early days.

One of my most enjoyable memories of AFRIS, before all the ‘troubles’ began, was when I was still building it. Ideas are always the same. Ideas sound really good in your head and then somewhere along the execution point, you ask yourself “Why am I doing this? Who’s idea was this”. Because all ideas are hard to bring to life. AFRIS was not my first.

And like always, I take a breather, re-evaluate the enormity of the project, laugh at myself and continue on. You see, that’s the exact point at which time you either bail out or commit. It’s the reality check and sometimes it comes early and sometimes it comes late.

Timing is not the issue here, it’s the Ground Zero of a plan or project that wakes you up at night and asks “Is this what you really want to be doing? Is this too big or too small? Is this what you thought your idea would look like whilst it was still in your head?”

Never once did I doubt myself. The variety and sheer number of documents overwhelmed me a couple of times, but you see I just got carried away by my values. How I, naively it seems, believed that the food industry needed AFRIS. Perhaps my real mistake was that I didn’t ask enough people.

Never once during these last seven years of extreme difficulty did I consider AFRIS as a bad idea. Yes I closed AFRIS down four times, and was very vocal why. But I always came back, not to AFRIS the crappy embarrassing website, not because I was interested in ‘giving back’ or was afraid of failing.

I kept AFRIS going because I just believed in it. I just believed the world would be a little better off if the 2nd largest commodity in the world was made easier - for everyone, all companies big and small. In the end, AFRIS left me.

The newsletters are still being sent out, but there is no context. No reference point for amendments or legislative history. Finally, I wanted AFRIS to be different, full of colour, life and art from the Asian region, that food regulations need not be boring, dry and stale.

Sincerely, Adrienna Zsakayadrienna@asianfoodreg.com

© Asian Food Regulation Information Service 2016

Australia New Zealand

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Notification Circular (20 - 16)Published 25 July 2016: (Reproduced with permission from FSANZ). The Circular summaries work currently being undertaken or finalised by FSANZ including:

P1042 - Low THC Hemp Seeds as Food

The purpose of this Proposal is to permit the addition to food of products from the seeds of low tetrahydrocannabinol varieties of Cannabis sativa.

Call for submissions - 28 July 2016, include:

• Supporting Document 1 - Updated estimates of dietary exposure to THC and CBD

• Supporting Document 2 - Cannabidiol Hazard Profile

• Administrative Assessment Report - 18 May 2016

can be downloaded in English

A1134 - Phytosterols in Portion-controlled Breakfast Cereals

The purpose of the Application is to amend current novel food permissions for phytosterols added to breakfast cereals to allow increased concentrations for portion controlled breakfast cereals, in either individually wrapped portions or portions that can be easily divided.

List of Documents - 28 July 2016, include:

• Administrative Assessment Report

• Executive Summary

can be downloaded in English

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Australian Competition and Consumer Commission (ACCC) News

1. Agreement to Restrict Advertising of Infant Formula - 15 July 2016

The Australian Competition and Consumer Commission has re-authorised an agreement between manufacturers and importers of infant formula that prohibits them from advertising and promoting formula for babies under 12 months of age directly to the public.

This five-year agreement is designed to promote breast feeding in Australia, which has significant public health benefits.

To read the full article, click here

2. Unilever and Smith’s Pay Penalties for Misleading Healthy Food Representations - 11 July 2016

Unilever Australia Limited (Unilever) and The Smith’s Snackfood Company Pty Ltd (Smith’s) have each paid a penalty of $10,800 following the issue of infringement notices by the Australian Competition and Consumer Commission for misleading healthy food representations.

The ACCC had reasonable grounds to

believe both companies made false or misleading representation on the packaging of popular products they supply that the products had been approved or were suitable as healthy options for school canteens.

Unilver’s Paddle Pop Rainbow (10 pack) packaging included a logo on the front, back and one side of the packaging with the words “School Canteen Approved” and a tick symbol (see Image 1 below).

Smith’s Sakata Paws Pizza Supreme Rice Snacks included a logo with the words “Meets School Canteen Guidelines” and an image of a sandwich and apple (see Image 2 below).

To read the full article, click here

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3. ACCC Takes Action Against Heinz Over Nutritional Claims on Food for 1-3 year Olds

The ACCC alleges that Heinz made false and misleading representations, and engaged in conduct liable to mislead the public, in relation to the nature, characteristics and suitability of these products, in contravention of the Australian Consumer Law.

The Shredz products’ packaging features prominent images of fresh fruit and vegetables and statements such as ‘99% fruit and veg’ and ‘Our range of snacks and meals encourages your toddler to independently discover the delicious taste of nutritious food’.

“The ACCC has brought these proceedings because it alleges that Heinz is marketing these products as healthy options for young children when they are not. These products contain over 60 per cent sugar, which is significantly higher than that of natural fruit and vegetables - for example, an apple contains approximately 10 per cent sugar,” ACCC Chairman Rod Sims said.

The ACCC’s action follows a complaint by the Obesity Policy Coalition about food products for toddlers that make fruit and vegetable claims but are predominantly made from fruit juice concentrate and pastes, which have a very high sugar content.

To read the full article, click here

4. Australia’s Overseas Fresh Food Inspection Regime to be Phased Out

The Australian Department of Agriculture and Water Resources has announced it is phasing out its own inspectors examining fresh food imports pre-shipment to Australia.

“At the same time, the department will offer alternative on-shore inspection arrangements for horticultural produce. This will be available to all horticulture importers and attract usual service charges, but will provide an incentive to keep imported consignments free from biosecurity risks, by rewarding those with strong compliance with a reduced inspection frequency for compliant import pathways,” the spokesperson said.

(Source: Australian Food News, 27 July 2016.)

5. Health Star Rating Guidance Documents Updated

Updates were made on 25 July 2016 to Health Star Rating guidance documents, to reflect the introduction of the new Australia New Zealand Food Standards Code on 1 March 2016.

Amendments were made to the following documents:

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Health Star Rating system Style Guide – changes to multipacks and information panels on products

Guide for Industry to the Health Star Rating Calculator – changes to the definition of a Category 1D product to reflect the updated

Schedule 4, as well as to certain products where it is uncertain whether they would be classed as a fruit, vegetable, nut or legume in relation to HSR V points

Reference: Food Legal website - reprinted with permission.

© Asian Food Regulation Information Service 2016

Canada

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The Latest on Maximum Residue Limits Link to the Health Canada Maximum Residue Limits for Pesticides Database

Proposed Maximum Residue Limit: Fosetyl-aluminum

WTO Notification G/SPS/N/CAN/1044 - 01 August 2016. For more information, in English / in French

MRL (ppm) Raw Agricultural / Processed Commodity

60 Arugula, Abyssinian cabbages, garden cress, hanover salad, maca, radish leaves, seakale cabbages, Shepherd’s purse, turnip greens, upland cress, watercress, and wild rocket

Proposed Maximum Residue Limit: Hexythiazox

WTO Notification G/SPS/N/CAN/1045 - 01 August 2016. For more information, in English / in French

MRL (ppm) Raw Agricultural / Processed Commodity

24 Citrus oil

9.0 Hops (dried)

6.0 Low growing berries (CSG 13-07G)

3.0 Sorghum

2.0 Dates; dried prune plums;peppermint tops; spearmint tops

1.5 Caneberries (CSG 13-07A)

1.0 Small fruits vine climbing, except

fuzzy kiwifruit (CSG 13-07F); stone fruits (CG 12)

0.9 Citrus peel

0.5 Citrus fruits (CG 10); tomatoes

0.4 Pome fruits (CG 11-09); dry adzuki beans; dry beans; dry blackeyed peas; dry broad beans; dry chickpeas; dry cowpea seeds, dry guar seeds; dry kidney beans; dry lablab beans; dry lima beans; dry moth beans; dry mung beans; dry navy beans; dry pink beans; dry pinto beans; dry rice beans; dry southern peas; dry tepary beans; dry urd beans; grain lupin

0.09 Succulent shelled blackeyed peas; succulent shelled broad beans; succulent shelled cowpeas; succulent shelled lima beans; succulent shelled southern peas

0.06 Corn oil (refined)

0.04 Sweet corn kernels plus cob with husks removed

0.03 Field corn flour

0.02 Field corn; potatoes; tree nuts (CG 14; including pistachios)

Final date for comments: 09 October 2016

Proposed date of adoption: Normally within four to five months from the posting of the Proposed MRL document on the Health Canada website.

Proposed date of entry into force: On the date the measure is adopted.

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Established Maximum Residue Limit: Boscalid

WTO Notification G/SPS/N/CAN/1013/Add.1 - 25 July 2016.

The proposed maximum residue limit (PMRL) document for boscalid notified in G/SPS/N/CAN/1013 (dated 22 April 2016) was adopted 18 July 2016.

MRL (ppm) Raw Agricultural / Processed Commodity

6.0 Belgian endives

Established Maximum Residue Limit: Pyraclostrobin

WTO Notification G/SPS/N/CAN/1014/Add.1 - 25 July 2016.

The proposed maximum residue limit (PMRL) document for pyraclostrobin notified in G/SPS/N/CAN/1014 (dated 22 April 2016) was adopted 18 July 2016.

MRL (ppm) Raw Agricultural / Processed Commodity

6.0 Belgian endives

Established Maximum Residue Limit: Carfentrazone-ethyl

WTO Notification G/SPS/N/CAN/1014/Add.1 - 25 July 2016.

The proposed maximum residue limit (PMRL) document for carfentrazone-ethyl notified in G/SPS/N/CAN/1015 (dated 22 April 2016) was adopted 18 July 2016.

MRL (ppm) Raw Agricultural / Processed Commodity

0.10 Hops (dried)

Established Maximum Residue Limit:

Difenoconazole

WTO Notification G/SPS/N/CAN/1016/Add.1 - 25 July 2016.

The proposed maximum residue limit (PMRL) document for difenoconazole notified in G/SPS/N/CAN/1016 (dated 22 April 2016) was adopted 18 July 2016.

MRL (ppm) Raw Agricultural / Processed Commodity

4.0 CSG 13-07B (Bushberries) except gooseberries

Established Maximum Residue Limit: Pyroxasulfone

WTO Notification G/SPS/N/CAN/1017/Add.1 - 01 August 2016

The proposed maximum residue limit (PMRL) document for pyroxasulfone notified in

G/SPS/N/CAN/1017 (dated 27 April 2016) was adopted 25 July 2016.

MRL (ppm) Raw Agricultural / Processed Commodity

0.03 Wheat

Established Maximum Residue Limit: Fluazifop-butyl

WTO Notification G/SPS/N/CAN/1018/Add.1 - 01 August 2016

The proposed maximum residue limit (PMRL) document for fluazifop-butyl notified in

G/SPS/N/CAN/1018 (dated 27 April 2016) was adopted 25 July 2016.

MRL (ppm) Raw Agricultural / Processed Commodity

1.5 Sweet potato roots1

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0.15 Citrus oil

0.03 Citrus fruits (Crop Group 10)1 The MRL is proposed to replace the currently established 0.5 ppm MRL on sweet potato roots.

Established Maximum Residue Limit: Sedaxane

WTO Notification G/SPS/N/CAN/1019/Add.1 - 01 August 2016.

The proposed maximum residue limit (PMRL) document for sedaxane notified in G/SPS/N/CAN/1019 (dated 27 April 2016) was adopted 25 July 2016.

MRL (ppm) Raw Agricultural / Processed Commodity

0.01 Sugar Beet Roots

Established Maximum Residue Limit: Cyantraniliprole

WTO Notification G/SPS/N/CAN/1020/Add.1 - 01 August 2016.

The proposed maximum residue limit (PMRL) document for cyantraniliprole notified in G/SPS/N/

CAN/1020 (dated 27 April 2016) was adopted 25 July 2016.

MRL (ppm) Raw Agricultural / Processed Commodity

0.7 Cucurbit vegetables (Crop Group 9)1

1 The MRL is proposed to replace the currently established 0.4 ppm MRL for Crop Group 9.

Established Maximum Residue Limit: Isopyrazam

WTO Notification G/SPS/N/CAN/1021/Add.1 - 01 August 2016.

The proposed maximum residue limit (PMRL) document for isopyrazam notified in G/SPS/N/CAN/1021 (dated 28 April 2016) was adopted 25 July 2016.

MRL (ppm) Raw Agricultural / Processed Commodity

2.0 Dried apples

0.7 Apples

0.01 Peanuts

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It’s no secret that over the years many “food” manufacturers have taken advantage of the NHP (Natural Health Products) pathway to bring products to market. Since their introduction in the late 1990s, the Natural Health Products Regulations have provided a way for industry to sell product containing vitamins, minerals, amino acids and other “natural” substances while making claims that were not permitted by the Food and Drug Regulations. Examples of food products that are marketed as NHPs include energy drinks, waters and juices with added vitamins and minerals, and yogurts and bars with specific health claims.

More recently, Health Canada has been transitioning food products marketed as NHPs to the food regulatory framework. As explained by Health Canada: “the end goal of this transition process is to ensure that products that look like foods and are consumed as foods are regulated as foods. In doing so, Canadians will be able to make more informed choices due to consistent nutrition information and labelling requirements”.

The most recent step in the transition described above is the recent release of Health Canada’s “Category Specific Guidance for Temporary Marketing Authorization: Supplemented Food” Guidance (the “Guidance”).

The transition of products from the NHP to food regulatory regime has been facilitated by the use of Temporary Marketing Authorization Letters (“TMALs”). TMALs are issued for individual products that fit within defined subsets of foods that are safe to consume but also non-compliant with the Food and Drug Regulations. In brief, the TMAL allows the non-compliant food to be sold temporarily while information is gathered to amend (modernize) the regulatory framework.

As set out in the Guidance, Health Canada’s long-term plan is to facilitate market access for supplemented foods under this same regulatory system. The Guidance provides a definition of a “supplemented food”, outlines the objectives of the temporary market authorization process, the scope of the types

NHP’s to Food Regulatory Framework

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of foods for which a TMAL may or may not be issued, the regulatory requirements for food additives, flavours and novel food ingredients in the context of supplemented foods, eligibility criteria for TMAL submissions, including maximum levels of vitamins and minerals, and guidance on labelling, advertising and health claims associated with supplemented foods.

Defining “Supplemented Food”

Section 2 of the Food and Drugs Act defines “food” as “any article manufactured, sold or represented for use as a food or drink for human beings, chewing gum, and any ingredient that may be mixed with food for any purpose whatever”. The Guidance broadly defines supplemented food as a subset of foods as defined in the Act:

A supplemented food is broadly defined as a pre-packaged product that is manufactured, sold or represented as a food, which contains added vitamins, minerals, amino acids, herbal or bioactive ingredients. These ingredients may perform a physiological role beyond the provision of nutritive requirements.

The Guidance contains additional details about the meaning of certain elements of the defintiion of “supplemented food”.

The Scope of the Guidance

Keep in mind that the purpose a TMAL is to generate information to support a possible regulatory amendment. Health Canada has determined that a subset of supplemented foods, as set out in the Guidance, will provide a sufficient pool of products from which to gather data to inform future regulatory amendments.

In general, in order for a supplemented food to fall within the scope of the Guidance (and be eligible for a TMAL), it:

• Will be safe for use under the conditions of the TMA;

• Is pre-packaged;

• Contains a non-compliant vitamin, mineral or amino acid (more on this below) and/or an unapproved novel food listed in Appendix 2 to the Guidance (more on this below);

• Does not contain non-compliant food additives or unapproved novel ingredients other than as noted above;

• Does not contain alcohol;

• Is not represented as water; and

• Is not targeted to children less than four years old or pregnant or breastfeeding women.

Regarding non-compliant vitamins, minerals and amino acids: the Guidance specifies certain maximum levels which, if exceeded, take a supplemented food outside the scope of the Guidance. Additionally, the Guidance provides that certain vitamins and minerals cannot be added to a supplemented food at any level, including: folic acid, iodine, iron, nicotinic acid, and vitamin K. Finally, the Guidance sets out maximum levels for a number of vitamins and minerals.

Regarding novel food ingredients: as set out above, certain unapproved novel foods fall within the scope of the Guidance, as set out in Appendix 2 of the Guidance. The list includes: green tea extract, maca root extract and pomegranate rind extract. Any novel food not falling within the scope of the Guidance remains subject to the requirements of Division 28 of the FD Regulations (i.e. pre-

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market notification). The Guidance is clear that just because a novel food ingredient appears on the list at Appendix 2, does not mean it is authorized for use in a supplemented food.

If you need additional information about whether one of your products might fall within the scope of the Guidance, check out its Appendix 6 which provides a helpful TMA-eligibility flowchart.

Additional Considerations

Supplemented foods are subject to all of the regulatory requirements that apply to other foods. For example, the labelling and advertising of supplemented foods cannot be false, misleading or deceptive, and must meet the requirements of the relevant legislation and regulations. The Guidance comments on certain issues commonly identified by Health Canada in its review of label claims in TMA submissions.

Next Steps

As set out in the Guidance, TMALs previously issued to supplemented foods will expire on August 31, 2016. However, in order to give TMAL holders sufficient time to label and formulate their products in accordance with the Guidance, these TMALs will be extended until February 22, 2017. At that time, supplemented foods must comply with the requirements outlined in the Guidance to receive a further extension.

(Source: Canadian Food Insights website, published 20 June 2016.)

© Asian Food Regulation Information Service 2016

European Union & UK

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Commission Regulation (EU) 2016/1244 of 28 July 2016 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards certain flavouring substances from a group related with an alpha beta unsaturation structure

WTO Notification G/SPS/N/EU/169 - 05 August 2016. For more information, in English / in French / in Spanish

This amendment concerns the modification of the conditions of use of the following five substances belonging to the chemical subgroup 2.2 of FGE.19 (FGE.208): p-mentha-1,8-dien-7-ol (FL no. 02.060), myrtenol (FL no. 02.091), myrtenal (FL no. 05.106), p-mentha-1,8-dien-7-yl acetate (FL no. 09.278), and myrtenyl acetate (FL no. 09.302).

The European Food Safety Authority (EFSA) had requested additional scientific data for completion of the evaluation as flavouring substances of the group of substances FGE.208 composed of ten substances which includes these substances. EFSA evaluated the data on this group of substances in its opinion of 24 June 2015 and concluded that the representative substance of the group p-mentha-1,8-dien-7-al (FL-no 05.117) is genotoxic in vivo and therefore its use as a flavouring substance raises a

safety concern.

This substance was withdrawn from the Union list with Commission Regulation (EU) 2015/1760 in an urgent procedure. This measure had been notified earlier in G/SPS/N/EU/149.

Final date for comments: 04 October 2016. Comments received will be taken into account during the next revision of the Commission Regulation.

Proposed date of adoption / publication: 28 ~ 29 July 2016.

Proposed date of entry into force: 18 August 2016

List of Animals and Products to be Subject to Controls at Border Inspection Posts

WTO Notification G/SPS/N/EU/155/Add.1 - 27 July 2016. For more information, in English / in French / in Spanish

The proposal notified in G/SPS/N/EU/155 (29 January 2016) is now adopted as Commission Implementing Decision (EU) 2016/1196 of 20 July 2016 amending the Annexes to Decision 2007/275/EC concerning the lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC

This Decision applies from 1 January 2017.

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Food Standards Agency Pledges Review of Date Marking Guidance

Date: 29 July 2016: On Wednesday 6 July, the Food Standards Agency partnered with Neighbourly to host a cross industry round table event entitled ‘Addressing the challenges in food waste redistribution’ which was attended by over 50 industry leaders. The purpose of the event was to understand how and where the FSA can initiate action, in particular in relation to date marking.

The event focused on redistribution by retailers to charities and community organisations preparing food for service users and marked the beginning of the FSA’s review of date marking guidance in partnership with Defra and WRAP. The key theme was to explore whether any improvements in food safety labelling and guidance, or better education around it, might increase the volume of surplus fresh food donated and used by the voluntary sector.

The event highlighted a number of key issues, and now, as part of the review process, the FSA, WRAP and Defra will consider extending the guidance to include how food can be redistributed safely.

This will cover the circumstances under which food business operators can freeze food prior to donating it to a charity partner, which was raised as a way of reducing some of the logistical barriers of redistributing products with a short shelf life.

A recurring theme throughout the event was the impact, application and understanding of date labelling, in particular the challenges around ‘best before end’ dates. The need for a section of the guidance to address date marking for food for redistribution rather than sale was also identified.

Steve Wearne, Director of Policy, Food Standards Agency: ‘These discussions have been extremely useful in bringing to light the key barriers to food redistribution for all those involved. It has clearly highlighted the areas where the FSA can focus its efforts to ensure that as much surplus food as possible is safely redistributed. That’s why we have begun the process, working with Defra and WRAP, of reviewing the date marking guidance which we aim to publish by July 2017.

Steve Haines, Head of Community Engagement, Neighbourly, comments: ‘One of the overriding themes emerging from the day was that tackling food waste will require greater collaboration and collective action. Holding this event with the FSA helped strengthen relationships between retailers and manufacturers, charities and community projects, government departments and trade bodies. Working together will drive this good work forward by allowing us to address common challenges, share learnings and spread best practice.’

Andrew Parry, Special Advisor Food & Drink, WRAP comments: ‘We found that over a million tonnes of avoidable food waste are produced in the manufacture and sale of food in the UK, worth £1.9bn, and that food redistribution could be increased by at least four-fold. When food surpluses

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cannot be avoided, redistribution to feed people is imperative and reviewing date marking and related guidance is an important element of ensuring this happens. This is part of a wider strategy to prevent waste, and maximise the use of any surpluses as part of the Courtauld Commitment 2025.’

For more information on how the Food Standards Agency is helping to tackle food waste, and to download the presentations from the event please visit our food waste page below.

Food waste

In the UK, we throw away 7 million tonnes of food and drink from our homes every year. Small changes will make a big difference, and everyone can play their part.

For more information, please visit the UK Food Standards Agency website

Expert Report Shows Major Improvements in the Safety of UK Eggs

Date: 25 July 2016: A report published today by the Advisory Committee on the Microbiological Safety of Food (ACMSF) into egg safety has shown a major

reduction in the risk from salmonella in UK eggs.

Responding to the report the Food Standards Agency (FSA) has today launched an eight week consultation reviewing the advice given to consumers on eating lightly cooked or raw eggs.

The FSA sought the advice of the ACMSF as to whether the risk to consumers, including vulnerable groups such as, pregnant women, the young, and the elderly, from eating lightly cooked or raw shell eggs has changed since 2001, when the Committee last reviewed the subject of salmonella in eggs.

Professor John Coia, Chair of the ACMSF Expert Ad Hoc group on eggs said, ‘The committee has found that there has been a major reduction in the risk from Salmonella in UK hens’ eggs since 2001. This is especially the case for eggs produced under the Lion Code, or equivalent schemes. It also recommended that these eggs could be served raw or lightly cooked to both those in good health and those in more vulnerable groups.’

At present, the FSA’s advice to consumers is that eating raw eggs, eggs with runny yolks or any food that is uncooked or only lightly cooked and contains raw eggs, may cause food poisoning and warns vulnerable groups against eating them.

The consultation is inviting views on the recommended changes to the FSA’s advice from a range of stakeholders, including food and hospitality industries, consumer and enforcement bodies, and health care practitioners.

Comments on the proposed change to consumer advice should be submitted to the FSA by Friday 16 September 2016, when the consultation closes.

For more information, please visit the UK Food Standards Agency website

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Last week the European Food Safety Authority (EFSA) published its annual report on emerging risks. The top 10 risks were defined as follows:

1. Outbreak related to the consumption of raw beetroot in France;

2. Growth of Vibrio spp in Northern waters and TTX detection in European bivalve shellfish in UK;

3. Putative new influenza virus that has been identified in livestock species (cattle and swine) in Belgium

4. Risks from the consumption of bitter apricot kernels from Greece;

5. Increase of deoxynivalenol and zearalenone levels from Italy in 2014;

6. Dermatitis due to raw or undercooked Shiitake consumption from France;

7. Increased incidence of Salmonella Infantis in broiler meat from Croatia;

8. Zoonotic spread of CPE/CPA from Finland;

9. Artificial plastic rice from UK;

10. Yersinia pseudotuberculosis outbreak in raw milk from Finland;

11. Hay as food or food additive from Austria;

12. Oxalic acid in green smoothies from Germany;

13. Natural occurrence of bisphenol F (BPF) in mustard from Switzerland.

The report is of extreme interest and each investigation worth a look, but due to my insane passion for food frauds, I will report the specific findings about the “artificial plastic rice” from China.

Artificial plastic rice – Description of the issue

In 2011 reports began circulating in media across South East (SE) Asia that artificial (plastic) rice was being produced in China, which was subsequently being sold in towns such as Taiyuan in Shaanxi province.

The issue was raised in 2013 by European Parliament seeking clarification on whether the Commission was aware of the practice, and if so, what safeguards were in place to prohibit artificial rice from entering into the EU.

EFSA Report on Emerging Risk - Plastic Rice Frauds Listed

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A briefing note was prepared by the UK for discussion by EREN, Emerging Risks Exchange Network.

The European Commission response of 20 September 2013 to the Parliamentary question states that rice products originating in China are subject to Commission Implementing Decision 2011/884/EU, recently amended to Commission Implementing Decision 2013/287/EU, which stipulates consignments of rice originating from China can be released for free circulation only if accompanied by analytical report demonstrating it is GM free and a health certificate issued by the Chinese competent authority (AQSIC) certifying the rice has been produced, sorted, handled, processed, packaged, and transported in line with good hygiene practice.

In October 2015 EFSA received a pressa article from an ECDC colleague from their Epidemic Intelligence monitoring. The information on ‘plastic rice’ was apparently found in several media that week.

This rice is likely to be commercialised throughout Asia according to some media. The rice is produced using a mix of potatoes, sweet potatoes and plastic. It is formed by mixing the potatoes and sweet potatoes into the shape of rice grains, at this point industrial synthetic resins are then added.

It would appear that appropriate tools are in place which reduces the risk of affected products entering the EU, nevertheless, the UK would like to encourage a discussion on the subject, firstly to highlight the practice, but also to consider whether a risk of entry into the EU still remains via third country involvement.

Key points from the discussion, the

conclusions and the recommendations

The INFOSAN Secretariat received several inquiries from INFOSAN members in Asia as concerns over fake rice were perpetuated in the media. The Secretariat reached out to INFOSAN members in China to inquire about this event and to verify or dispel the rumours. Unfortunately no further information was supplied.

One INFOSAN member from another Asian country reported a suspected case of illness following the consumption of the implicated rice, but this could not be confirmed upon further investigation and no fake rice was found.

This event highlights the added difficulties that arise during food safety events that result from fraud. In addition, gaps in the analytical methodologies to test for “fake rice” were also raised.

The US FDA and their food fraud network are aware of the issue and are monitoring the rice imported from China. Assumptions arose that this fake rice is exported mainly to the African continent.

EREN discussed the difficulty linked to this issue as no proper risk characterisation can be done unless the different risk characterisation questions such as, which different types of resins are used to produce the fake rice, are properly identified.

EREN concluded that this is considered as an emerging issue. EREN recommended EFSA to contact its different international collaborators from Asia and remain liaised with INFOSAN to be kept updated on this issue.

Source: By Cesare Varallo, Food Law Latest. Reprinted with permission

© Asian Food Regulation Information Service 2016

United States of America

Vol 1 / Issue 16 08 August 2016

Calorie Labeling of Articles of Food in Vending Machines; Extension of Compliance Date

WTO Notification G/TBT/N/USA/622/Add.2 - 03 August 2016. For more information, click here

The Food and Drug Administration (FDA or we) is extending the compliance date for certain requirements in the final rule requiring disclosure of calorie declarations for food sold from certain vending machines.

The final rule appeared in the Federal Register of 1 December 2014. We are taking this action in response to requests for an extension and for reconsideration of the rule’s requirements pertaining to the size of calorie disclosures on front-of-package labeling.

Effective date: This final rule is effective 1 December 2016.

Proposed Changes to the National Poultry Improvement Plan Program Standards

WTO Notification G/SPS/N/USA/2876 - 01 August 2016. For more information, click here

The Animal and Health Inspection Service (APHIS) is advising the public that proposed changes to the National Poultry Improvement Plan Program Standards are available for review and comment.

Final date for comments: 11 August 2016.

Proposed date of adoption / publication: Not applicable

Proposed date of entry into force: Not applicable

Agency Information Collection Activities: - Procedures for the Safe and Sanitary Processing and Importing of Fish and Fishery Products

WTO Notification G/SPS/N/USA/2875 - 29 July 2016. For more information, click here

The Food and Drug Administration is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice invites comments on the information collection provisions of our regulations requiring reporting and record keeping for processors and importers of fish and fishery products.

Final date for comments: 16 September 2016.

Proposed date of adoption / publication: Not applicable

Proposed date of entry into force: Not applicable

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© Asian Food Regulation Information Service 2016

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Vol 1 / Issue 16 08 August 2016

United States Regulations continued...

Final Rule: Food Additives Permitted for Direct Addition to Food for Human Consumption; Vitamin D2 and Vitamin D3

WTO Notification G/SPS/N/USA/2577/Add.1 - 25 July 2016. For more information, click here

The Food and Drug Administration is amending the food additive regulations to expand the safe uses of vitamin D2 as a nutrient supplement in edible plant-based beverages intended for use as milk alternatives and in edible plant-based yogurt alternatives and vitamin D3 as a nutrient supplement in milk at levels higher than those currently permitted. It is taking this action in response to a food additive petition filed by Dean Foods Company and WhiteWave Foods Company.

This rule is effective 18 July 2016.

Proposed Rule: Importation of Sheep, Goats, and Certain Other Ruminants

WTO Notification G/SPS/N/USA/2873 - 25 July 2016. For more information, click here

The Animal and Plant Health Inspection Service (APHIS) is proposing to amend the regulations that govern the importation of animals and animal products to revise the conditions for the importation of live sheep, goats, and certain other non-bovine ruminants, and products derived from sheep and goats, with regard to transmissible spongiform encephalopathies such as bovine spongiform encephalopathy (BSE) and scrapie.

We are proposing to remove BSE-related import

restrictions on sheep and goats and most of their products, and to add import restrictions related to transmissible spongiform encephalopathies for certain wild, zoological, or other nonbovine ruminant species. The conditions we are proposing for the importation of specified commodities are based on internationally accepted scientific literature and will in general align our regulations with guidelines set out in the World Organization for Animal Health’s Terrestrial Animal Health Code.

Final date for comments: 16 September 2016.

Proposed date of adoption / publication: Not applicable

Proposed date of entry into force: Not applicable

© Asian Food Regulation Information Service 2016

Food Funnies...

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Vol 1 / Issue 16 08 August 2016

© Asian Food Regulation Information Service 2016

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Vol 1 / Issue 16 08 August 2016