EU legislation: Food control

All food imported into the EU are subject to official controls. Although it is your EU buyer who has the responsibility to ensure that the food is compliant, it is important to familiarise yourself with the procedures. Failure to follow the right procedures could cause decrease and delay of orders, increase costs and result in actions by EU enforcement authorities.

Subject
Control of food products at all stages of import and marketing in the EU. Documentary checks Identity checks Physical checks

Product
All food products

Why
To ensure that food complies with the EU requirements regardingeffects on human health.

If you export food products to the EU, you have to take into account that your food products will be subjected to official controls. These controls are carried out to ensure that all foods marketed in the EU market are safe, i.e. in compliance with the requirements applicable to them. Food imported into the EU must comply with the import requirements applying to the type of food concerned. These can be requirements regarding: Health control (e.g. food law, hygiene, microbiological criteria, contaminants, pesticides and veterinary medicinal products); Plant health (phytosanitary) control (harmful organisms); Marketing standards (e.g. for fruit, vegetables and olive oil); Other requirements (e.g. food additives, vitamins and minerals, food contact materials, food irradiation, nutrition claims, novel foods, radioactivity, GMOs, packaging, labelling and organic products); Food-specific requirements (e.g. for coffee, fruit juices, quick frozen foods and wine). In the CBI database you can find documents providing information on the aforementioned requirements.

EU Legislation
Regulation (EC) 882/2004 lays down the control regime for food. Controls can be carried out at all stages of import and marketing in the EU. If controls show that the food products do not comply with the requirements applicable to them, they will not be allowed to enter the EU market. In the event of repeated non-compliance of specific products originating from particular countries, the EU can decide that controls will be carried out on an increased level or lay down emergency measures. All levels are discussed in the following order: 1. 2. 3. Official controls on food products; Increased level of controls; Emergency measures.

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EU legislation: Food control

In the final section you can find information on an EU buyers approach towards compliance control.

1.

Official controls on food products

Control is carried out by the food safety authorities in the EU, usually the national competent authorities in the EU Member States. For an overview of the competent food safety authorities in the EU Member States, click here (scroll down to EU Food Agencies on the web page). There are three types of checks: a) Documentary checks b) Identity checks c) Physical checks a) Documentary checks

100% of the consignments of food products of entering the EU are subjected to documentary checks. Documents include invoices or other documents indicating the name of the product and the country and certificates (e.g. phytosanitary, veterinary or organic certificates). If you export food products to the EU, make sure all accompanying documents are in good order, in a language understood in the particular EU Member State and contain correct information. If specific certification is required, make sure that the certificate is delivered in a format set by the EU. b) Identity checks

At most EU entry points, a computer program randomly selects the consignments of food products subjected to identity checks. Identity checks are carried out to verify that the consignment indeed contains the food products described on the documentation. The procedure for an identity check includes: Verification for container number and seal number (where appropriate) ; Verification that seals are intact (where appropriate); For wrapped or packaged products: a check on specific labelling present on these products. If you export to the EU, make sure that the accompanying documents correspond (from AZ!) with the food products contained in the consignment. c) Physical checks
1

Physical checks include inspection of the product itself and the packaging. Checks can consist of measuring of temperature (e.g. in the case of quick-frozen food) and laboratory testing (for hazards and fitness). Products that do not comply with the requirements applicable to the type of food concerned will not be allowed to enter the EU. Physical checks are (randomly) carried out based on estimated risks at the point of entry in the EU. Fruits and vegetables that are accompanied by a phytosanitary certificate are always subject to physical checks. Furthermore, in practice most consignments of products of animal origin (e.g. fishery products and honey) undergo physical checks.

E.g. in the case of organic food products.

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EU legislation: Food control

Food Contact Materials The EU has laid down requirements regarding immediate packaging of food (food contact materials or FCM). The requirements aim to avoid that dangerous substances that are used in the manufacture of these food contact materials are carried over to the food. Please note that those materials are included in the physical checks. If you export food products to the EU, make sure you take into account the requirements on FCM as well.

2.

Increased level of controls

The EU can decide, on the basis of risk assessments, to increase the level of control for food products of plant origin (e.g. fruits and vegetables, spices and herbs, rice and pulses) that have a high risk for non-compliance when originating in a particular country. These controls focus on the presence of a certain contaminant, pesticide residue, unauthorised food additive or labelling. They always include a full check covering documentary, identity and physical controls. Annex I of Regulation (EC) 669/2009 lists the food products subject to the increased control regime. An overview of the listed products from countries that appear on CBIs partner country list is given in the table below. It also specifies which hazards and countries of 2 origin are involved . Please note that the EU updates the list repeatedly when new hazards occur or old hazards cease to exist.
Products Fresh fruit and vegetables: Oranges (fresh or dried) Peaches Pomegranates Strawberries Green beans Peppers Food/Feed: Groundnuts (peanuts), in shell Groundnuts (peanuts), shelled Peanut butter Fresh herbs: Curry leaves (Bergera/ Murraya koenigii) Country of Origin Egypt Hazard Pesticide residues Frequency of 3 checks 10%

Ghana

Aflatoxins

50%

India

Pesticide residues Aflatoxins

10% 50%

Dried spices: India Chilli (Capsicum annuum), whole Chilli (Capsicum annuum), crushed or ground Chilli products (curry) Nutmeg (Myristica fragrans ) Mace (Myristica fragrans ) Ginger (Zingiber officinale)
2

Please note that more food products than mentioned in the table are listed. However, the related countries of origin are not CBI-countries and therefore not of relevance to the CBI target group.
3

Represents the percentage of all consignments that are subjected to increased controls upon entry in a particular EU Member State. For example, if the check frequency for peanuts is 50%, 50% of all consignments of peanuts are subjected to increased checks.
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EU legislation: Food control

Curcuma longa (Turmeric) Food/Feed: Groundnuts (peanuts), in shell Groundnuts (peanuts), shelled Peanut butter Groundnuts (peanuts), otherwise prepared or preserved Food: Fresh okra Food: Watermelon (egusi) seeds and derived products Food: Basmati rice for direct human consumption India Aflatoxins 20%

India Nigeria

Pesticide residues Aflatoxins

10% 50%

Pakistan

Aflatoxins

20%

Dried spices: Peru Chilli (Capsicum annuum), whole Chilli (Capsicum annuum), crushed or ground Food/Feed: Groundnuts (peanuts), in shell Groundnuts (peanuts), shelled Peanut butter Groundnuts (peanuts), otherwise prepared or preserved Food: Fresh chilli peppers (Capsicum spp.) Fresh herbs: Coriander leaves Basil (holy, sweet) Mint Fresh, chilled or frozen vegetables: Yard long beans (Vigna sesquipedalis) Aubergines Brassica vegetables South Africa

Aflatoxins and Ochratoxin A

10%

Aflatoxins

10%

Thailand Thailand

Pesticide residues All three: Salmonella Coriander and Basil: Pesticide residues Pesticide residues

10% 10% 20 %

Thailand

50%

Food: All non-EU (third Chilli (Capsicum annuum), crushed or countries) ground Chilli products (curry) Curcuma longa (turmeric) Dried palm oil

Sudan dyes

10%

Rapid Alert System for Food and Feed Much of the food products mentioned above have been subject to an increasing number of notifications, communicated through the Rapid Alert System for Food and Feed (RASFF). RASFF is the EUs warning system through which EU Member States communicate with each other on unsafe food products detected on their national markets. More information can be found in the CBI document EU legislation: Product safety for food products (cases).

Apart from more checks, the increased food control regime has the following procedural impacts:

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EU legislation: Food control

Pre-notification: You (or your EU buyer) must pre-notify the competent food authorities of the EU Member State(s) of destination of the arrival of the products. Communicate with your EU buyer about the logistics of the shipment of your products, so that all paperwork is carried out upon arrival at an EU point of entry. Designated points of entry: Your products can only enter the EU through designated points of entry. Each EU Member State has one or more designated points of entry. Products that are offered at other posts, perhaps at ports to which you usually ship your products, will be rejected from EU entry. The designated points of entry of each EU Member State can be verified with the competent food authority of that country or with your EU buyer.
Potential effects on trade All costs associated with inspections carried out under Regulation (EC) 669/2009 are imposed on the responsible EU importer. These costs can be relatively high (in case of small orders). As a consequence it is possible that EU importers will become less willing to buy certain products from listed countries or only trust exporters with which they have a long-existent business relationship. This may affect your trade with the EU. What to do? The performance of all exporters (of the same product) from a country is included in the risk assessments. This implies that even if you, as an individual exporter, export EU compliant food products, your products can be subjected to increased controls as well. To prevent your country from inclusion or to help remove a certain product from the list, it is necessary that all exporters apply EU conform standards. Working together, organising and participating in EU export promoting programs will maximise each individual exporters opportunities on the EU market. Exporters who implemented acknowledged food management systems (such as ISO 22000, HACCP, GlobalGAP and BRC) and acquired accreditation may have a competitive advantage.

3.

Emergency measures

The General Food Law enables the EU to lay down emergency measures in the case a particular food product imported from a specific country is likely to constitute a serious health risk to animals or humans. At present, most emergency measures regard fishery products. Above all, your EU buyer wants to buy food that complies with the EUs and his own food safety rules. To have any control on the matter, most EU buyers use the following verification tools. Product specifications Product specifications list all the product characteristics with which the products have to comply and are an essential part of the contract between the supplier and an EU buyer. The absence of the hazards mentioned in the table on page 3 and 4, are likely an integral part of the product specifications for these products. If you declare to your EU buyer that the mentioned hazards are not present and they are detected in a later stadium anyhow, you can be held liable. Test reports Especially if you and your reputation are not really known to your EU buyer, he may demand you to provide him with test reports from which appears that no forbidden hazards are present. These test reports are expected to be obtained from laboratories that are accredited or known by your EU buyer. If it is not possible to obtain such a test report in

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EU legislation: Food control

your country, you may have to send a sample of the consignment to your EU buyer who will test it for you. Random sampling Upon arrival of your products in the EU, it is likely that your products will be subjected to random sampling by your EU buyer as a double check.
Related documents Please find below an overview of other legislative and non-legislative requirements that are of relevance when exporting food products to the EU. Some of the requirements are shortly highlighted in this document. More details however, can be found in the CBI database under the following document titles: Legislation: EU legislation: Fishery and aquaculture products EU legislation: Food contact materials EU legislation: Food labelling EU legislation: General Food Law EU legislation: Honey EU legislation: Liability for defective products EU legislation: Product safety for food products (cases) EU legislation: Phytosanitary certificate and related issues (case) Non-legislation: Food Safety Management Systems

Last updated: March 2012

This document was compiled for CBI by CREM B.V. Disclaimer CBI market information tools: http://www.cbi.eu/disclaimer

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