10th EFFL Conference – “COOL and Company – The Beginning of the End of the Common Market?”

I am on the move to Berlin this morning, to attend the really interesting on Country of Origin Labeling (COOL) event above mentioned. Thank you to Lexxion for inviting me.

Since the EU Commission, in 2015, decided to not impose mandatory indication of origin beside the ones today in place by horizontal legislation (e.g. Reg. (EU) 1169/2011) and by sectoral legislation (e.g. meat, honey, fish…) many Member States today are proposing national legislation’s act imposing some sort of obligation in terms of COOL: this is particularly true for the milk sector, which is sparkling much debate after France and Italian initiatives.

Which legal justifications stand behind those national drafts? Are they legitimate? If not, which legal instruments we have to fight back the fragmentation of the single market? Is the single market at risk?

Those are the questions we will try to answer and you can expect my take on the event on these pages in the near future.

On the second day of the conference, 9th December 2016, I will have a speech titled:

Drafts on National COOL Regulations
Ireland, Italy (mandatory on milk and dairy products), Portugal (mandatory on milk and dairy products), Poland (voluntary claim “Produkt polski”) Lithuania, Finland, Greece, Romania

and I will participate in a discussion panel on:

Mandatory COOL– Legitimate Consumer Information or a Step towards Protectionism?

together with:

  • Hillary ROSS, Litigation, Regulatory – DWF LLP
  • Andreas MEISTERERNST, Meisterernst Rechtsanwälte, Munich
  • Peter LOOSEN, German Federation for Food Law and Food Science e.V., Brussels

Many other excellent speakers will be there, so this could be a wonderful place to discuss such a complex topic in a 2 days immersive event.

  • Martin HOLLE, Professor of Food Law and Administrative Law, Hamburg University
    of Applied Sciences, Hamburg
  • Dirk JACOBS, Director of Consumer Information, Diet and Health, Food Drink
    Europe, Brussels
  • Paolo PATRUNO, Deputy Secretary General, Liaison Centre for the Meat Processing
    Industry in the European Union (CLITRAVI)
  • Sarah ARAYESS, Hoogenrad & Haak Advocaten, Amsterdam

Here you can see the full program.

The EFFL Conference is an established annual event organized under the auspices of the European Food and Feed Law Review. It is tailored to the needs and interests of those who are daily exposed to European food law & policy and leadership in the food law practice, and I will be very glad to participate.

If you will be there too, drop a note on foodlawlatest@gmail.com and we will discuss further in front of a cup of coffee!

EFSA report on emerging risk – Plastic rice frauds listed

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.

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: EFSA website)