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!

Food recalls in EU – Week 8/2016

Last week on EU RASFF (Rapid Alert System for food and feed) we can find the following relevant notifications:

1. Alerts followed by a recall from consumers:

  • Listeria monocytogenes (presence CFU/g) in organic falafel nuggets from the Netherlands, following an official control on the market. Notified by Netherlands, distributed also to Belgium, France, Ireland, Spain and United Kingdom;
  • Mercury (1.18 mg/kg – ppm) in frozen blue shark slices (Prionace glauca) from Spain, following company’s own check. Notified by Italy;
  • Salmonella (presence/25g) in raw milk brie cheese from France, following company’s own check. Notified by France, distributed also to Austria, Czech Republic, Germany and Spain;
  • Salmonella Kentucky (present) in dried parsley from Egypt, following an official control on the market. Notified by Germany, distributed also to Belgium, Finland, France and Netherlands;
  • Traces of milk (casein 0.03 mg/item) in frozen fish gratin from Sweden, with raw material from Denmark, following company’s own check. Notified by Sweden, distributed also to Norway:
  • Undeclared milk ingredient in swiss rolls from Spain, following an official control on the market. Notified by United Kingdom, distributed also to Italy and Portugal;
  • Undeclared mustard and celery in spice mix from Sweden, following company’s own check. Notified by Sweden, distributed also to Finland, Norway and Denmark.

2. Information for attention/for follow up followed by a recall from consumers:

3. Alerts followed by a withdrawal from the market:

  • Listeria monocytogenes (570 CFU/g) in frozen smoked trout from Turkey, via Bulgaria, following an official control on the market. Notified by Netherlands;
  • Mercury (1.845 mg/kg – ppm) in frozen swordfish loins from Vietnam, via Belgium, following an official control on the market. Notified by Czech Republic, distributed also to Denmark, Hungary, Poland, Romania and Slovakia;
  • Plastic fragments in candy bars from the Netherlands, following company’s own check. Notified by Netherlands, distributed also to (see links embedded to reach some of the press release-public warning): Albania, Algeria, Andorra, Angola, Australia, Austria, Bangladesh, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Faeroe Islands, Finland, France, Germany, Ghana, Gibraltar, GreeceHong Kong, Hungary,  Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jordan, Latvia, Lebanon, Libya, Lithuania, Luxembourg, Madagascar, Maldives, Malta, Mauritius, Monaco, Morocco, Nepal, New Caledonia, Norway, Poland, Portugal, Romania, Saudi Arabia, Serbia, Slovakia, Slovenia, South Africa, South Korea, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Taiwan, Tanzania, Tunisia, Turkey, Ukraine, United Arab Emirates, United KingdomWest Bank and Gaza Strip;
  • Unauthorised substance yohimbine in and insufficient labelling of food supplement from the United States, via Sweden, following an official control on the market. Notified by Norway;
  • Unauthorised substance yohimbine in food supplement from the United States, following an official control on the market. Notified by Norway, distributed also to Sweden.

4. Seizures:

5. Border rejections:

Country of notification Countries concerned Subject Action Taken
Italy Italy, United States (O) aflatoxins (B1 = 10.4; Tot. = 11.6 µg/kg – ppb) in shelled almonds from the United States re-dispatch
Ireland Ireland, Pakistan (O), United Kingdom aflatoxins (B1 = 15.7; Tot. = 16.4 µg/kg – ppb) in spice mix from Pakistan official detention
Italy China (O), Italy aflatoxins (B1 = 5.3; Tot. = 6.5 µg/kg – ppb) in shelled peanuts from China  
Italy Egypt (O), Italy aflatoxins (B1 = 92; Tot. = 107 / B1 = 5.1; Tot. = 5.9 µg/kg – ppb) in groundnuts from Egypt placed under customs seals
Germany Germany, Turkey (O) aflatoxins (Tot. = 51.3 µg/kg – ppb) in roasted pistachios and almonds from Turkey import not authorised
Belgium Belgium, Gambia (O) benzo(a)pyrene (7 µg/kg – ppb) in smoked sardinella (Sardinella spp.) from the Gambia import not authorised
Italy India (O), Italy cadmium (2.6 mg/kg – ppm) in frozen squid chunks from India import not authorised
United Kingdom South Korea (O), United Kingdom cadmium (2.9 mg/kg – ppm) in frozen squid (Nototodarus spp.) from South Korea import not authorised
United Kingdom Laos (O), United Kingdom, Vietnam high count of Escherichia coli (1000 CFU/g) in praew leaves (Vietnamese coriander – Polygonum odoratum) from Laos, via Vietnam destruction
Italy Italy, Thailand (O) mercury (0.11 mg/kg – ppm) in pet food from Thailand import not authorised
Italy Commission Services, Italy, Portugal, Vietnam (O) prohibited substance nitrofuran (metabolite) nitrofurazone (SEM) (1.43 µg/kg – ppb) in frozen pangasius fillets from Vietnam import not authorised
Greece Greece, India (O) Salmonella (in 1 out of 5 samples /25g) in hulled sesame seeds from India import not authorised
United Kingdom Laos (O), United Kingdom, Vietnam Salmonella (in 4 out of 5 samples /25g) and high count of Escherichia coli (620 CFU/g) in frozen perilla (Perilla frutescens) from Laos, via Vietnam destruction
Italy Italy, Vietnam (O) too high level of overall migration (141 mg/kg – ppm) from nitrile gloves (food contact materials) from Vietnam re-dispatch
Poland Japan (O), Poland unauthorised colour Rose Bengal in marinated bamboo shoots from Japan destruction
United Kingdom Thailand (O), United Kingdom unauthorised substance carbofuran (0.01 mg/kg – ppm) in aubergines from Thailand destruction
Italy India (O), Italy unauthorised substance propargite (0.29 mg/kg – ppm) in green tea from India placed under customs seals

(Source: RASFF Portal)