Imports - OVS Note 08/15
Regulatory options for consignments found to be contaminated with veterinary drug residues
This letter is addressed to all Border Inspection Posts (BIPs) in England only.
Issue
The FSA has reviewed and revised its advice to enforcement authorities at BIPs
relating to control of consignments found to be contaminated with pharmacologically active substances for which no maximum levels can be fixed (this includes chloramphenicol and nitrofurans metabolites) and those with a current minimum required performance limit (MRPL). That is all substances listed in Annex IV of Regulation 2377/90, and those for which a MRPL has been established by Decision 2002/657/EC. (Annex II).
Advice
With immediate effect Agency advice is that authorised enforcement officers at BIPs may, at their discretion and subject to conditions described in this letter, allow re-dispatch of consignments found to be contaminated with these veterinary drug residues as a viable regulatory option, provided that they consider this to be an appropriate measure to protect human and animal health.
Background
Commission Decision 2005/34/EC set out the interim position as regards the re-dispatch of contaminated consignments pending the application of Articles 19-22 of Regulation 882/2004.
Regulation 882/2004 took effect in the UK on 1 January 2006. Subsequently the Agency considered the application of Article 19(2) of that Regulation and in September 2006 we advised authorities that consignments found to be contaminated with veterinary drug residues should be destroyed without allowing re-dispatch.
Having considered this position further in the context of general food law and in the light of experience, it is now the Agency view that Article 21 882/2004 may be considered to be an appropriate measure to protect public health for the purposes of Article 19(2) 882/2004.
Nonetheless, the Agency continues to be of the view that substances that are considered to be genotoxic carcinogens, such as nitrofurans, have no safe level of exposure. Consignments found to be at or above the MRPL (where established) would be regarded as injurious to health.
Our advice is in relation to Articles 19 to 22 of Regulation (EC) 882/2004 which, as indicated by Article 3(2) of Commission Decision 2005/34/EC, provide enforcement options to be taken as regards non-compliant consignments. Article 19 of 882/2004 sets out the measures that can be taken. As Article 19(2) sets out the options available for products which are deemed to be injurious to health or unsafe, the FSA view is that this measure would be applicable for consignments that are found at or above the MRPL (where established).
The Agency's current interpretation of Article 19(2) is that contaminated consignments may be destroyed or subject to Article 21 882/2004 procedures where this is considered to constitute an appropriate measure to protect human health. For example it may be an appropriate measure to protect public health in cases where a third country competent authority wishes to analyse the consignment in more detail and trace contamination back to source in order to prevent further use of the prohibited substance or where the product does not comply with EU law, but could legitimately be sold in the third country.
Process
When acting on adverse veterinary drug residue results, officers are recommended to:
- Legal requirement: Consider if re-dispatch could be considered an appropriate measure to protect public health having heard from the food business operator responsible for the consignment and agreeing with them the destination of the consignment outside of the European Community.
- Legal requirement: Verify that the conditions of Article 21 of Regulation 882/2004 are met.
Guidance: The Agency has issued advice on Article 21 procedures (IFD/08/004). Authorities may wish to consider exchange of the attached pro-forma with the competent authority in the third country concerned. NB Article 21 of 882/2004 requires the feed/food business operator to inform the third country competent authority and therefore, once you have completed section 1, you may wish to pass this form to them to carry out the work to identify the recipient and ensure that it is returned to you (Please refer to Annex I).
- Legal requirement: Issue a Notice under the appropriate legislation.
Guidance: The Agency view is that Regulation 21 of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 would be appropriate.
- Legal requirement: Ensure that the action is reported to the Commission via the Agency by way of the Rapid Alert System for Food and Feed.
- Legal requirement: Ensure that HM Revenue and Customs are notified of the decision.
The advice contained in this letter should not be taken as an authoritative statement of the law or its interpretation. Only the courts can decide whether in particular circumstances an offence has been committed.
If you need any further information please let me know. You may also be aware that the Agency have an imports section on its website and can be found at http://www.food.gov.uk/imports
Yours sincerely
Mark Ball
Imported Food and Food Standards Enforcement Division
Annex I
Certificate Template for use by UK Border inspection Posts
REFERENCE: [TO BE INSERTED BY THIRD COUNTRY COMPETENT AUTHORITY]
Article 21 Regulation 882/2004
Regulation 23 Products of Animal Origin (Third Country Imports) (England) Regulations 2006
Notification of Preparedness to Accept a Re-dispatched Consignment of Food Contaminated with Veterinary Drug Residues
Part 1 (for completion by the BIP):
CVED number: ……………… Health certificate number: ………………
Certificate of Analysis ref:………………… Production establishment number:…….
Sea/Air Port of Re-dispatch: ……………… Container number:………………………
EU Food Business Operator: BIP Seal number:……………………….
……………… ………………
……………… ………………
……………… ………………
Description of Goods: ……………… ……………… [TYPE OF PRODUCT / BRAND NAME / PACKAGING]
Quantity of Goods: ……………… [GROSS or NET WEIGHT KGS / NUMBER AND TYPE OF
CARTONS/PACKAGES/TOTES]
Part 2 (for completion by third country competent authority)
Attestation
I, the undersigned, being a suitably authorised official of [INSERT NAME OF THIRD COUNTRY COMPETENT AUTHORITY], being the competent authority responsible for regulatory controls on food of animal origin under the national rules of [INSERT THIRD COUNTRY NAME] CERTIFY THAT:
1. I am aware from [INSERT NAME OF EU FOOD BUSINESS OPERATOR AND/OR THIRD COUNTRY EXPORTER ] that the consignment referred to has been rejected at the EU border having been found to be contaminated with veterinary drug residues;
2. There are laws in place in [INSERT THIRD COUNTRY NAME] to address this issue;
3. I am prepared to accept the consignment for official control at the sea/air port of [INSERT PORT NAME] in [INSERT THIRD COUNTRY NAME];
4. Confirmation of receipt of the consignment will be issued to the [INSERT BIP NAME]; and,
5. The [INSERT THIRD COUNTRY COMPETENT AUTHORITY NAME] will take all necessary measures to ensure that no part of the returned consignment will be reintroduced into the European Community.
Signed: Official Stamp:
Name: [OFFICER NAME]
Being a duly authorised official of [THIRD COUNTRY COMPETENT AUTHORITY]
Date of issue:___/___/200_
Note: The issue of this notification by a third country competent authority does not compel the EU BIP authority to allow re-export of the consignment and is without prejudice to other regulatory options available to enforcement officials. Responsibility for compliance with the law remains the responsibility of the food business operator responsible for the consignment.
Annex II
List of substances currently included in Annex IV of Regulation 2377/90 and those with an MRPL vis. Decision 2002/657/EC.
NB Both lists of substances are updated from time to time by the European Commission. Please ensure that you make reference to the latest version when considering the most appropriate course of action.
Annex IV substances
Aristolochia spp. and preparations thereof
Chloramphenicol
Chloroform
Chlorpromazine
Colchicine
Dapsone
Dimetridazole
Metronidazole
Nitrofurans (including furazolidone)
Ronidazole
Substances with a current MRPL
Chloramphenicol
Nitrofurans
Medroxyprogesterone
Malachite green.
Page published:
20 May, 2008