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 Last update: December 1, 2010

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 Contaminants in Food & Feed

Contaminants in Foodstuffs

Maximum Levels

Commission Regulation 1881/2006 establishes maximum levels for certain contaminants.  This regulation was last amended by Commission Regulation 165/2010 which amends maximum aflatoxin levels for a series of products including tree nuts.  These levels are applicable as of March 9, 2010.  Table 1 gives an overview of the different contaminants to which the regulation applies.

Table 1: Commission Regulation 1881/2006 sets maximum levels for the following contaminants in foodstuffs:
Section 1: Nitrates

- Nitrate in lettuce and spinach and infant food 
 

Section 2: Mycotoxins

- Aflatoxins in nuts, dried fruit, cereals, maize, spices, milk, infant food
- Ochratoxin A in cereals, cereal products, dried vine fruit, wine, coffee, spices, licorice, infant food
- Patulin in apple juice, apple juice ingredients, infant food
- Deoxynivalenol in cereals, cereal products, infant food
- Zearalenone in cereals, cereal products, infant food
- Fumonisins in maize and maize based products
- T-2 and HT-2 toxin in cereals and cereal products 
 

Section 3: Heavy metals

- Heavy metals lead, cadmium, mercury in meat, fish, vegetables and fruit, fungi, food supplements, wine
- Tin in canned foods and beverages and baby foods
 

Section 4: 3-monochloropropane-1,2-diol (3-MCPD

- 3-MCPD in vegetable protein , soy sauce
 

 

Section 5: Dioxin and dioxin-like PCBs

- Dioxins in meat, fish, milk, eggs and oils & fats 

Section 6: PAH

- Polycyclic Aromatic Hydrocarbons (PAH) in oils and fats, infant foods, meat and fish 
 

   

Official Controls of Maximum Levels in Foodstuffs

The Directives in Table 2 concern the sampling methods and methods of analysis for the official controls of the levels of the different contaminants. Annex I describes the methods of sampling; Annex II concerns the sample preparation and the performance criteria for the methods of analysis.
 

Table 2: Sampling & Analysis Methods for Official Controls
Nitrates  Commission Regulation 1882/2006

Mycotoxins: Aflatoxins, Ochratoxin A, Patulin and Fusarium toxins

 Commission Regulation 401/2006

Dioxins

 Commission Regulation 1883/2006

Heavy metals, Tin, 3-MCPD and PAH (benzo(a)pyrene)  Commission Regulation 333/2007

 

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"GUIDANCE DOCUMENT FOR COMPETENT AUTHORITIES FOR THE CONTROL OF COMPLIANCE WITH EU LEGISLATION ON AFLATOXINS" (European Commission Guidance Document - November 2010)
 

Remark: Action levels for Dioxins in Foodstuffs

Action levels for dioxins and dioxin-like PCBs in foodstuffs are set by Commission Recommendation 2006/88/EC as part of a pro-active approach to reduce the presence of dioxins and dioxin-like PCBs in food and feed. The action levels for dioxins and furans are generally set at around 2/3 of the new maximum levels and an investigation into the cause of the contamination is required if the action levels are exceeded.
 

 

Special EU Import Conditions for U.S. Almonds

As of September 1, 2007, the EU implemented Special Import Conditions, which called for mandatory testing of California almonds imported to EU member countries. The California almond industry and USDA developed a Voluntary Aflatoxin Sampling Plan (VASP) comparable to the EU sampling procedures so that almonds can be uniformly tested before they are shipped to the EU.  

Per Commission Regulation Regulation 1152/2009, these procedures are considered to provide sufficient assurances, such that almonds shipped under the VASP program are subject to random testing on import in Europe, whereas almonds that are not controlled under the VASP program continue to be subject to 100% border controls. 

These levels and are applicable as of Jan 1, 2010.  The Decision applies to almonds in shell or shelled, roasted almonds and mixtures of nuts or dried fruits containing almonds, and foodstuffs containing a significant amount of almonds (at least 20 percent). 

Regulation 1152/2009 also introduces the use of a Common Entry Document (CED), similar to the Common Veterinary Entry Document (CEVD) used for veterinary products.  Starting January 1, 2010, the importer has to provide prior notification to the competent authorities at the designated port of entry for the goods covered by the regulation at least 1 working day prior to the arrival of the goods, using the CED.  The CED was published in Annex II of the Regulation 669/2009.


Provisions for methods of sampling and analysis for the official control of mycotoxins including aflatoxins are laid down in Commission Regulation 401/2006 as amended by Commission Regulation 178/2010.  As of March 13, 2010, sampling under the VASP is performed on the basis of a 2x10 kg sample, in accordance with the new EU sampling legislation.  For additional information see Annex VII B of the guidance document.
For additional information on the VASP program see Almond Board of California:

http://www.almondboard.com/Handlers/FoodQualitySafety/VASP/MarketRamifications/Pages/Default.aspx

Approval of pre-export control on aflatoxins in peanuts from US

Article 23 of Regulation (EC) No 882/2004 provides that pre-export checks carried out by a third country on feed and food immediately prior to export to the Community with a view of verifying that the exported products comply with the Community requirements may be approved. Such an EC approval of pre-export controls has as consequence that these pre-export controls replace or reduce the documentary, identity and physical controls at import into the EC. An FVO inspection carried out in September 2006 concluded that the US have a well defined control system for aflatoxin levels in peanuts and well performing approved laboratories. Therefore approval of pre-export control was granted by Commission Decision 2008/47/EC in December 2007. As these pre-export controls replace effectively and reliably the controls at import this should result in a significant decrease of controls at import.  The guidance document (point I.2.4) indicates this could e.g. be at <1%.

 

 

Contaminants in Feedstuffs

Maximum Levels

Directive 2002/32/EC of the European Parliament and the Council on undesirable substances in animal feed lists maximum levels for a wide range of contaminants including environmental contaminants such as heavy metals, mycotoxins, botanical impurities and other undesirable substances. 
 


Remark: Action levels for Dioxins in Feedingstuffs

Directive 2006/13/EC also includes action levels for dioxins and dioxin-like PCBs. If the action levels are exceeded, measures will be taken to find and eliminate the source of contamination.
 

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