JOINT FAO/WHO FOOD STANDARDS PROGRAMME CODEX COMMITTEE ON CONTAMINANTS IN FOODS. Tenth Session Rotterdam, The Netherlands, 4 8 April 2016

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1 E Agenda Item 8 CX/CF 16/10/9-Add.1 March 2016 JOINT FAO/WHO FOOD STANDARDS PROGRAMME CODEX COMMITTEE ON CONTAMINANTS IN FOODS Tenth Sessin Rtterdam, The Netherlands, 4 8 April 2016 PROPOSED DRAFT MAXIMUM LEVELS FOR CADMIUM IN COCOA AND COCOA-DERIVED PRODUCTS Cmments at Step 3 submitted by Australia, Chile, Clmbia, Csta Rica, Dminican Republic, Ecuadr, Egypt, El Salvadr, Ghana, India, Indnesia, Kenya, Republic f Krea, African Unin (AU), ECA, Fd,DrinkEurpe, ICA and ICGMA AUSTRALIA Australia wuld like t thank the Cdex Cmmittee n Cntaminants in Fds (CCCF) electrnic wrking grup (ewg) fr preparing Prpsed Draft Maximum Levels fr Cadmium in Chclate and Cca-derived Prducts (CX/CF 16/10/9), fr cnsideratin by the 10 th Sessin f the CCCF (April, 2016). Australia wishes t make the fllwing bservatins and cmments. SUMMARY Australia supprts the wrk f the ewg twards establishing glbally harmnized MLs fr Cd in ccaderived prducts, which are prtective f public health and safety, and achievable. The establishment f harmnized MLs fr these cmmdities can facilitate trade, particularly in thse develping cuntries that are large exprters f cca. Australia supprts the first recmmendatin t wrk n categrizing different types f chclates (e.g. milk chclate with <30% ttal dry cca slids) and subsequently gathering ccurrence data n samples f chclate based n their different categries. Australia suggests that all wrk n establishing MLs fr varius fd categries be suspended until this additinal wrk is undertaken, as it will help infrm the selectin f apprpriate fd categries and establishment f MLs based n actual data. Furthermre it will enable the levels set in the final prducts t be cnsistent with any levels set fr raw materials. The ratinale fr the secnd recmmendatin t request CCMAS t standardize the evaluatin methds fr the determinatin f Cd in cca and its sub-prducts is needed. The request t CCMAS shuld als be clarified i.e. is CCCF requesting the develpment f a set f criteria fr analytical methds? Australia des nt supprt the third recmmendatin regarding prpsed MLs fr cca liqur and pwder (3.0 mg/kg and 4.0 mg/kg respectively), as there is still insufficient ratinale fr these fd categries and their respective MLs, as detailed further belw. JECFA has cncluded that dietary expsures t Cd frm prducts cntaining cca and its derivatives are nt a public health and safety cncern. Therefre, Australia is f the view that MLs shuld be derived primarily n the basis f achievability. MLs shuld be sufficiently flexible t supprt small farming cmmunities in develping cuntries, industry innvatin, and glbal trade.

2 CX/CF 16/10/9-Add.1 2 DETAILED OBSERVATIONS AND COMMENTS Prpsed fd categries and MLs Australia ntes that there were wide-ranging views amngst ewg members regarding the applicatin f MLs t raw, intermediate r finished prducts. The apprach in the final reprt f the EWG fcuses n prpsed MLs fr sub-prducts cca liqur and cca pwder. This is a departure frm previus versins f the paper, which included bth intermediary cmmdities and finished prducts. The prpsed MLs fr cca liqur and pwder accmmdate the vast majrity f the Latin American rigin prduct (which generally has higher levels f Cd and als accmmdate the vast majrity f Australian prducts, bth dmestically prduced and imprted. Hwever, Australia des nt supprt the third recmmendatin regarding the prpsed fd categries and their respective MLs, as we are f the view that there is insufficient ratinale underpinning these. In particular: MLs are prpsed fr these particular sub-prducts rather than the cmmdities, cca beans and nibs, because cca beans and nibs require further prcessing and are nt cnsumed directly. Hwever, it culd be argued that cca liqur is als nt cnsumed directly, and is subject t further prcessing in the prductin f chclates and ther cca-derived prducts There is a lack f infrmatin regarding hw the Cd levels in the selected sub-prducts will translate t levels in finished prducts intended fr direct human cnsumptin In the case f data n cca pwder frm Latin American cuntries, actual analytical data, rather than data derived using cncentratin factrs, shuld be used t establish prpsed MLs The selected sub-prducts are nt the mstly highly traded prducts glbally. The cnclusins state that these sub-prducts were selected in preference t finished prducts, due t a lack f available data and clear categries fr different chclates. In this regard, Australia supprts the first recmmendatin t wrk n categrizing different types f chclates (e.g. milk chclate with <30% ttal dry cca slids) and subsequently gathering ccurrence data in samples f chclate based n their different categries, t enhance the existing evidence base 1. In additin, there is merit in giving further cnsideratin t establishing MLs fr finished prducts because: Australian imprt data indicates that finished prducts (chclates) are traded in much greater vlumes than cca liqur and pwder. An earlier versin f the paper likewise nted that prducts cntaining cca represent the largest prprtin (nearly tw-fifths) f imprts wrldwide in terms f value, fllwed by cca beans (22%), cca butter (12%), cca mass (5%) and cca pwder (4%) Cd levels in sub-prducts such as cca liqur and pwder may have n direct relevance t Cd levels in the finished prduct. This is because variatins in cca cntent and the industry practice f blending can have a significant reducing effect n the Cd cntent f the finished prducts. Results f dietary expsure assessment and achievability The cnclusins state that an expsure assessment cnducted using GEMS/Fd data (submitted by varius cuntries) and CAOBISCO data demnstrates that dietary expsure is well belw the Prvisinal Tlerable Mnthly Intake (PTMI) f 25 µ/kg bw, set by JECFA in 2010, fr bth cca liqur and pwder. Australia ntes that the JECFA assessment cncluded that dietary expsures t Cd frm prducts cntaining cca and its derivatives are nt a public health and safety cncern (JECFA, 2013). Therefre, Australia is f the view that MLs established fr chclate and cca-derived prducts shuld be based slely n practical achievability wrldwide rather than n public health and safety cnsideratins. 1 An earlier versin f the ewg paper indicates that GEMS/Fd data fr cca prducts such as beverage pwders and chclates are currently limited.

3 CX/CF 16/10/9-Add.1 3 CHILE Chile appreciates the wrk dne by Ecuadr, Brazil and Ghana, and agrees with the prpsed maximum levels fr Cadmium in cca liqur and cca pwder, with the understanding that the intake f cadmium by chclate cnsumptin and cca-derived prducts wuld nt be cause fr cncern, accrding t indicated by JECFA in the CX/CF 16/10/9 dcument. Chile disagrees with the recmmendatin t wrk in the categrizatin f the different types f chclates, withut setting befre a maximum level fr the matrices indicated in this dcument (cca liqur and cca pwder) COLOMBIA Clmbia is presenting its psitin n the prpsed draft maximum levels fr cadmium in cca and derived prducts, in the sense that we dn t supprt its advancement in the Cdex Alimentarius steps. This is s because the dcument prpsed by the EWG leaded by Ecuadr and c-chaired by Brazil and Ghana is nt presenting a clear and apprpriate categrizatin f the different types f chclates fr human cnsumptin, and the prpsed maximum levels nly fr cca liqur and cca pwder as raw matter did nt use the data submitted by different cuntries in the regin that are cca and byprducts prducers. Thus, we ask t slw dwn this item in the CCCF, while the EWG is reactivated and making clear its mandate that culd be t develp a categrizatin and definitin f the data t be used t set the levels fr the cntaminant. As a result, we recmmend that the data be used t prpse different ML fr cadmium in fds t be defined and which are prduced frm cca, reflecting the situatin f Latin America regarding the cntent f that metal. COSTA RICA Csta Rica wuld like t cngratulate Ecuadr and Brazil fr the prgress in the cntent f the dcument; it als appreciates the pprtunity given fr prviding the fllwing cmments: 1. Paragraph 10, secnd bullet. It is recmmended t replace the term cca bean by prcessed grain, as set ut in graph N. 1. Or change what is set ut in this graph. In the English versin. Justificatin: harmnize the used terminlgy thrughut the dcument. 2. Review and crrect peratins and calculatins f the units included in Appendix I, Annex I and II, page 13, English versin. Bdyweight: 60kg. Als crrect the fllwing peratin: 60 * = 1.5 nt 1.75 mg. Nte: It is interpreted as if the calculatins had been made n the basis f 70 kg. 3. Intake f Cd (ug/kg bw mnthly) = mg/kg * 0.51 mg/kg = mg/kg Nte: It is unclear, since the multiplicatin f the units cannt be mg/kg. Justificatin: In the first factr in kg it is weight, and the secnd factr in kg it is liqur. DOMINICAN REPUBLIC The Dminican Republic is a cca prducing and exprting cuntry which recgnizes the ecnmic imprtance that has the marketing f cca and its derivatives glbally, cnsiders imprtant that maximum levels (ML) be established fr cadmium (Cd) in cca and its derivates, which ensure the safety f prcessed prducts and allw equity in trade, where cnsumers anywhere in the wrld have full cnfidence that by cnsuming cca and its derivatives the level present f that cntaminant will nt be f significance. The Dminican Republic supprts the prpsed recmmendatins f MLs fr cadmium by the ewg: Prpsed ML fr Cd in chclate and cca and its derivatives PRODUCT ML f Cd (mg/kg) Cca liqur 3.0 Cca pwder 4.0 We als supprt that wrking dcument CX/CF 16/10/9 be apprved at Step 3 and als the ther recmmendatins identified by the ewg:

4 CX/CF 16/10/9-Add.1 4 The CCCF cntinues wrking n the categrizatin fr different types f chclates and subsequently recmmends gathering f scientific data n the ccurrence f Cd in samples f chclate based n the different categries. The EWG requests the CCMAS t standardize the evaluatin methds fr the determinatin f Cd in cca and its sub-prducts ECUADOR (i) General Cmments: Ecuadr thanks the Chair f this Electrnic Wrking Grup (EWG) and Brazil and Ghana as c-chairs; in this regard it wishes t express the fllwing: In rder t mve frward with this prpsed standard, Ecuadr supprts the prpsed levels by the EWG, and the cnclusins and recmmendatins theref, because the dcument meets tw f the main bjectives f the Cdex Alimentarius, which are highlighted in the prtectin f cnsumer health and in maintaining fair practices in fd trade. Additinally, Ecuadr suggests that the term cca pwder be strengthened, insfar as it culd be cnfused with similar terms that are cited in ther regulatins r internatinal regulatins. (ii) Specific cmments: Prpsed draft maximum levels fr cadmium in cca chclate and cca-derived prducts Ratinale: This prpsed draft maximum levels is fcused in chclate and cca prducts, as in the 8 th meeting f the CCCF (2014), the terms f reference were as fllws: The Cmmittee agreed t start new wrk n MLs fr cadmium in chclate and cca prducts fr apprval by the 37 th sessin f the Cmmissin ; in the same way in the 9 th meeting f the CCCF (2015), the Cmmittee agreed t reestablish this ewg under the same name, i.e. Prpsed draft maximum levels fr cadmium in chclate and cca prducts. (Prepared by the Electrnic Wrking Grup chaired by Ecuadr and c-chaired by Brazil and Ghana). Ratinale: Accrding t the 8 th sessin f the CCCF, the Cmmittee agreed t establish an electrnic wrking grup led by Ecuadr, c-chaired by Ghana and Brazil, that wuld wrk in English and Spanish, t develp prpsals fr MLs... ; and later, in the 9 th sessin f the CCCF, the Cmmittee re-stablished this ewg chaired by Ecuadr, and c-chaired by Brazil and Ghana; therefre this cuntry (Ghana) shuld be included in the afrementined title. EGYPT It is requested t review the units, since in Table 10, crrespnding t the Summary f the impact f different MLs fr Cd in the statistical distributin f Cd in the liqur and cca pwder Latin American cuntries and ther surces, including the prprtin expected PTMI Cd intake fr the diet grup 7 and the prprtin f rejected samples prvided in the glbal market in the furth clumn Cd intake (g/lg mnthly p.c.) are units that d nt exist, therefre it is requested clarificatin n them. In Appendix I, crrespnding t Annexes I (Exercise f estimated mnthly cnsumptin f Cd in samples f cca liqur) and II (Exercise f estimated mnthly cnsumptin f Cd in samples f cca pwder) it is requested t prvide a clarificatin f the calculatins, since in the item crrespnding t mnthly intake, the crrespnding fact t 1.75 is a fact which is nt knwn where it is btained frm. I wuld like t thank the Electrnic Wrking Grup and infrm yu that Egypt apprved the fllwing recmmendatins: 1. Wrk n the categrizatin fr different types f chclates and subsequently recmmends gathering f scientific data and the ccurrence f Cd in samples f chclate based n the different categries. 2. Request CCMAS t standardize the evaluatin methds fr the determinatin f Cd in cca and its sub-prducts. Fr the recmmendatins f the special maximum level f Cd Egypt supprts the lw levels t prtect the health and cnsumers especially the children, s we suggest t prceed a re-study n the prpsed limits due t the height.

5 CX/CF 16/10/9-Add.1 5 EL SALVADOR El Salvadr welcmed the dcument prepared by Ecuadr and Brazil. Preliminarily we supprt the ML prpsed fr cca liqur, (3.0 mg/kg) and cca pwder (4.0 mg/kg). Hwever, we think that the ML fr Cd shuld be established fr ready t use prducts, with the aim f prtecting the health f cnsumers and ensuring fair trade practices. We supprt the cntinuatin f the Wrking Grup with the purpse f wrking in the categrizatin f the different types f chclates and the cllectin f scientific data n the ccurrence f Cd in samples f chclates, n the basis f the different categries, and asking the supprt f Cdex Alimentarius thrugh the CCMAS t standardize the assessment methds fr the determinatin f Cd in cca and its byprducts. GHANA Ghana wishes t cmmend the ewg n develpment f maximum levels fr cadmium in cca and ccaderived prducts, fr the very useful and frward-lking cmments and suggestins submitted during the wrk f the ewg. Ghana has always supprted the Cdex cardinal principles f cnsensus building and inclusiveness and believes that these principles are vital t develping Cdex standards with glbal acceptability. Despite the effrts f the ewg, we d nt believe that the ewg reached cnsensus n 1. the categries f prducts fr which MLs fr cadmium shuld be develped and 2. the prpsed ML fr cca pwder (4mg/kg) and cca liqur (3mg/kg). In this regard we recmmend that mre extensive and pened discussin is needed t clearly articulate the ratinale fr prduct categries befre the develpment f MLs can be cnsidered. Mrever, establishment f MLs fr cadmium in cca and cca-derived prducts shuld be premised n glbal ccurrence data. This will ensure that the established MLs adequately accunt fr reginal differences in terms f prductin and cnsumptin. Such an apprach culd facilitate cnsensus and ensure the timely adptin f the MLs. INDIA India appreciates the wrk initiated by the EWG. Hwever, India des nt supprt the prpsed MLs fr cca liqur and cca pwder. Ratinale: INDONESIA These MLs appear t be prpsed n the basis f the highest level f cadmium bserved in the samples and a least pssible exclusin f the cmmdity frm internatinal trade. A lwer ML (i.e. 2.0 mg/kg fr cca liqur and 2.0 mg/kg fr cca pwder) culd be acceptable even if up t 5% f the cmmdity samples run a risk f getting excluded frm internatinal trade as has been the apprach in revising the MLs fr cntaminants in several ther cmmdities s far. The fllwings are Indnesia cmments: Prducts ML f Cd (mg/kg) Indnesia cmments Cca liqur 3.0 The prpsed MLs f 3 mg/kg culd lead high cncentratin f Cd in final prduct since cca liqur mainly uses fr chclate with high cca cntent, therefre shwing their uniqness (cca rigin uniqness). Therefre, Indnesia wuld like t prpse the MLs f 2 mg/kg. Cca pwder 4.0 The prpsed MLs f 4 mg/kg culd lead high cncentratin f Cd in final prduct, Indnesia prpses MLs f 1 mg/kg fr Cd in cca pwder, since the uses f cca pwder in prduct frmulatin up t 90% nt exceed the PTWI f Cd.

6 CX/CF 16/10/9-Add.1 6 KENYA SPECIFIC COMMENT We agreed with the first recmmendatin f EWG which states that: The EWG recmmends t wrk n the categrizatin fr different types f chclates and subsequently recmmends gathering f scientific data n the ccurrence f Cd in samples f chclate based n the different categries. and West Africa cuntries which prduce 72% and Latin America t avail data t GEMS/Fd fr setting/re-evaluating the safe limit We als accept bullet tw which states as fllws: The EWG recmmended t request CCMAS t standardize the evaluatin methds fr the determinatin f Cd in cca and its sub-prducts. REPUBLIC OF KOREA The Republic f Krea suggests the EWG t prpse the maximum level f cadmium in cca liqur and cca pwder based n the cmbined data f GEMS/Fd and CAOBISCO rather than analyzing them separately. AFRICAN UNION (AU) Psitin 1: AU agrees t the setting f MLs fr cadmium in cca and cca derived prducts Issue and Ratinale: Cntaminatin f cadmium in fd has becme a cncern in many cuntries. The metal can accumulate in kidneys leading t irreversible renal tubular dysfunctin. High cadmium intake is als assciated with the frmatin f kidney stnes as well as prblems with the skeletal and respiratry systems. Cadmium is abundant in nature and can be released t the envirnment in different ways including natural activities such as vlcanic activities and thrugh anthrpgenic activities such mining and smelting f res cntaining zinc, burning f fssil fuels and emissins frm discarded batteries. Abut 72% f the wrld supply f cca beans cmes frm West Africa, especially Cte d Ivire, Ghana and Nigeria. Cadmium levels in cca beans can vary cnsiderably between regins. The regin f lwest cncentratin is West Africa. Fr instance, the highest cadmium levels in cca shells f Ghana was reprted t be 0.75mg/kg. Studies by Takrama et al. (2015) in Ghana als shwed that cadmium levels in cca nibs ranged frm t mg/kg with a mean value f mg/kg (n=67). Psitin 2: AU has n bjectin t the prpsed MLs f 3.0mg/kg fr Cca liqur and 4.0mg/kg fr Cca pwder, Ratinale: The highest per capita cca and its derivatives cnsumptin ranges frm g/day thrugh the GEMS/Fd 17 grups f diet. Mst African cuntries are in the lwest part f the cnsumptin range. Grup/Cluster 7 (cnsisting f Australia, Bermuda, Finland, France, Iceland, Luxemburg, Nrway, Switzerland, United Kingdm and Uruguay) has the highest per capita cnsumptin. Using the highest cnsumptin data f 7.5g/day as the wrst case scenari, the intake calculated with the prpsed ML f 3mg/kg fr cca liqur is 7.69% f the recmmended JECFA PTMI f 25 µg/kg bw. Fr cca pwder using the prpsed ML f 4mg/kg, the calculated intake is 4.15% f the JECFA PTMI. EUROPEAN COCOA ASSOCIATION (ECA) REMARKS: Accrding t the infrmatin btained frm the GEMS/Fd and CAOBISCO, the EWG wuld like t suggest the fllwing ML fr Cd in cca liqur and cca pwder: The prpsed levels fr cca liqur and cca pwder are set at a level which may appear t be manageable as such. Hwever, we wuld like t bring the fllwing aspects int cnsideratin: It is f paramunt imprtance that limits d nt negatively impact internatinal trade. Any pssible limits shuld be established n the basis f JECFA s Cmmittee pinin. We push fr limits which are wrkable fr the whle industry, including the ne wrking with fine flavr cca prducts. It may be wrth cnsidering t set maximum limits n a dry fat free cca slids basis rather than n ttal cca slids as this system seems t be mre relevant.

7 CX/CF 16/10/9-Add.1 7 T meet the bjective f ensuring cnsistency and n negative impact n trade, it wuld be imprtant that the existing EU limits fr maximum levels f cadmium are revised - as freseen under Cmmissin Recmmendatin 2014/193/EU Recital (9). Within the supply chain, suppliers culd argue that that their prducts cmply with the suggested Cdex levels shuld they receive requests fr lwer levels frm manufacturers - aimed at ensuring cmpliance with existing limits n finished prducts established in certain regins and/r cuntries. In a pssible scenari, cmpanies will prbably set their wn specificatins when buying cca beans t meet reginal and/r natinal requirements/limits n finished prducts. These suggested Cdex maximum levels shuld nt lead t a nn-harmnized trade envirnment. Table Prpsal ML f Cd in chclate and cca and cca derived prducts. PRODUCT ML f Cd (mg/kg) 10. DEFINITIONS Cca liqur 3.0 Cca pwder 4.0 Percentage f cca slids: It refers t the ttal percentage f ingredients by weight in the prduct that cmes frm the cca bean, including liqur and cca butter. REMARK: T be replaced by the Cdex definitin, i.e percentage n chclate part f prducts after deductin f ther permitted edible fdstuff Nn-fat cca slids: Are all cca cmpnents (carbhydrates, fiber, prtein and minerals), which were subtracted the fat and misture. REMARK: Suggestin t delete misture and t replace it by dry nn-fat cca slids CADMIUM OCCURRENCE IN COCOA BY PRODUCTS SAMPLES 29. As described abve, the cca beans and nibs represent 27.4% f wrld trade, hwever, these prducts are nt directly cnsumed because they must first underg t an industrial prcessing transfrmatin t btain byprducts as liqur, pwder and cca butter, raw material fr the prductin f chclates and cca derived prducts. REMARK: Cca liqur nt cnsidered as a byprduct. 32. Cnsidering a prcess under standardized cnditins, it is knwn that frm 1.0 kg f cca liqur, 0.6 kg f cca pwder and 0.4 kg f cca butter are btained. Taking int accunt that the entire cntent f Cd remains in the fat-free cca slids, cca pwder wuld have a cncentratin factr f 1.67; since then the data fr cca pwder Latin America were calculated. REMARK: T add the cadmium cntent in cca pwder frm cca liqur data in Latin America 36. Lee & Lw (1985) evaluated intermediate prducts in the stages f chclate manufacturing (rasted cca, liqueur, paste, cake, nibs and shell). They nted that there is cntaminatin in the invlved prcesses and they als nted that the additin f ingredients such as milk and sugar des nt cntribute effectively int metal increasing cncentratins. REMARK: The Lee a& Lw article Determinatin f cadmium, lead, cper and arsenic in raw cca, semi finished and finished chclate prducts (1985) clearly demnstrated that there were n effective cntaminatins f metals during the manufacturing prcess; the amunt f metals in the finished prducts crrespnded t the fractin f cca mass present. Table 10. Summary f the impact f different ML fr Cd in the statistical distributin f Cd in the liqur and cca pwder Latin American cuntries and ther surces, including the prprtin expected PTMI Cd intake fr the diet grup 7 and the prprtin f rejected samples prvided in the glbal market. REMARK: T be replaced by per kg BW

8 CX/CF 16/10/9-Add.1 8 Scenari N. samples Average Cntent f Cd (mg/kg) Cd intake (g/lg mnthly p.c.) PTMI (%) Pssible rejected samples (%) COCOA LIQUOR Withut ML ML: 3.0 mg/kg ML: 2.0 mg/kg ML: 1.0 mg/kg ML: 0.5 mg/kg ML: 0.3 mg/kg COCOA POWDER Withut ML ML: 4.0 mg/kg ML: 3.0 mg/kg FOODDRINKEUROPE The prpsed levels fr cca liqur and cca pwder are set at a level which may appear t be manageable as such. Hwever, we wuld like t bring the fllwing aspects int cnsideratin: It is f paramunt imprtance that limits d nt negatively impact internatinal trade. Any ptential Cdex maximum level shuld be established n the basis f JECFA s Cmmittee pinin. We supprt maximum levels which are wrkable fr the whle industry, including the ne wrking with fine flavur cca prducts. It may be wrth cnsidering t set maximum limits n a dry fat free cca slids basis rather than n ttal cca slids as this system seems t be mre relevant. Within the supply chain, suppliers culd argue that that their prducts cmply with the suggested Cdex levels shuld they receive requests fr lwer levels frm manufacturers - aimed at ensuring cmpliance with existing limits n finished prducts established in certain regins and/r cuntries. In a pssible scenari, cmpanies will prbably set their wn specificatins when buying cca beans t meet reginal and/r natinal requirements/limits n finished prducts. These suggested Cdex maximum levels shuld nt lead t a nn-harmnized trade envirnment. INTERNATIONAL COOPERATIVE ALLIANCE (ICA) We suggest setting maximum limits n a dry fat free cca slids basis rather than n ttal cca slids as a system based n nn-fat cca slids levels wuld be mre wrkable fr the industry. INTERNATIONAL COUNCIL OF GROCERY MANUFACTURERS ASSOCIATIONS (ICGMA) The Cdex Cmmittee n Cntaminants in Fd (CCCF) is prpsing t set maximum levels n cadmium in cca. The levels shuld reflect what is reasnably achievable; as nted in the December 2014 draft Cdex reprt prepared by Ecuadr, The estimatin f JECFA can be demnstrated as fllws: if prvisinal tlerable mnthly intake is 25mg/kg bw, i.e mg/kg, an adult f average weight (70kg) shuld cnsume abut 44 chclate bars f 20g t exceed the prvisinal tlerable mnthly intake f cca prducts. While safety is nt in questin, the apprpriate limit shuld be based n science that shws what is glbally reasnably achievable. ICGMA welcmes the pprtunity t prvide feedback n the Prpsed Draft Maximum Levels fr Cadmium in Cca and Cca-Derived Prducts dated February 2016.

9 CX/CF 16/10/9-Add ICGMA Data n Cadmium in Cca and Chclate Prducts In rder t assist with determining what levels f cadmium wuld be achievable in cca and chclate prducts, ICGMA cllected data n 243 samples f varius chclate prducts and cca pwders either submitted by member cmpanies r available cmmercially in the United States. The samples were blinded and tested by a third party labratry using AOAC methd md (ICP- MS). The results shw a general trend f increasing levels f Cd as the per cent caca in prducts increase (Figure 1) hwever, the standard deviatins are high as shwn in Table 1. Cca pwder had the highest levels f cadmium with a range f ppm with a 90 th percentile f 2.75 ppm and 95 th percentile f 2.80 ppm (shwn in Figure 2). There are 35 data pints, representing 35 different prducts. Fr 5 data pints, they represent the average f multiple samples f the prduct (ranging between 2-12 samples). There were 110 unique chclate samples f chclate with >50% cca slids tested. The samples in this categry had a range f ppm f cadmium with a 95 th percentile f 0.58ppm (shwn in Figure 3). Table 1.Avg Cd in Cca and Chclate Samples % Caca Avg Cd (ppm) SD (n= 20) (n= 34) (n= 26) (n= 46) (n =8) (n=39) pwder (n= 54) Figure 1. Avg Cd in Cca and Chclate Samples

10 CX/CF 16/10/9-Add.1 10 Errr bars represent Standard deviatin in cases where n>1. Lack f an errr bar indicates either n variatin r n=1 2. Established Prduct Categries and Cadmium Limits Shuld Crrespnd t Percent Nnfat Caca Slids Cca slids cntent ranges substantially in cmmercially available chclate and cca prducts. Standards f identity range glbally as well in terms f percent caca cntent in varius finished prducts. Milk chclate prducts prduced in sme regins may have as little as 2.5% caca slids, while dark chclate prducts with high percent caca slids prducts f 90% caca and higher are gaining ppularity in niche markets. As indicated in paragraph 34 f the Maximum Levels fr Cadmium in Cca and Cca-Derived Prducts, it is knwn that frm 1.0 kg f cca liqur, 0.6 kg f cca pwder and 0.4 kg f cca butter are btained. Taking int accunt that the entire cntent f Cd remains in the fat-free cca slids, cca pwder wuld have a cncentratin factr f This is cnsistent with CODEX STAN , the Standard fr Cca (Caca) Mass (Cca/Chclate Liqur) and Cca Cake, which indicated that cca liqur cnsist f 47-60% cca butter.

11 CX/CF 16/10/9-Add.1 11 Since cadmium crrespnds with the nnfat dry cca slids prtin in chclate prducts, frm a cmpliance standpint, it wuld be practical t stratify the prduct categries by percent caca. One way t accmplish this wuld be t allw fr cadmium cntent t vary n a sliding scale that wuld factr in cca slids. This apprach culd be captured in the General Standard fr Cntaminants and Txins in Fd and Feed thrugh a reference value and an explanatry nte. Fr example, if a reference value culd be prvided fr 100% cca slids with a nte clarifying In rder t cnsider the cncentratin f the prduct, the determinatin f the maximum levels fr cntaminants shall take int accunt the natural ttal nnfat slids. This apprach has als been prvided fr ther cntaminant levels in fds knwn t vary substantially by slids cntent. Fr example, the standards fr lead in preserved tmates and prcessed tmat cncentrates use a similarly wrded nte. Additinally, the standard fr lead in milk als acknwledged that a cncentratin factr applies. The knwn rati f 60% cca slids t 40% cca butter culd be used t calculate maximum levels in prducts by percent nnfat caca slids. Fr example if a 2.0ppm reference value was established fr 100% nnfat caca slids, this wuld serve as the limit fr 100% nnfat cca slids. Fr chclate prduct the 60/40 rati culd be used t estimate nnfat cca slids cntent. S, a 100% cca liqur prduct wuld be expected t nt exceed 1.2 ppm and a 50% caca chclate prduct n mre than 0.6 ppm. 3. Limits n Finished Prducts Are Mst Prtective and Practical Finished prducts represent the greatest vlume and mnetary value f cca and chclate traded cmmdities As per paragraph 15 f the prpsed draft maximum limits, finished chclate and cca prducts cntribute the highest percentage f the cca and chclate traded cmmdities by tnnage. Cca beans/nibs were the next highest categry, fllwed by semi finished prducts (e.g. cca liqur). This is als cnsistent with ther industry data, including the 2014 Eurmnitr histric market size data shwn in table 2 belw which shws that chclate cnfectinery is substantially greater than cca beans in glbally traded tnnage. Table 2: Tnnes Retail Vlume Cca Cmmdity Categry 000 Tnnes Prductin f Cca Beans 4, Chclate Cnfectinery 7, Levels f beans and semi-finished prducts culd intrduce discriminatry trade barriers Established natinal standards n cadmium in cca and chclate prducts are based n finished prducts. In additin t nt harmnizing with natinal standards, establishing limits n raw cca beans culd prhibit the surcing frm certain regins, which wuld create discriminatry trade barrier. Manufacturers have greater cntrl ver finished prduct levels Standard prcessing practices including cleaning, de-shelling, blending and testing beans allw manufacturers t cntrl cadmium cntent in finished prducts. Establishing limits n finished prducts prevents distributin in nrmal perating prcedures fr manufacturers. Limits n finished prducts are mst relevant t cnsumers Althugh JECFA determined there is n glbal safety cncern frm dietary cadmium expsure at this time and limits shuld be based n what is glbally achievable, prtecting cnsumers is the ultimate purpse f cntaminant standards. Raw cca beans and semifinished cca and chclate prducts are nt generally cmmercially available t cnsumers. These semi-finished ingredients are nt cnsumed in this frm, but as prcessed finished prducts. Placing limits n finished prducts assures the greatest level f prtectin fr cnsumers.