European Legislation in Relation to Food Safety in Production of Poultry Meat and Eggs

2007 Poultry Science Association, Inc. European Legislation in Relation to Food Safety in Production of Poultry Meat and Eggs R. W. A. W. Mulder* 1 and H. Hupkes *Spelderholt Poultry Consulting and Research, Epe, the Netherlands; and Meyn Food Processing Technology BV, Oostzaan, the Netherlands Primary Audience: Poultry Industry Leaders, Food Legislators SUMMARY With the General Food Law, the European Union has finalized a process of modification and restructuring of existing directives for all commodities, resulting in 1 General Food Law. This paper describes the background to European legislation in general and the specific objectives of the present General Food Law. Important sections in this law are the introduction of the farmto-fork principle, the implementation of risk analysis, the transparency of the process and the aspects of traceability (tracing and tracking). The General Food Law also forms the legal basis for establishing the European Food Safety Agency, presently based in Parma, Italy. At the end of the paper, there is a list of current relevant European Union directives. Key words: European Union, legislation, food safety, poultry 2007 J. Appl. Poult. Res. 16:92 98 DESCRIPTION OF THE PROBLEM Food safety has emerged as a top consumer concern, and as a consequence, it has become an issue of the highest priority. It is a worldwide concern; nevertheless, this paper will deal with this topic from a European perspective. Science has been an important factor in the changing of public opinion. Science has identified new hazards, particularly bacterial ones, and a series of well-published food safety crises in America, Australia, Europe, and Japan has heightened everyone s awareness. Some examples of problems in the food animal industry include the following: Bovine spongiform encephalopathy in the beef industry Classical swine fever in pigs Human deaths and lack of hygiene in cattle slaughterhouses in relation to Escherichia coli O157 H7 Salmonella Enteritidis contamination of eggs and egg products Human Salmonella and Campylobacter outbreaks attributed to meat and poultry (meat and eggs) Salmonella and Campylobacter infections in live animals, including poultry Dioxin contamination of poultry meat, eggs and egg products, pig meat, and related products Foot-and-mouth disease Avian influenza in several countries (Europe: Belgium, Germany, the Netherlands, and Italy; Asia; South America) 1 Corresponding author: mulder.roel@wxs.nl

MULDER AND HUPKES: POULTRY MEAT AND EGG QUALITY SYMPOSIUM 93 Crop-protection chemicals in feed for organic animal production and hormone derivatives in poultry and pig feed. The European Commission (http://europa. eu.int/comm/food/food/foodlaw/index_en. htm) states: In the global village, news travels fast and the more sensational, the faster it travels. Although science plays a major role in the (scientific) assessment of risk to the consumer from a product or process, which forms the basis of risk analysis, science and technology are no longer seen as the panacea to all ills. Scientists in the past were regarded as close to gods at whose altars other mere mortals would worship. But more and more consumers in Europe are not convinced by a purely scientific approach, or indeed of the authority of scientific opinion itself. This is not an irrational position, because experience has shown that one day s scientific truth turns out later to have been based on a partial understanding. Science has limits, and when those limits are ignored, there is a loss of credibility in the whole approach. Consumer demands are important, and the food animal production chain has to address them. This means that processors are forced to find new ways to pass the concerns back down the supply chain, where production has to be redefined accordingly. Governments have also reacted by replacing old inspection systems based on sight, touch, and smell with new Hazard Analysis Critical Control Points-based approaches and reorganizing regulatory structures to create single inspection agencies. The early initiatives by Codex Alimentarius concerning the concept of Hazard Analysis Critical Control Points have been accepted and based on that in the European Union (EU), and in other parts of the world, additional directives have been produced. It shows that food safety aspects covering the whole production chain are now a government, industry, and consumer priority. Safe products means products free of human pathogenic microorganisms and without residues of any substances (antibiotics, coccidiostats, or other feed additive products) used in primary production in the consumer-ready product. Although food hygiene implies more than just the microbiological safety of products, this contribution will focus on hygienic processing to reduce the presence of pathogenic bacteria in products of animal origin and, more specifically, in poultry meat products. In addition, at least in the mind of European consumers, the method of production has to fulfill the welfare requirements for an animal-friendly treatment of animals during the whole production cycle from farm to fork. BACKGROUND TO EUROPEAN LEGISLATION The introduction of the European legislation needs some background information on factors, which were important in drafting legislation for food safety and animal welfare. In this respect, there is no real difference in approach for the different species, whether it concerns poultry, pigs, or cattle. In the EU, the use of hormones in all primary production is forbidden, and a start has been made to ban all growth-promoters. There are increasing consumer concerns in relation to animal welfare-friendly production under environmentally acceptable conditions. European Union consumers could probably get cheaper food and less environmental burden in the case of importation, but they would have no control over how this food is produced. This issue has dominated a large part of the discussion on new food safety directives. The main goals in EU animal production, and therefore underpinning legislative processes, can be summarized as follows: 1. Safety (consumer health): find new methods to reduce the use of antibiotics and medicines, improve disease resistance, zoonoses control, and traceability of animals and products. 2. Safety (product safety): stimulate and control hygienic processing and traceability of products and materials intended to come into contact with food. 3. Animal welfare: keep animals according to rules and systems. 4. Product quality: improve quality and composition, quality and chain control systems, and traceability of animals and products. 5. Environment: reduce environmental contamination, N and P. There is a critical look at the use of byproducts of hu-

94 JAPR: Symposium man food production. The reuse of byproducts (feathers) for nonfood applications should be encouraged. 6. Rural effect, economic effects, and biodiversity. At forehand, it is good to realize that all producers have to meet the criteria and processes mentioned in the EU directives. There is no different treatment of producers in the EU than for those who would like to bring their products to the EU. The main regulations regarding food hygiene in the EU in relation to poultry meat production are Directive 92/117 and Directive 71/118. Titles of relevant EU directives and regulations are summarized at the end of this paper. Directive 92/117 describes the control of infection with Salmonella Enteritidis and Salmonella Typhimurium, especially in breeder flocks. The main aim of this directive is to produce S. Enteritidis- and S. Typhimurium-free products at the breeder level and in this way control the input in further phases of poultry production. Sampling times, number of samples, what to do with positive flocks, logistic hatching, and logistic slaughtering are consequences of the implementation of this directive. Within the EU, breeding flocks that prove to be infected with S. Enteritidis or S. Typhimurium are required to be slaughtered. As mentioned before, the aim of this directive is the reduction of the input with Salmonella-contaminated products. Of course, there are many factors playing a role in the spread of these bacteria, and therefore, additional articles are currently added to the directive. Sampling and testing of feed, of live birds, and consumer ready products is currently done. At present, a review of this directive is prepared and discussed in the EU member states. The main differences with existing legislation are as follows: 1. Salmonella, Campylobacter, Escherichia coli, Listeria, and their diseases are now in the same category of diseases, where action should take place. 2. The new directive also focuses on products and tests of live broilers that should be done after 25 d of age. 3. Monitoring of antimicrobial resistance of all Salmonella serotypes and Campylobacter jejuni and Campylobacter coli is included 4. Mandatory testing for all Salmonella serotypes for breeders, broilers, and turkeys; S. Enteritidis and S. Typhimurium for layers; and C. jejuni and C. coli for broilers. The EU member countries have drafted a national plan to control Salmonella. The European poultry industry has urged the European Commission to apply this legislation to all imports in the EU. With these drastic changes of the current directive, the EU expects to be able to reduce the pathogen contamination in poultry products (and in other products from the food animal production chain) to very low, acceptable levels. Directive 71/118/EEC (updated with Directive 92/116/EEC) controls over the European vision on hygienic slaughtering of poultry and sets the infrastructural goals for the poultry processing industry. It sets descriptive goals for management, building infrastructure, equipment and utensils, inspection systems, refrigeration and storage, product temperature, and product certification. It implicitly prohibits product decontamination (for which, recently, a new regulation has been accepted; only water of drinking water quality is allowed to be used as process water) and stimulates air (spray) chilling (when immersion chilling is used, many specific demands have to be met). It sets goals for the knowledge and experience of the veterinary inspectors, and it defines specifically what product deficits cause the product to be declared unfit for human consumption. Directive 98/37/EC (updating 89/392/EC) sets general conditions for machine manufacturers to place only equipment and systems on the market that can be operated in a safe (general) and hygienic (machines for the food, pharmaceutical, and cosmetic industry) way. The new regulation, 178/2002/EC, in force since 2002, will not permit countries not to fulfill the requirements as described. GENERAL FOOD LAW In the year 2000, the EU announced a drastic change in legislation concerning food. With the publication of the EU White paper on food safety, clear goals were set to introduce consis-

MULDER AND HUPKES: POULTRY MEAT AND EGG QUALITY SYMPOSIUM 95 tency and clarity throughout the whole production chain. The following principles, in accordance with existing basic rules of hygiene, apply to the new regulations: 1. Introduction of the farm-to-table principle in hygiene 2. The primary responsibility for the safety of food is with the food producers 3. The traceability of all feed, food, and food ingredients. A new legal framework for food safety, as well as a new legal framework for animal feed, will improve animal health and welfare, and product quality will be assured by better hygienic production conditions and less chances that products with contaminants or residues will come to the market. The EU White paper on food safety also announced the formation of the European Food Authority, later founded as the European Food Safety Authority (EFSA) and based in Parma, Italy. The main mission of the EFSA is to issue independent scientific opinions on all questions that have direct and indirect effects on consumer safety and health resulting from consumption of food. The EFSA gets involved in crisis situations, at the request of the European Commission, providing technical and scientific assistance. It also has the task of collecting, collating, analyzing, and synthesizing the technical data required for the scientific studies. Given the fact that European consumers nowadays have almost lost confidence in scientific opinions, an enormous effort has to be made by this authority to communicate on important issues. At present, 16 product-specific directives exist, for instance Directive 71/118 on poultry meat and Directive 91/495 on rabbit meat and farmed game meat. It is the intention to have 1 hygiene regulation of foodstuffs replacing the 16 directives at present. This proposal was announced in the EU White paper on food safety and will introduce consistency and clarity throughout the whole food production chain. On 21 February 2002 Regulation EC/178/ 2002 (General Food Law) came into force. It is the intention that by January 1, 2007, the law will be in force. The following description of the General Food Law is the text as published by the European Commission (http://europa.eu.int/comm/ food/food/foodlaw/index_en.htm). General Objectives The food law aims at ensuring a high level of protection of human life and health, taking into account the protection of animal health and welfare, plant health and the environment. This integrated farm to fork approach is now considered a general principle for EU food safety policy. Food law, both at national and EU level, establishes the rights of consumers to safe food and to accurate and honest information. The EU food law aims to harmonize existing national requirements to ensure the free movement of food and feed in the EU. The food law recognizes the commitment of the EU to its international obligations and will be developed and adapted taking international standards into consideration, except where this might undermine the high level of consumer protection pursued by the EU. Risk Analysis The Regulation establishes the principles of risk analysis in relation to food and establishes the structures and mechanisms for the scientific and technical evaluations, which are undertaken by the EFSA. Depending on the nature of the measure, food law, and in particular, measures relating to food safety, must be underpinned by strong science. The EU has been at the forefront of the development of the risk analysis principles and their subsequent international acceptance. Regulation EC 178/2002 establishes in EU law that the 3 inter-related components of risk analysis (risk assessment, risk management and risk communication) provide the basis for food law as appropriate to the measure under consideration. Clearly not all food law has a scientific basis, e.g., food law relating to consumer information or the prevention of misleading practices does not need a scientific foundation. Scientific assessment of risk must be undertaken in an independent, objective and transparent manner based on the best available science. Risk management is the process of weighing policy alternatives in the light of results of a risk assessment and, if required, selecting the appropriate actions necessary to prevent, reduce

96 or eliminate the risk to ensure the high level of health protection determined as appropriate in the EU. In the risk management phase, the decision makers need to consider a range of information in addition to the scientific risk assessment. These include, for example, the feasibility of controlling a risk, the most effective risk reduction actions depending on the part of the food supply chain where the problem occurs, the practical arrangements needed, the socio-economic effects and the environmental effect. Regulation EC/178/2002 establishes the principle that risk management actions are not just based on a scientific assessment of risk but also consider a wide range of other factors legitimate to the matter under question. As additional risk management, Regulation EC/178/2002 also introduces the precautionary principle, indicating that as long as risk analysis is not sufficiently supported by scientific evidence, preventive action can be ordered as a precautionary action until scientific evidence will become available. Transparency Food safety and the protection of consumer interests are of increasing concern to the general public, non-governmental organizations, professional associations, international trading partners and trade organizations. Therefore, the Regulation establishes a framework for the greater involvement of stakeholders at all stages in the development of food law and establishes the mechanisms necessary to increase consumer confidence in food. This consumer confidence is an essential outcome of a successful food policy and is therefore a primary goal of EU action related to food. Transparency of legislation and effective public consultation are essential elements of building this greater confidence. Better communication about food safety and the evaluation and explanation of potential risks, including full transparency of scientific opinions, are of key importance. Traceability Foodstuffs, animal feed, food-producing animals, and all other materials meant to be consumed by humans or animals have to be JAPR: Symposium traceable through all phases of production, processing, and distribution. This obligation is part of the installed rapid alert system, a system for crisis management and emergency situations, and should help to minimize risk to consumers. Materials in Contact with Food The action plan belonging to the White paper on food safety contained a separate paragraph about the effect of materials in contact with food. A new regulation was introduced describing new goals and new systems to meet present-day needs. In the preamble of the draft regulation [COM (2003) 689 final], it was beautifully stated that the General Food Law in its traceability obligations had overlooked the effect of the material (intended to come) in contact with food. For this reason, this omission should be corrected in a new regulation on food contact materials. On November 17, 2004, Regulation (EC) 1935/2004 on materials and articles intended to come into contact with food came into force. It sets a structure and a goal to define and guarantee that no negative effects of materials in contact with food will endanger food safety and human health. In Annex 1, a list of groups of materials and articles is presented that may be covered by specific measures. The list contains 17 groups such as metals and alloys, plastics, adhesives, and wood. In Article 5, about 14 possible specific measures are indicated, such as a positive list of materials fit to come into contact with food or a list of substances authorized for use in the manufacturing of materials and articles. In general, it delegates the decisions on this fitness to the EFSA. It further enlarges in Article 2 the definition of obliged traceability out of Regulation 178/2002 to all materials or articles intended to come into contact with food. And, accordingly, it repeats the obligation to the traceability of these materials and articles in Article 17 (applicable as from October 27, 2006). The effect of this new regulation is comparable with that of the General Food Law. It is expected that in this area a whole new set of regulations will replace existing directives.

MULDER AND HUPKES: POULTRY MEAT AND EGG QUALITY SYMPOSIUM 97 But it does not make life easier for the users, such as food manufacturers or machine manufacturers. It still does not make a distinction in actual contact time between the material and the food. In practice, it is recognized that most information is available based on migration information. Migration information is mainly sensible for materials used as packaging of stor- ing material. It is not possible to find any formal information in the legal system providing positive statements of the use of these materials as construction materials for machines processing the food. With the formal need to have food contact material mentioned on positive lists it will take years, if not decades, before the started change has been finalized, if at all. CONCLUSIONS AND APPLICATIONS 1. The EU legislation in relation to food safety in poultry meat and egg production is regulated by the general Food Law of 2003. Starting after the EU White paper on food safety published in 2000, EU food safety regulations were under review. The background for EU legislative processes, which is described in this paper, should always be kept in mind, because this is the basis for all present and future directives. 2. Many directives currently apply for food safety in poultry meat and egg production. They vary from a zoonoses directive, covering aspects of foodborne diseases related to Salmonella and Campylobacter bacteria, to machine directives covering all aspects of food safety in relation to food products coming into contact with materials used for equipment. 3. Future developments are expected concerning regulations that will allow the use of chemical decontaminants at the end of the processing line. LIST OF RELEVANT EU DIRECTIVES 71/118/EEC (Official Journal L 55, 03/08/1971, pp. 23 39). Council Directive 71/118/EEC of February 15, 1971, on health problems affecting the trade in fresh poultry meat. 89/662/EEC (Official Journal L 395, 12/30/1989, pp.13 22). Council Directive 89/662/EEC of December 11, 1989, concerning veterinary checks in intracommunity trade with a view to the completion of the internal market. 89/392/EEC (Official Journal L 183, 06/29/1989, pp. 9 32). Council directive of June 14, 1989, on the approximation of the laws of the member states relating to machinery. 1906/90/EEC (Official Journal L 173, 06/07/1990, pp. 1 4). Council Regulation (EEC) No. 1906/90 of June 26, 1990, on certain marketing standards for poultry. 1538/91/EEC (Official Journal L 143, 06/07/1991, pp. 11 22). Commission Regulation (EEC) No 1538/91 of June 5, 1991, introducing detailed rules for implementing Regulation (EEC) No. 1906/90 on certain marketing standards for poultry. 91/494/EEC (Official Journal L 268, 09/24/1991, pp. 35 40). Council Directive 91/494/EEC of June 26, 1991, on animal health conditions governing intracommunity trade in and imports from third countries of fresh poultry meat. 91/495/EEC (Official Journal L268, 09/24/1991, pp. 41 55). Council directive of November 27, 1990, concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat. 91/628/ECC (Official Journal L 340, 11/12/1991, pp.17 27). Council Directive 91/628/ECC of November 19, 1991, on the protection of animals during transport. 92/40/EEC (Official Journal L 167, 06/22/1992, pp 1 20). Council Directive 92/40/EEC of May 19, 1992, introducing community measures for the control of avian influenza. 92/66/ECC (Official Journal L 260, 09/05/1992, pp. 1 20). Council Directive 92/66/EC of July 14, 1992, introducing community measures for the control of Newcastle disease. 92/116/EEC (Official Journal L 62, 03/15/1993, pp. 1 37). Council Directive 92/116/EEC of December 17, 1992, amending and updating Directive 71/118/EEC on health problems affecting trade in fresh poultry meat. 92/117/EEC (Official Journal L 62, 03/15/1993, pp. 38 48). Council Directive 92/117/EEC of December 17, 1992, concerning measures for protection against specified zoonoses and specified zoonotic agents in animals and products of animal origin to prevent outbreaks of foodborne disease infections and intoxications (see also SANCO/2929/99). 93/43/EEC (Official Journal L 175, 07/19/1993, pp. 1 11). Council Directive 93/43/EEC of June 14, 1993, on the hygiene of foodstuffs. 93/119/EC (Official Journal L 340, 12/31/1993, pp. 21 34). Council Directive 93/119/EC of December 22, 1993, on the protection of animals at the time of slaughter or killing. 94/984/EC (Official Journal L 378, 12/31/1994, pp. 11 16). Commission decision of December 20, 1994, laying down animal health conditions and veterinary certificates for the importation of fresh poultry meat from certain third countries. 95/411/EC (Official Journal L 243, 10/11/1995, pp. 29 32). Council decision of June 22, 1995, laying down the rules for the microbiological testing for Salmonella by sampling of fresh poultry meat intended for Finland and Sweden. 96/712/EC (Official Journal L 326, 12/17/1996, pp. 67 69). Commission decision of November 28, 1996, laying down the models of the public health declaration and health marks for the importation of fresh poultry meat from third countries.

98 JAPR: Symposium 98/37/EC (Official Journal L 207, 07/23/1998, pp. 1 46). Directive of the European Parliament and of the council of June 22, 1998, on the approximation of the laws of the member states relating to machinery (machine directive, includes section on hygienic processing). 1999/74/EU (Official Journal L 203, 08/03/1999, pp. 53 57). Council directive of July 19, 1999, on minimum standards for the protection of laying hens. 178/2002/EC (Official Journal L 31, 02/01/2002, pp. 1 24). Regulation of the European Parliament and of the council of January 28, 2002, laying down the general principles and requirements of food law, establishing the EFSA and laying down procedures in matters on food safety (General Food Law). 1935/2004/EC (Official Journal L 338, 11/13/2004, pp. 4 17). Regulation of the European Parliament and of the council of October 27, 2004, on materials and articles intended to come into contact with food and repealing Directive 80/590/EC and Directive 89/109/EC. 89/109/EC (Official Journal L 140, 02/11/1989, pp. 38 44). Council directive of December 21, 1988, relating to approximation of the laws of the member states relating to materials and articles intended to come into contact with food. 80/590/EC (Official Journal L 151, 06/19/1980, pp. 21 22). Commission directive of June 9, 1980, relating to determining the symbol that may accompany articles intended to come into contact with food. 84/500/EC (Official Journal L 277, 10/20/1984, pp. 12 16). Council directive of October 15, 1984, relating to approximation of the laws of the member states relating to ceramic articles intended to come into contact with food. 2002/72/EC (Official Journal L 220, 08/15/2002, pp. 18 58). Commission directive of August 6, 2002, on plastic materials and articles intended to come into contact with food; completely replaced by correction of Directive 2002/72/EC (Official Journal L 39, 02/ 13/2003, pp. 1 42). 82/711/EC (Official Journal L 297, 10/23/1982, pp. 26 30). Council directive of October 18, 1982, laying down the basic rules necessary for testing the migration of the components of plastic materials and articles intended to come into contact with food. 85/572 EC (Official Journal L 372, 12/31/1985, pp. 14 21). Council directive of December 19, 1985, laying down the list of stimulants to be used to check the migration of constituents of plastic materials and articles intended to come into contact with food. 93/8/EC (Official Journal L 190, 04/14/1993, pp. 22 25). Commission directive of March 15, 1993, amending Council Directive 82/711/EC. 97/48/EC (Official Journal L 222, 08/12/1997, pp. 10 15). Commission directive of July 29, 1997, amending Council Directive 82/ 711/EC. 78/142/EC (Official Journal L 44, 02/15/1978, pp. 15 17). Council directive of January 30, 1978, on the approximation of the laws of the member states relating to materials and articles containing vinyl chloride monomer and intended to come into contact with food. 80/766/EC (Official Journal L 213, 08/16/1980, pp. 42 46). Commission directive of July 8, 1980, laying down the community method of analysis for the official control of the vinyl chloride monomer level in materials and articles intended to come into contact with food. 81/432/EC (Official Journal L 167, 06/24/1981, pp. 6 11). Commission directive of April 29, 1981, laying down the community method of analysis for the official control of vinyl chloride released by materials and articles into foodstuffs. A superregulation is being drafted to replace all the directives on plastics, which include 2002/ 71/EC, 2004/1/EC, 2004/19/EC, 82/711/EC, 93/8/EC, 97/48/EC, 78/ 148/EC, 80/766/EC, and 81/423/EC. 2002/16/EC (Official Journal L 51, 02/22/2002, pp. 27 31). Commission directive of February 20, 2002, on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs. 2004/13/EC (Official Journal L 27, 01/30/2002, pp. 46 47). Commission directive of January 29, 2004, amending Directive 2002/16. 93/10/EC (Official Journal L 93, 04/17/1993, pp. 27 36). Commission directive of March 15, 1993, relating to materials and articles made from regenerated cellulose film intended to come into contact with foodstuffs.