The new European food safety laws and you
August 1st 2005

Antoine Rocourt, operational marketing leader EMA for JohnsonDiversey examines the new law

Over the years, food safety legislation in the EU has become a patchwork of rules. Spurred by food safety crisis in the ‘90s such as the BSE crisis and the dioxin contamination of animal feed, it was decided to develop a simpler and more comprehensive approach.

The result is a new piece of ‘umbrella’ legislation known as the General Food Law, which came into force 1st January 2005. In addition, from 1st January 2006, seventeen existing EC hygiene directives will be replaced by a ‘five pack’ of regulations. All of the approximately 600 000 UK food business establishments (catering, retail, food service, processing and distribution) and all those in the rest of the European Union, as well as third parties exporting to EU member states, need to be compliant with these new regulations.

So what’s in the new laws of greatest concern to food handlers? It starts with a key principle of the new European Food Law: all food and feed business operators (producers, processors or importers) have primary legal responsibility to ensure that the food, feed or ingredients they supply are safe. In practical terms, this means legislation lays down minimum hygiene requirements; ‘experienced authorities’ will check food business operators’ compliance; and food business operators themselves should establish and operate proper food safety programmes and procedures based on Hazard Analysis Critical Control Points (HACCP) principles. The new law places responsibility for food safety squarely with the business.

The new law also introduces the concept of ‘traceability’. All food and feed businesses must have effective systems and records to ensure that all foodstuffs, animal feed and ingredients can be traced throughout the food chain (‘from farm to fork’). Known as the ‘one-step-backward, one-step-forward’ approach, each business must be able to tell who all their suppliers are and who they supply to themselves (with the exception of consumers). They should have withdrawal/recall procedures for unsafe food, and must notify authorities immediately in the event of a food and/or feed safety scare.

Finally, the new law takes a broader view of food safety. In addition to potential risks from contamination, it covers cumulative long-term health effects and allergies. Products will be checked closely for compliance with rules on what foodstuffs may and may not contain, and with labeling and consumer information requirements. The European Food Safety Authority (EFSA) has been set up to play a central role in evaluating the risks posed by new foodstuffs and new production methods, and in defining (science based) standards and criteria for safe food and feed.

Meeting food and feed standards will achieve nothing if food or feed is produced or handled in unhygienic conditions. A failure to maintain high levels of hygiene anywhere in the food chain can result in requirements under new food safety laws not being met, and more importantly, can lead to immediate risks for consumers.

According to the European Commission brochure, “From Farm to Fork. Safe Food and Europe’s Consumers”, low standards of food hygiene invite the spread of salmonella and listeria, which cause food poisoning. Salmonella gets far less publicity than mad cow disease or chicken fever, but is in fact more of a threat.

Found in a whole range of food products, such as raw eggs, poultry, pork and beef, it kills several hundred people each year and infects tens of thousands more.

Cross contamination of harmful bacteria can develop as a result of inappropriate cleaning of food or feed processing or preparation areas. Or from using the same chopping board or knife for raw and ready-to-eat food without cleaning or disinfecting in between. Or importantly: a failure to adequately wash hands after touching raw food or visiting the bathroom.

So what are the practical implications? The new European Food Safety Laws will affect all businesses that deal with food or feed, from large food processors to small sandwich shops.

The new laws are a sensible move towards a modern risk-based approach to food hygiene that seeks to achieve increased levels of food safety for consumers in a flexible way that is proportionate to the business itself.

As part of the overhaul of food safety rules, seventeen existing EC hygiene directives will be replaced by five regulations, dealing with some of these threats and general hygiene rules for all food and feed.

One of these regulations is the ‘Hygiene of Foodstuffs’ regulation (EC No 852/2004). It states that the principles of HACCP will apply to all food business operators beyond primary production. These businesses must identify each point in the production process critical to food safety. Once that is completed, they must put in place, maintain and constantly review their safety procedures. Microbiological criteria defined by EFSA should be used in validation and verification of these procedures and hygiene control measures. Together these regulations lay down further specific rules on the hygiene production and handling of foodstuffs and food of animal origin.

Most large food businesses already have risk-based safety procedures in place. The challenge will be with small businesses, particularly catering and retailing, where the current compliance level in the UK is no more than 30%. Some exemptions are allowed for smaller producers or those in remote areas serving local markets (although with particular sales restrictions). The new EU regulation encourages development of National/Industry Sector Guides to support implementation of good hygiene practices (GHP’s) and application of HACCP principles.

Successful implementation will require the full cooperation and commitment of all food business employees. For this reason, the new regulations specify that all employees should undergo training in food hygiene matters, as well as specific HACCP training for those responsible for the development and maintenance of the HACCP plans.

With the introduction of these new laws it is reasonable to assume food safety awareness, and inspection and control, will increase. Food processing operators, distributors, kitchen staff and contract cleaners working within food handling areas will face increased pressure to prove that they have taken all necessary precautions to ensure hygienic conditions.

Yet, food safety is more than just meeting the law; failure to practice high levels of hygiene may negatively impact upon the value of a business’s brand and its relationship with customers and employees.

JohnsonDiversey can provide total food safety solutions ranging from food safety training, to auditing, HACCP implementation and consulting. Programs like ‘HotSpots’ and ‘Professional Cleaning and You’ link good hygiene practices to the new European Food Safety Laws, assessing hygiene risks, directing cleaning and hygiene efforts where they matter most, and providing advice, training and monitoring support.

JohnsonDiversey will be holding a series of seminars throughout Europe to bring businesses up to date with the new Food Safety requirements. The seminars will provide practical advice and information to ensure businesses are operating in such a way to maximise food safety and compliance with the new European Food Safety Laws.

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