16 Legislation K. Goodburn. Chilled Food Association 16.1 Introduction This chapter focuses on the key elements of international and national regulatory controls and associated guidance on the manufacture, storage and distribution of chilled foods. European countries in membership of EU are covered only insofar as where national legislation or guidance exists in addition to general EU rules Since chilled foods are a relatively recent development and the sector is highly dynamic and innovative, comprising an ever-increasing and vast heterogeneous range of products, there is a wide range of legislation that impacts on the sector but little is directly focused on it. It is very important, at any given time, to check with the appropriate official body in the particular country of interest what the precise regulatory position is 16.2 Food law is reactive All food law aims fundamentally to protect consumers' interests(health and fraud protection)and, to a degree, facilitate fair trade. Food laws are not static developing to maintain an adequate level of consumer protection as new knowledge reveals new hazards. For example, analytical developments in the late 19th century revealed the significant extent to which food at that time was being adulterated, resulting in the foundation of modern food law. Later. when the link between food poisoning and bacterial contamination was established, regulated hygiene requirements were introduced To reflect new knowledge, technical innovation and changes in the pattern of the distribution, legislation must be kept continually under review. In many
16.1 Introduction This chapter focuses on the key elements of international and national regulatory controls and associated guidance on the manufacture, storage and distribution of chilled foods. European countries in membership of EU are covered only insofar as where national legislation or guidance exists in addition to general EU rules. Since chilled foods are a relatively recent development and the sector is highly dynamic and innovative, comprising an ever-increasing and vast heterogeneous range of products, there is a wide range of legislation that impacts on the sector but little is directly focused on it. It is very important, at any given time, to check with the appropriate official body in the particular country of interest what the precise regulatory position is. 16.2 Food law is reactive All food law aims fundamentally to protect consumers’ interests (health and fraud protection) and, to a degree, facilitate fair trade. Food laws are not static, developing to maintain an adequate level of consumer protection as new knowledge reveals new hazards. For example, analytical developments in the late 19th century revealed the significant extent to which food at that time was being adulterated, resulting in the foundation of modern food law. Later, when the link between food poisoning and bacterial contamination was established, regulated hygiene requirements were introduced. To reflect new knowledge, technical innovation and changes in the pattern of the distribution, legislation must be kept continually under review. In many 16 Legislation K. Goodburn, Chilled Food Association
452 Chilled foods cases, changing consumer attitudes and social behaviour provide the innovatory and marketing driving forces. Current consumer preference for convenience and fresher, more 'natural and less processed foods, and the use of fewer or even o additives, is based on a number of developments and is satisfied to a great extent by the chilled prepared food sector. However, the general absence of chemical preservatives and use of minimal preservation techniques designed to preserve safety without sacrificing quality, has brought new challenges in distribution systems(demanding handling procedures, strict temperature control and shelf-life limitation)and consumer advice and behaviour. In particular, new knowledge of new food poisoning risks, e.g. listeriosis, or the re-introduction of old risks, e.g. botulism, through a new route, has invited legislative attention, primarily promoting HACCP-based systems, and quasi-legislative activity. The latter is particularly evident through industry codes of practice and guidelines, which are usually voluntary, and can be often industry-enforced standards. Such standards are generally the preferred route in the chilled food sector owing to its diversity and rate of innovation. Trading structures such as retailer own label can facilitate uptake of such standards through their endorsement by retailer customers 16.3 Food laws and international trade National food laws, al though designed to facilitate fair trading within countries may create barriers to international trade. Some degree of international agreement on food standards is desirable to provide a reasonably uniform level of protection in terms of public health and food standards, and also to minimise if not remove completely, technical barriers to trade across frontiers The FAO/Who Codex alimentarius commission was established in 1962 charged with pursuing these objectives. Codex is jointly funded by the Food and Agriculture Organization(FAO)and the World Health Organisation(WHO) The Commission is an intergovernmental body with 166 governments, as at June 1999, taking part in its work. At European level, the European Economic Community was set up in 1957 under the Treaty of Rome, having as one of its prime objectives the free movement of goods. Now called the European Union (EU) since the Maastricht Treaty of 1992, it consists of 15 European Member States, with other central and eastern European countries such as Estonia, Hungary, Poland, the Czech Republic, Slovenia and Cyprus seeking member- ship. Consumer protection and the movement of food between Member States are two of the EUs key priorities regarding food International trade in chilled foods is limited by the relatively short shelf-life of these products, and by differing national recipe and presentation preferences However, in Continental Europe there is trade in chilled foods, particularly between neighbouring Member States where there can be the greatest cultural ommonality. There is a small amount of trade between the Uk and the Continent in short shelf-life own label chilled foods destined for UK retailer
cases, changing consumer attitudes and social behaviour provide the innovatory and marketing driving forces. Current consumer preference for convenience and ‘fresher’, more ‘natural’ and less processed foods, and the use of fewer or even no additives, is based on a number of developments and is satisfied to a great extent by the chilled prepared food sector. However, the general absence of chemical preservatives and use of minimal preservation techniques designed to preserve safety without sacrificing quality, has brought new challenges in distribution systems (demanding handling procedures, strict temperature control, and shelf-life limitation) and consumer advice and behaviour. In particular, new knowledge of new food poisoning risks, e.g. listeriosis, or the re-introduction of old risks, e.g. botulism, through a new route, has invited legislative attention, primarily promoting HACCP-based systems, and quasi-legislative activity. The latter is particularly evident through industry codes of practice and guidelines, which are usually voluntary, and can be often industry-enforced standards. Such standards are generally the preferred route in the chilled food sector owing to its diversity and rate of innovation. Trading structures such as retailer own label can facilitate uptake of such standards through their endorsement by retailer customers. 16.3 Food laws and international trade National food laws, although designed to facilitate fair trading within countries, may create barriers to international trade. Some degree of international agreement on food standards is desirable to provide a reasonably uniform level of protection in terms of public health and food standards, and also to minimise, if not remove completely, technical barriers to trade across frontiers. The FAO/WHO Codex Alimentarius Commission was established in 1962 charged with pursuing these objectives. Codex is jointly funded by the Food and Agriculture Organization (FAO) and the World Health Organisation (WHO). The Commission is an intergovernmental body with 166 governments, as at June 1999, taking part in its work. At European level, the European Economic Community was set up in 1957 under the Treaty of Rome, having as one of its prime objectives the free movement of goods. Now called the European Union (EU) since the Maastricht Treaty of 1992, it consists of 15 European Member States, with other central and eastern European countries such as Estonia, Hungary, Poland, the Czech Republic, Slovenia and Cyprus seeking membership. Consumer protection and the movement of food between Member States are two of the EU’s key priorities regarding food. International trade in chilled foods is limited by the relatively short shelf-life of these products, and by differing national recipe and presentation preferences. However, in Continental Europe there is trade in chilled foods, particularly between neighbouring Member States where there can be the greatest cultural commonality. There is a small amount of trade between the UK and the Continent in short shelf-life own label chilled foods destined for UK retailers’ 452 Chilled foods
gislation 453 stores in other Member States. However, there is greatest intercommunity trade in the EU ininternational products such as fresh pasta(i.e. required to be kept chilled to maintain shelf-life)which have a relatively long shelf-life, compared with other chilled foods 16.4 Chilled foods are Before looking at the regulatory framework applicable to chilled foods the definition of these products must be addressed. The definition adopted is that used by the UK Chilled Food Association, which focuses on retail foods(CFA 1997): Chilled foods are prepared foods, that for reasons of safety and/or quality are designed to be stored at refrigeration temperatures(at or below 8C but not frozen) throughout their entire life. This definition excludes non- prepared foodstuffs such as raw meat, poultry and fish portions sold alone ar which require cooking prior to consumption. Similarly, commodity dairy products such as milk, butter and cheese are excluded from the definition, as they are not considered to be prepared Chilled prepared foods are manufactured using a wide variety of raw materials are either used in their raw state or they are subjected to various treatments,e.g. blanching, freezing, and cooking (i.e. equivalent to a time- temperature combination of 70oC for two minutes). Cross-contamination during manufacturing is avoided by the use of Good Hygienic Practice, as set out in the CFA Guidelines (1997) and European Chilled Food Federation Guidelines CFF1996) t' chilled prepared foods can be manufactured from a variety of raw materials terms of level of processing (Table 16. 1)and can be designed to be ready to eat, to be reheated(minimal heat application before serving, for organoleptic purposes)or to be cooked(thorough and prolonged heating before serving) Even though chilling extends shelf-lives without prejudi uality, it must be recognised that it is a relative extension in shelf-life. Cooked chilled foods are often erroneously referred to as cook-chill. These foods have been defined as a catering system based on the full cooking of food followed by ast chilling and storage in controlled temperature conditions(0C-3C) and subsequent thorough reheating before consumption. A maximum shelf-life of Table 16.1 Ingredients Further Processing Raw None or reheated Raw + cooked None or reheated Raw and/or cooked Cooked, then packed Raw and/or cooked Cooked in package
stores in other Member States. However, there is greatest intercommunity trade in the EU in ‘international’ products such as fresh pasta (i.e. required to be kept chilled to maintain shelf-life) which have a relatively long shelf-life, compared with other chilled foods. 16.4 Chilled foods are. . . Before looking at the regulatory framework applicable to chilled foods the definition of these products must be addressed. The definition adopted is that used by the UK Chilled Food Association, which focuses on retail foods (CFA 1997): ‘Chilled foods are prepared foods, that for reasons of safety and/or quality are designed to be stored at refrigeration temperatures (at or below 8ºC, but not frozen) throughout their entire life.’ This definition excludes nonprepared foodstuffs such as raw meat, poultry and fish portions sold alone and which require cooking prior to consumption. Similarly, commodity dairy products such as milk, butter and cheese are excluded from the definition, as they are not considered to be ’prepared’. Chilled prepared foods are manufactured using a wide variety of raw materials, including vegetables, fruits and ingredients of animal origin. These materials are either used in their raw state or they are subjected to various treatments, e.g. blanching, freezing, and cooking (i.e. equivalent to a timetemperature combination of 70ºC for two minutes). Cross-contamination during manufacturing is avoided by the use of Good Hygienic Practice, as set out in the CFA Guidelines (1997) and European Chilled Food Federation Guidelines (ECFF 1996). Chilled prepared foods can be manufactured from a variety of raw materials in terms of level of processing (Table 16.1) and can be designed to be ready to eat, to be reheated (minimal heat application before serving, for organoleptic purposes) or to be cooked (thorough and prolonged heating before serving). Even though chilling extends shelf-lives without prejudicing safety or quality, it must be recognised that it is a relative extension in shelf-life. Cooked chilled foods are often erroneously referred to as ‘cook-chill’. These foods have been defined as a catering system based on the full cooking of food followed by fast chilling and storage in controlled temperature conditions (0ºC–3ºC) and subsequent thorough reheating before consumption. A maximum shelf-life of Table 16.1 Ingredients Further Processing Raw None or reheated Raw + cooked None or reheated Raw and/or cooked Cooked, then packed Raw and/or cooked Cooked in package Legislation 453
454 Chilled foods five days, inclusive of the day of cooking, is recommended since these products are not packed prior to distribution 16.5 Approaches to legislation Many aspects of chilled foods are common to all foods, which is reflected in the range of legal instruments applying to them: food composition, additive usages residues, contaminants, labelling, packaging, and so on Where chilled foods differ from foods generally is in their greater vulnerability to microbiological contamination. There is relatively little legislation that is specifically directed at chilled foods owing to the great range of product types encompassed by this term. However, legislation in relation tovertical' segments(such as meat-, poultry- and fish-based products) that are part of the chilled food and other sectors is, at the time of writing, being consolidated into a European Regulation on the hygiene of foodstuffs based on HACCP. This proposed Regulation will replace vertical rules and draw in elements from the General Food Hygiene Directive 93/43/EEC (EC 1993) which relates to all food production including those foods not containing protein ngredients falling under vertical legislation However, there remains little in the way of clear legislated intermational or European standards for the manufacture of certain categories of chilled products such as those based on produce, or those using a range of raw materials, e.g pizzas. It is for this reason that industry hygiene standards were first established in Europe in 1989 when the industry associations in the UK and France(CFA and SYNAFAP (Syndicat National des Fabricants de Plats Prepares Frais, the French ready meal manufacturers association), respectively established the first ditions of national guidelines and in 1996 as part of the ECFF produced European industry guidelines In the UK, the context of food safety legislation was changed when the Food Safety Act(FSA) was brought into effect in 1990(HMso 1990) to enable a wide range of legislation. The FSA introduced the concept of the ' due diligence defence which enabled operators, if taken to court, to offer in their defence measures they had taken which were designed to avoid an issue arising. Coupled with the implementation of the General Food Hygiene Directive through the Food Safety( General Food Hygiene) Regulations 1995 and greater prominence of HACCP and risk assessment, food safety legislation is placing greater onus on operators'own knowledge of their systems, of potential food safety hazards and on the introduction of internal controls. This approach is now being adopted in Codex and potentially the EU and brings with it a greater than ever need for education in food science, food microbiology and food technology Temperature control requirements are set out in national legislation, but these vary greatly across the EU, with virtually no commonality. Attempts have been made to harmonise these national rules at EU level, but political considerations nd the differing performance of the chill chain in the various EU Member
five days, inclusive of the day of cooking, is recommended since these products are not packed prior to distribution. 16.5 Approaches to legislation Many aspects of chilled foods are common to all foods, which is reflected in the range of legal instruments applying to them: food composition, additive usages, residues, contaminants, labelling, packaging, and so on. Where chilled foods differ from foods generally is in their greater vulnerability to microbiological contamination. There is relatively little legislation that is specifically directed at ‘chilled foods’ owing to the great range of product types encompassed by this term. However, legislation in relation to ’vertical’ segments (such as meat-, poultry- and fish-based products) that are part of the chilled food and other sectors is, at the time of writing, being consolidated into a European Regulation on the hygiene of foodstuffs based on HACCP. This proposed Regulation will replace vertical rules and draw in elements from the General Food Hygiene Directive 93/43/EEC (EC 1993), which relates to all food production including those foods not containing protein ingredients falling under vertical legislation. However, there remains little in the way of clear legislated international or European standards for the manufacture of certain categories of chilled products such as those based on produce, or those using a range of raw materials, e.g. pizzas. It is for this reason that industry hygiene standards were first established in Europe in 1989 when the industry associations in the UK and France (CFA and SYNAFAP (Syndicat National des Fabricants de Plats Pre´pare´s Frais, the French ready meal manufacturers association), respectively established the first editions of national guidelines and in 1996 as part of the ECFF produced European industry guidelines. In the UK, the context of food safety legislation was changed when the Food Safety Act (FSA) was brought into effect in 1990 (HMSO 1990) to enable a wide range of legislation. The FSA introduced the concept of the ‘due diligence’ defence which enabled operators, if taken to court, to offer in their defence measures they had taken which were designed to avoid an issue arising. Coupled with the implementation of the General Food Hygiene Directive through the Food Safety (General Food Hygiene) Regulations 1995 and greater prominence of HACCP and risk assessment, food safety legislation is placing greater onus on operators’ own knowledge of their systems, of potential food safety hazards and on the introduction of internal controls. This approach is now being adopted in Codex and potentially the EU and brings with it a greater than ever need for education in food science, food microbiology and food technology. Temperature control requirements are set out in national legislation, but these vary greatly across the EU, with virtually no commonality. Attempts have been made to harmonise these national rules at EU level, but political considerations and the differing performance of the chill chain in the various EU Member 454 Chilled foods
Legislation 455 States has, to date, prevented this from taking place. It is expected that with the production of the consolidated hygiene Directives this topic will again come under review 16.6 Codex The key role of Codex in the development of international trade standards was recognised when the World Trade Organisation (WTO) was established in January 1995. The WTO updated and replaced the general Agreement on Tariffs and Trade. The General Agreement'setting up the WTO was supplemented by several more detailed agreements including the Agreement on Sanitary and Phytosanitary Measures(the ' SPS Agreement) and the Agreement on Technical Barriers to Trade(the"TBT Agreement ) Codex standards are recognised as the basic standard upon which national measures will be judged. It is accepted that higher standards may be deemed appropriate but there are restrictions based on them and they must be developed using risk assessment techniques. At its 22nd session in June 1997, the Codex Alimentarius Commission adopted a"Statement of Principle Relating to the role of Food Safety Risk Assessment. This includes the statements that: Health and safety aspects of Codex decisions and recommendations should be based on a risk assessment, as appropriate to the circumstances.andFood safety risk assessment should be soundly based science, should incorporate the four steps of the risk assessment process, and should be documented in a transparent manner. Members of the wto (i.e. most countries of Codex) are obliged to consider odex standards as the basis for their national controls. The approaches of the WTO and eU to free trade are similar in that they both allow imports of products which may not comply with the strict legal requirements of the importing country but which meet the requirements of the Codex standard (in the case of WTOs free distribution)or another EU Member State(in the case of mutual The Codex Alimentarius Commission produces food standards and codes of good manufacturing and hygienic practice. Responsibility for the development of codes of hygienic practice is mostly within the Codex Committee on Food Hygiene(CCFh), which works in conjunction with the other Codex committees that specifically develop codes and standards for particular food commodities The hygiene codes are mostly directed at food commodities and deal with aspects that must be addressed during, for example, the production, processing, storage and distribution stages of foodstuffs. The Recommended International Code of Practice General Principles of Food Hygiene(Codex 1997a)sets out the approach to be followed in the production of all foods(from production on farm to final preparation), other CODEX Codes supplementing details. Unlike previous versions of the General Principles, the 1997 code is not prescriptive: ai laying down design elements for factories or transport and storage facilitie Instead, it recommends a HACCP-based approach to enhance food safety as
States has, to date, prevented this from taking place. It is expected that with the production of the consolidated hygiene Directives this topic will again come under review. 16.6 Codex The key role of Codex in the development of international trade standards was recognised when the World Trade Organisation (WTO) was established in January 1995. The WTO updated and replaced the General Agreement on Tariffs and Trade. The ‘General Agreement’ setting up the WTO was supplemented by several more detailed agreements including the Agreement on Sanitary and Phytosanitary Measures (the ‘SPS’ Agreement) and the Agreement on Technical Barriers to Trade (the ‘TBT’ Agreement). Codex standards are recognised as the basic standard upon which national measures will be judged. It is accepted that ‘higher standards’ may be deemed appropriate but there are restrictions based on them and they must be developed using risk assessment techniques. At its 22nd session in June 1997, the Codex Alimentarius Commission adopted a ‘Statement of Principle Relating to the Role of Food Safety Risk Assessment’. This includes the statements that: ‘Health and safety aspects of Codex decisions and recommendations should be based on a risk assessment, as appropriate to the circumstances.’ and ‘Food safety risk assessment should be soundly based on science, should incorporate the four steps of the risk assessment process, and should be documented in a transparent manner.’ Members of the WTO (i.e. most countries of Codex) are obliged to consider Codex standards as the basis for their national controls. The approaches of the WTO and EU to free trade are similar in that they both allow imports of products which may not comply with the strict legal requirements of the importing country but which meet the requirements of the Codex standard (in the case of WTO’s ‘free distribution’) or another EU Member State (in the case of ‘mutual recognition’). The Codex Alimentarius Commission produces food standards and codes of good manufacturing and hygienic practice. Responsibility for the development of codes of hygienic practice is mostly within the Codex Committee on Food Hygiene (CCFH), which works in conjunction with the other Codex committees that specifically develop codes and standards for particular food commodities. The hygiene codes are mostly directed at food commodities and deal with aspects that must be addressed during, for example, the production, processing, storage and distribution stages of foodstuffs. The Recommended International Code of Practice General Principles of Food Hygiene (Codex 1997a) sets out the approach to be followed in the production of all foods (from production onfarm to final preparation), other CODEX Codes supplementing details. Unlike previous versions of the General Principles, the 1997 code is not prescriptive in laying down design elements for factories or transport and storage facilities. Instead, it recommends a HACCP-based approach to enhance food safety as Legislation 455