Ethylene oxide, Indian night and Cypriot sunset

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Ethylene oxide-a genotoxic and carcinogenic contaminant-continues to dominate the Rapid Alert System on Food and Feed (RASFF) rankings. Its use in agriculture, banned in the EU, is, however, permitted in India where many food commodities come from where it resides.

The Cypriot Commissioner for Health and Food Safety-once again urged by the European Parliament (1)-only now announces that strengthened EU border controls would be introduced as early as October 2020, on sesame arriving from India. Not enough to address the problem.

Ethylene oxide, another question from the European Parliament.

Italian MEP Gianantonio Da Re, a member of the ENVI(Environment, Public Health and Food Safety) parliamentary committee, filed a parliamentary question on 14.9.21 requesting a written answer. (2) Subject, ‘Presence of ethylene oxide in food – action by the European Commission‘.

Between August and September, several batches of food containing ethylene oxide, a chemical whose use in the food chain in Europe is banned because it has been declared ‘carcinogenic, mutagenic and toxic,’ were recalled. This substance can contaminate baked goods, cereals, seeds, ice cream and yogurt.’

Indian Nocturne

The MEP from Cappella Maggiore (TV) also highlighted the recurrence of notifications-in the European Rapid Alert System on Food and Feed Safety (RASFF)-of goods contaminated with ethylene oxide arriving from India, where its use in agriculture is still permitted.

In view of these reports, Hon. Gianantonio Da Re urged the European Commission to consider ‘strengthening control systems on products from third countries sold in the European Union market‘.

Strengthened controls in the EU?

Health and Food Safety Commissioner Stella Kyriakides-in her 4.11.2021 answer to the parliamentary question under consideration (3)-reminded, as usual, of the existence of EU rules. On maximum pesticide residue levels in this case. (4)

The Commission then reported that it had already ‘strengthened controls on sesame seeds imported from India in view of the risk of ethylene oxide contamination through a safeguard measure as early as October 2020.’

Measures to strengthen controls on other commodities possibly contaminated with ethylene oxide are part of the ongoing review of Regulation (EU) 2019/1793.‘ (5)

Ethylene oxide, RASFF data.

The RASFF portal reports 655 notifications of ethylene oxide-contaminated food, during the period 1.1.2019-5.11.2021. And it is useful to note the following:

– 415 notifications, or 63.4 percent of the total, explicitly refer to contaminated products coming from India. Seven notifications in seven days in the last week involved Indian products,

– only 32 notifications, or 4.9 percent of the total, resulted from EU border inspections(border rejection). Thus, 95.1 percent of at-risk foods were intercepted late, often after they were placed on the retail market.

Other notifications do not specify the country of origin of the contaminated plant raw materials. And it is likely, in many cases, that it is Indian. All the more so as it relates to spice blends such as curry, of which India is a global leader. That is, of botanicals intended for the production of dietary supplements.

Interim conclusions


‘Whatever it takes’
, the Commission has a responsibility to take safeguard measures that are effectively suitable to prevent the entry of agricultural raw materials, ingredients and food products contaminated with a substance that is seriously hazardous to human health.

The measures taken so far in Brussels have proven incapable of mitigating serious food safety risks-already widely revealed on numerous product categories that have reached European consumers-that are still ongoing. Moreover, the persistence of the problem shows that it has not been addressed at its root and continues with new crops.

It is incumbent and urgent to prescribe that all batches of risky foodstuffs arriving from India be accompanied by certificates of analysis and be checked at specially designated checkpoints at the EU borders, with random testing at those locations.

Dario Dongo

Notes

(1) Dario Dongo. Ethylene oxide, recalls in EU without strengthened border controls. GIFT (Great Italian Food Trade). 9/23/21, https://www.greatitalianfoodtrade.it/sicurezza/ossido-di-etilene-richiami-in-ue-senza-controlli-rafforzati-alle-frontiere

(2) European Parliament. Question by MEP Gianantonio Da Re (League, ID – Identity and Democracy Group) with request for written answer, 14.9.21 (ENE-004202/2021).
https://www.europarl.europa.eu/doceo/document/E-9-2021-004202_EN.html

(3) European Commission. Response by Ms. Stella Kyriakides to the parliamentary question referred to in footnote 2, 4.11.2021. https://www.europarl.europa.eu/doceo/document/E-9-2021-004202-ASW_EN.html

(4) Reg. EC 396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin. Consolidated text as of 10.10.21 at https://eur-lex.europa.eu/legal-content/IT/TXT/?qid=1636142255796&uri=CELEX%3A02005R0396-20211010

(5) Reg. EU 2019/1793, on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries, and implementing Regulations (EU) 2017/625 and (EC) No. 178/2002. Consolidated text as of 5.5.21 at https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX%3A32019R1793&qid=1636142425150

Dario Dongo
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Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.