Ethylene oxide-a pesticide that is carcinogenic, mutagenic and toxic to reproduction-justifies recalls of a myriad of food products in the EU, (1) but not also strengthened official controls at its borders.
European Commissioner Stella Kyriakides’ laconic response to a question from the European Parliament prompts reflection on how best to stem the ongoing food security crisis.
Ethylene oxide, endless contamination
‘Non-compliant products that contain ingredients illegally treated with ethylene oxide-a carcinogenic, mutagenic and reproductively toxic (CMR) disinfectant that is banned in Europe-are currently being sold on European soil as everyday consumer goods, unbeknownst to consumers and in violation of EU regulations.’
MEPs Eric Andrieu and Sylvie Guillaume (S&D Group, Socialists and Democrats) thus introduced their question with request for written answer, 1.7.21. Hoping to clarify some issues related to harmonized food safety risk management, rampant everywhere in the EU. And especially to understand what measures, if any, the Commission intends to take on non-EU import products.
Risk classification, public recall
The European Commission, in its answer 15.9.21 to the above parliamentary question, confirmed that ethylene oxide-contaminated foodstuffs should be subjected to commercial recall and public recall by responsible operators, ‘under the diligent supervision of member state authorities.’ (2)
‘Food products placed on the EU market, including imported products, must comply with maximum pesticide residue limits. (3) Including those for ethylene oxide, which are set at the limit of quantification of the analytical method.
Member states are responsible for monitoring and enforcement, ensuring that products that do not comply with their respective legislation are removed from the market.’ (4)
Ethylene oxide, what measures on non-EU foods?
Health and Consumer Safety Commissioner Stella Kyriakides, however, gave an evasive answer to the precise question about measures to be applied to products imported from non-EU countries. Limited to finding how the threshold of ethylene oxide residues allowed in the EU coincides with their analytical detection limit.
The question raised by the European Parliament, on closer inspection, is not about the existence but about the concrete application of the rules. Under the ‘General Food Trade Obligations‘ introduced by Regulation (EU) 178/02, in its Section 3. Starting with Article 11, precisely referred to by socialist MEPs.
Food and feed imported into the Community
‘Food and feed imported into the Community for placing on the market in the Community shall comply with the relevant provisions of food law or conditions recognized at least as equivalent by the Community or, when a specific agreement exists between the Community and the exporting country, with the provisions contained therein‘ (EC Reg. 178/02, Article 11).
Enhanced controls on the entry of risky products of non-animal origin into the EU
The European legislature introduced as early as 2009 a system of enhanced official controls at entry into the EU on products of non-animal origin that–based on risk analysis and critical issues revealed in official controls or from various sources (including investigative and intelligence of member states)-present greater food safety risks. (5)
The list of commodities to be subjected to enhanced official controls-identified by category, origin and risks to be assessed-is updated by the European Commission annually and involves:
– Systematic checks on the documents accompanying all incoming consignments,
– Physical checks and laboratory analysis with a frequency defined in the annexes to reg. EU 2019/1793,
– requirement of official certificates and results of analyses conducted as a result of sampling by the competent authorities of the third country concerned.
Ethylene oxide, no strengthened controls on imported goods?
The answer missing from the parliamentary question is why the European Commission, in its latest update of the list of products to be subject to enhanced official controls, did not even mention the risk of ethylene oxide contamination on a wide variety of plant ingredients and compound products from outside the EU. Although the contaminant was found, after the fact, on an extraordinary variety of processed food products in the EU.
In fact, Implementing Regulation (EU) 2021/608–adopted by the European Commission on 14.4.21–considers 71 matrices arriving from various third countries, with the customs codes of the products derived from them, to be subject to specific controls. Certificates and cascade testing to prevent entry of food contaminated with aflatoxins and mycotoxins, pesticide residues, and Salmonella, as appropriate. (6)
Ethylene oxide, the absolute champion of the RASFF
Ethylene oxide, meanwhile, tops the rankings of serious food safety risks reported by EU member states in theRapid Alert System on Food and Feed (RASFF) system. 655 notifications, as of 1.1.2020 to 7 p.m. today.
Literally everywhere. Indian curry, Turkish carob seed flour, food supplements from Germany and Sweden, various sauces from Belgium, German fruit desserts, Indian Garcinia Cambogia and Chinese Citrus sinensis destined for food supplements, Chinese stevia powder in Slovenia in just 7 days.
Are you all right?
The question remains whether the failure to include ethylene oxide-among the hazards to be considered in the list of non-EU food and feed to be subject to enhanced controls-is consistent with the goals of ensuring the highest food safety standards that the European Union promotes. No comment.
Dario Dongo
Notes
(1) Marta Strinati. Smarties, M&M’s, Bounty, Twix. Even ice cream contaminated with carcinogenic ethylene oxide. GIFT (Great Italian Food Trade). 21.6.21, https://www.greatitalianfoodtrade.it/sicurezza/smarties-m-m-s-bounty-twix-anche-i-gelati-contaminati-da-ossido-di-etilene-cancerogeno
(2) Reg. EC 178/02, so-called General Food Law. See Articles 14, 19, and 11. Text updated 5/26/21 at https://bit.ly/3ACDmnA.
(3) 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 2.9.21 at https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX%3A32005R0396&qid=1632407420817
(4) European Commission, response 15.9.21 to European Parliament question E-003410/2021. https://www.europarl.europa.eu/doceo/document/E-9-2021-003410-ASW_EN.html
(5) The system of enhanced official controls on food and feed of non-animal origin was first introduced by reg. EC 669/09, in the context of the Hygiene Package. The matter is now regulated by reg. EU 2017/625 in its general terms and 2019/1793 in its specific terms
(6) See now Commission Implementing Regulation (EU) 2021/608, 14.4.21, amending Implementing Regulation (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 of the European Parliament and of the Council (Text relevant to the EEA). On Europa Lex, https://bit.ly/3i2FJbT
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
