Food System

EU spice rules harm trade & safety: Reform Now

May 20, 2025

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The EU’s spice import rules are creating unnecessary trade barriers, hurting both European processors and small farmers in developing nations. A recent parliamentary inquiry highlighted the core issue: the EU fails to distinguish between raw spices for processing and ready-to-eat products.

This oversight acts as a de facto sanitary barrier, unfairly benefiting non-EU companies while hindering European industry. Urgent reform is needed to ensure fair competition, food safety sovereignty, and vital support for LMIC producers.

Table of Contents

The problem: unjustified barriers and market distortion

EU border controls block raw spices unnecessarily

Due to increasing Rapid Alert System for Food and Feed (RASFF) notifications, the EU has imposed stricter controls on Brazilian black pepper, treating it as a final consumer product rather than a raw material for processing.

European spice processors (such as Italy’s Webb James) have invested substantially in steam sterilisation technologies to eliminate pathogens (Salmonella, E. coli, Listeria).
However, raw pepper shipments are being rejected at EU borders based on tests conducted before sterilisation — even though sterilisation is a standard and proven step in EU processing.

This means:

EU processors are blocked from importing raw materials they can safely treat;
non-EU processors (e.g., in India, Vietnam, Brazil) gain an unfair advantage — they sterilise pepper abroad and re-export it to the EU, sometimes employing dilution techniques or banned practices that EU operators cannot utilise under European regulations.

The consequences: job losses, outsourced food safety, and harm to LMICs

European spice processors risk losing competitiveness. The imposition of processing raw materials before their entry into the EU is pushing companies to relocate their plants to non-EU countries, threatening vital jobs and skills.
Food safety risks increase. The EU outsources sterilisation to third countries, where standards and enforcement may not meet EU requirements.
LMIC producers suffer. Small Brazilian farmers and exporters face trade disruptions as their raw pepper is rejected, compelling them to sell only to non-EU processors who then capture the added value of processing.

The EU regulatory framework: inflexible and counterproductive

The current EU regulatory approach to spice imports is primarily governed by Regulation (EU) 2017/625 on official controls and Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs. These regulations establish a rigid framework that makes no distinction between finished products and raw materials intended for further processing:

under Commission Implementing Regulation (EU) 2019/1793, certain spices, including Brazilian black pepper, are subject to enhanced official controls requiring sampling and laboratory analysis at the point of entry;
this case represents a rare instance in which the EU system applies a particularly strict interpretation of the precautionary principle, whereby any detection of pathogens results in automatic rejection — regardless of the material’s intended use.

This framework fails to recognise the essential concept of ‘conditional clearance’ for raw materials destined for validated processing facilities:

border inspection authorities are required to apply identical standards to all imported spices, with no legal pathway for materials that will undergo pathogen reduction treatments within the EU;
Regulation (EU) 2017/625 Article 77 theoretically allows for specific import conditions but has not been implemented for spice processing chains.

This regulatory gap has created a perverse situation whereby EU processors with state-of-the-art sterilisation facilities cannot access raw materials, while processed imports from third countries with potentially lower safety standards enter unimpeded, creating both safety concerns and market distortions.

The US regulatory approach: risk-based and process-oriented

In stark contrast, the United States Food and Drug Administration (FDA) has implemented a more sophisticated, risk-based approach to spice imports through the Food Safety Modernization Act (FSMA). Under Title 21 Code of Federal Regulations (CFR) Parts 1, 11, and 117, the US system explicitly distinguishes between ready-to-eat products and raw agricultural commodities intended for further processing. The Foreign Supplier Verification Program (FSVP) permits the importation of raw spices that may not meet finished product standards, provided they are:

Clearly identified as requiring further processing with a validated kill-step;
Accompanied by documentation certifying their intended use in a facility with approved food safety plans;
Subject to verified hazard analysis and risk-based preventive controls by the importing processor.

The FDA’s approach is underpinned by scientific risk assessment rather than rigid border controls. It places responsibility on qualified importers to demonstrate that their processes will effectively mitigate identified hazards. This system has proven successful in maintaining high food safety standards whilst facilitating international trade and supporting developing-world producers. Importantly, it acknowledges that pathogen reduction treatments under FDA oversight within the United States provide superior safety assurance compared to outsourcing such critical steps to third countries with varying levels of regulatory oversight.

The solution: a fair and logical reform

The European Commission must revise its approach to align with global best practices (like the US system, which allows clearance after sterilisation).

1. Recognise raw spices as industrial inputs, not final products

Establish separate regulatory pathways for raw materials (intended for sterilisation in the EU) and ready-to-eat spices.
Implement a conditional clearance system for raw pepper subject to EU-based sterilisation, rather than blocking shipments outright.

2. Stop outsourcing Europe’s food safety

Ensure sterilisation happens under rigorous EU oversight, not in third countries with potentially weaker controls.
Prevent unfair competition from non-EU operators, who might circumvent EU food safety regulations using methods that are sometimes impossible to detect (e.g. dilution).

3. Support LMIC producers and fair trade

Avoid disrupting established supply chains that small farmers in Brazil and other LMICs depend upon for their livelihoods.
Encourage direct partnerships between LMIC producers and EU processors, ensuring fair prices and sustainable trade practices.

Call to Action: the EU must act now

This regulatory issue exposes a critical failure that harms European industry, LMIC producers, and ultimately food safety. The European Commission must:

Clarify its position on why raw pepper is treated as a final product despite clear evidence of established processing chains;
Amend the Official Controls Regulation to distinguish expressly between raw and processed spices;
Allow sterilisation in EU facilities as a valid control measure, aligning with international best practices as exemplified by the US system.

The current regulatory framework undermines European food sovereignty, sacrifices skilled jobs, and benefits non-EU operators at the expense of EU processors and LMIC farmers. Reform is urgent —before more European companies are forced to shut down or relocate their operations outside the Union.

The EU must defend its industries, workers, and principles — not outsource them.

#FairSpiceTrade #Égalité

Dario Dongo

References

Commission Implementing Regulation (EU) 2019/1793 of 22 October 2019 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660 (Text with EEA relevance). Latest consolidated version: 08/01/25 https://bit.ly/3SHaYuX
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products. Latest consolidated version: 05/01/25 https://bit.ly/44K18zZ
U.S. Food and Drug Administration. (2015). Current good manufacturing practice, hazard analysis, and risk-based preventive controls for human food. 21 CFR Parts 1, 11, and 117. https://www.fda.gov/food/food-safety-modernization-act-fsma/fsma-final-rule-preventive-controls-human-food
Vannacci, R. (2025, May 7). Impact of strengthened controls on Brazilian black pepper: Unfair competition for Italian and European spice processors (Parliamentary question E-001849/2025). European Parliament. https://www.europarl.europa.eu/doceo/document/E-10-2025-001849_EN.html