Sixteenth Report of Session 2012-13 - European Scrutiny Committee Contents


18   Surface contamination of bovine carcases

(34298)

14571/12

COM(12) 578

Draft Council Regulation concerning the use of lactic acid to reduce microbiological surface contamination on bovine carcases

Legal baseRegulation (EC) No 853/2004 (see para 18.1 below)
Document originated3 October 2012
Deposited in Parliament5 October 2012
DepartmentFood Standards Agency
Basis of considerationEM of 21 October 2012
Previous Committee ReportNone, but see footnote
Discussion in Council19-20 November 2012
Committee's assessmentPolitically important
Committee's decisionCleared

BACKGROUND

18.1  In 2004, the EU adopted a number of measures aimed at improved food hygiene standards. One of these — Regulation (EC) No. 853/2004[76] — provides that substances other than potable water cannot be used to remove surface contamination from foods of animal origin, unless their use for that purpose has been approved. The Regulation also provides for such approval to be given by the Commission, subject to any proposal to that effect receiving the necessary majority in the Standing Committee on the Food Chain and Animal Health: where such a majority is not forthcoming, the proposal has to be submitted to the Council, which then has two months to give its position, following which the European Parliament will have an additional two months. In the absence of an opinion from the Council, the Commission may adopt the measure, provided the European Parliament does not object within four months.

THE CURRENT PROPOSAL

18.2  The present document comprises a draft Regulation approving the use of lactic acid to remove surface contamination from bovine carcases, and it follows a request to that effect from the United States Department of Agriculture. In putting the proposal forward, the Commission notes the opinion of the European Food Safety Authority (EFSA) that the use of lactic acid for this purpose raises no safety concerns, so long as the substance used complies with EU specifications for food additives, that it provides a significant reduction in microbiological contamination, and that it is unlikely to contribute to microbial resistance. In addition, the proposal specifies that the use of lactic acid for this purpose should be confined to carcases at a slaughterhouse, and integrated into good hygienic practices and systems based on HACCP[77] principles, and it stresses that it should in no way be considered as a substitution for good hygienic slaughtering practices and operating procedures. However, when the proposal was put to the Standing Committee on 21 September 2012, it produced "no opinion", with neither a qualified majority in favour or against its adoption. It has therefore been submitted to the Council under the procedure outlined above.

THE GOVERNMENT'S VIEW

18.3  In her Explanatory Memorandum of 21 October 2012, the Parliamentary Under-Secretary of State for Public Health (Anna Soubry) points out that food-borne disease is a major cause of illness in the UK, and imposes a significant burden on patients, healthcare services and the economy, with the main food types associated with it including red meat and poultry meat. She says that hygienic processing alone is not always able to reduce significantly the hazard of microbial contamination on meat carcases, and that the use of lactic acid as a rinse (spray or mist) in beef slaughterhouses has been demonstrated to be safe and effective in reducing pathogens such as Salmonella and E.coli which may be present on carcases. She concludes that, if approved in Europe, the use of lactic acid could be an effective way, integrated into good hygienic practices and HACCP-based systems, of reducing microbial surface contamination further and improving public health.

18.4  The Minister adds that the Board of the Food Standards Agency (FSA) considered the draft proposal at its meeting on 24 January 2012, and a further revision on 11 July 2012. It agreed that the use of lactic acid in raw beef production was another possible way for businesses to reduce food-borne pathogens and as such should be integrated into an operator's food safety management system based on HACCP principles, and it also took the view that their use should not undermine the continuous application of good hygiene practices. The Board therefore advised Health Ministers that the UK should support the Commission proposal, and Ministers had agreed this course of action.

18.5  At the same time, the Minister recognises that the use of lactic acid rinses on beef carcases is politically sensitive, due to the consumer issues surrounding its use, and the wider trade implications stemming from its widespread use by some of the world's major trading countries. She notes that an FSA consultation of 85 organisations indicated that the opinions of UK interested parties are mixed, with industry stakeholders being generally not opposed, but expressing concern that authorisation may lead to a drop in hygiene standards and raise issues relating to EU/US trade, whilst consumer groups were concerned about issues relating to labelling, recognising that some consumers may not want to eat meat treated this way.

18.6  The Minister also says that the Commission is keen to secure support for the proposal, and that, although it has worked hard to focus reluctant Member States on the firm evidence base provided by the EFSA, some remain cautious, and are blocking progress (with some being against the proposal in principle, on the grounds that it may lead to a drop in hygiene standards, or because there is not a mandatory requirement for labelling). She comments that the UK position is that labelling of products treated with this substance is not appropriate, and would give rise to enforcement issues, and she notes that the proposal clearly states that the lactic acid solution can only be applied to carcases that are free of visible faecal contamination, thus ensuring that the treatment is not used to clean 'dirty' meat, and puts the responsibility of ensuring that carcases are free of any contamination on the food business operator, as is already required by the Food Hygiene Regulations.

18.7  Finally, the Minister notes that the United States, where this treatment is permitted, is taking a keen interest in the proposal, and considers the continued unwillingness of Member States to support it to be a potential barrier to trade, given that the treatment had received a positive opinion from EFSA. She adds that this issue is significant to the growth and trade agenda, as the US administration views it as a test case for the EU's ability to act in good faith on perceived trade barriers, as well as adopting a science based approach to food safety standards. In particular, she suggests that the outcome may have a bearing on the US agreeing to engage in negotiations on a proposed EU-US Free Trade Agreement, which the Prime Minister has made clear is a number one trade priority, and that an EU-US trade deal could be a potential game-changer within international trade and the global economy. The UK Government is therefore fully supportive of the opening of negotiations over an EU-US trade agreement, and this also has support from all EU Member States.

CONCLUSION

18.8  This proposal raises many issues which are similar to those which our predecessors drew to the attention of the House in October 2008 on a proposal[78] to permit the use of four antimicrobial agents to remove surface contamination from poultry carcases, and, given the support it has received from the European Food Safety Authority and the UK's own Food Standards Agency, we would probably not have regarded those issues on their own as justifying a substantive Report in this case. However, we have also noted that the approach adopted by the EU on the current proposal would have a bearing on the proposed EU-US Free Trade Agreement, and, although we are content to clear the document, we think it right to draw this consideration to the attention of the House.



76   OJ No. L.139, 30.4.04, p.55. Back

77   Hazard Analysis and Critical Control Points. Back

78   (30113) 15214/08: see HC 19-i (2008-09), chapter 18 (10 October 2008). Back


 
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