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
456 Chilled foods described in Principles of HACCP(Codex 1997b)and Hazard Analysis and Critical Control Point(HACCP)System and Guidelines for its Appli (Codex 1997c). The General Principles concentrates on what is needed at each step to prevent or reduce risks of contamination and leaves a significant degree of flexibility to manufacturers or operators and regulatory bodies on how to achieve these objectives The HACCP approach in the above Codex texts sets out seven principles that must be followed to prepare an effective HACCP plan. A comprehensive review of a HACCP plan must include consideration of these principles. They are 1. conduct a hazard analysis 2. determine the Critical Control Points(CCPs) 3. establish critical limit(s) 4. establish a system to monitor control of the CCP 5. establish the corrective action to be taken when monitoring indicates that a particular CCP is not under control 6. establish procedures for verification to confirm that the HACCP system is working effectively 7. establish documentation concerning all procedures and records appropriate to these principles and their application The implementation of HACCP in small and medium sized businesses has been the focus of much attention in both Codex and many individual countries In the eU, however, the approach to date has utilised ' HACCP-type systems that seek to avoid documentation burdens, but this approach has been criticised for presenting a weakened interpretation of HACCP Together with increased prominence of HACCP in Codex documents risk assessment has become seen as a tool of great potential. The Codex Principles for the Establishment and Application of Microbiological Criteria for Foods ( Codex 1997b) are to be supplemented by Principles and Guidelines for the Conduct of Microbiological Risk Assessment(Codex 1998a), which was adopted by the 32nd Session of the Codex Committee on Food Hygiene at the end of 1999 for refire ed Packaged Foedt ith Es tended shelf Ldfe (Codex 139 er. This Code is at the time of writing due for final approval and publication. It was developed following agreement at CCFH that a separate code of practice should be developed covering sous vide products. As work progressed, the scope was extended to all refrigerated pre-prepared, extended shelf-life foods with a shelf ife of more than five days at the suggested temperature of 4C (or greater depending on hazard analysis). The Code was based primarily on existing French legislation, explaining the reference to 4C Shorter-shelf-life products fall within the scope of the Codex Code of ice for Precooked and Cooked Meals in Mass Catering( Codex t. this does not refer to chilled foods for retail sale. This code gienic requirements for cooking raw foods and handling cooked
described in Principles of HACCP (Codex 1997b) and Hazard Analysis and Critical Control Point (HACCP) System and Guidelines for its Application (Codex 1997c). The General Principles concentrates on what is needed at each step to prevent or reduce risks of contamination and leaves a significant degree of flexibility to manufacturers or operators and regulatory bodies on how to achieve these objectives. The HACCP approach in the above Codex texts sets out seven principles that must be followed to prepare an effective HACCP plan. A comprehensive review of a HACCP plan must include consideration of these principles. They are: 1. conduct a hazard analysis 2. determine the Critical Control Points (CCPs) 3. establish critical limit(s) 4. establish a system to monitor control of the CCP 5. establish the corrective action to be taken when monitoring indicates that a particular CCP is not under control 6. establish procedures for verification to confirm that the HACCP system is working effectively 7. establish documentation concerning all procedures and records appropriate to these principles and their application. The implementation of HACCP in small and medium sized businesses has been the focus of much attention in both Codex and many individual countries. In the EU, however, the approach to date has utilised ‘HACCP-type systems’ that seek to avoid documentation burdens, but this approach has been criticised for presenting a weakened interpretation of HACCP. Together with increased prominence of HACCP in Codex documents risk assessment has become seen as a tool of great potential. The Codex Principles for the Establishment and Application of Microbiological Criteria for Foods (Codex 1997b) are to be supplemented by Principles and Guidelines for the Conduct of Microbiological Risk Assessment (Codex 1998a), which was adopted by the 32nd Session of the Codex Committee on Food Hygiene at the end of 1999. Especially relevant to chilled foods is the Codex Code of Hygienic Practice for Refrigerated Packaged Foods with Extended Shelf Life (Codex 1997c). This Code is at the time of writing due for final approval and publication. It was developed following agreement at CCFH that a separate code of practice should be developed covering sous vide products. As work progressed, the scope was extended to all refrigerated pre-prepared, extended shelf-life foods with a shelf life of more than five days at the suggested temperature of 4ºC (or greater, depending on hazard analysis). The Code was based primarily on existing French legislation, explaining the reference to 4ºC. Shorter-shelf-life products fall within the scope of the Codex Code of Hygienic Practice for Precooked and Cooked Meals in Mass Catering (Codex 1989). However, this does not refer to chilled foods for retail sale. This code deals with the hygienic requirements for cooking raw foods and handling cooked 456 Chilled foods
457 and pre-cooked foods intended for feeding large groups of people and is not intended to be applied to the industrial production of complete meals. Chilled exceeding 4 C in any part of the product and stored for no longer than five dalp, foods are defined in this code as product maintained at temperatures Other proposed Codes of relevance to chilled food production include a Code of Hygienic Practice for Primary Production, Harvesting and Packaging of Fresh Produce/Fruits and Vegetables(including an Annex for seed sprouts)(Codex 1999), and a Code of Hygienic Practice for Pre-Cut Raw Fruits and Vegetables ( Codex 1998c). Work on the area of produce has come about since the nternational community has most recently recognised the potential for pathogens to be present on produce. Indeed, much attention is now being paid to the extension of food hygiene measures from farm to fork, particularly where raw agricultural products are used in foods that are to be eaten raw 16. ATP An Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Transport was drawn up by the Inland Transport Committee of the UN Economic Committee for Europe in 1970-71. It is known as the AtP agreement, after the initials of its French title, and its purpose is to facilitate international traffic in certain perishable foodstuffs by setting common and centrally recognized standards(ATP 1987) The foodstuffs to be carried in accordance with the Agreement are quick (deep)frozen and frozen foodstuffs, and also certain other perishable foodstuffs that fall into neither of these two categories but which need to be carried at chill emperatures. The foods in this latter category are red offal, butter, game, milk, dairy products (yoghurt, kefir, cream and fresh cheese), fresh fish,meat products, meat, poultry and rabbits. Maximum temperatures in the range 2-7C are specified Be he Agreement lays down common standards for the temperature-controlled ipment (road vehicles, railway wagons and containers) in which these foodstuffs are carried Over 20 countries have acceded to the Agreement. It was designed to apply primarily to all means of surface transport within Europe and is not applicable to air transport or to sea journeys exceeding 150 km. Despite its specified storage temperature requirements not having been updated for some time and their not being directly related to international legislation, the ATP is still often referred to by distributors Further advice on the carriage of chilled foods is to be found in The Transport of erishable Foodstuffs, a handbook compiled by the Shipowners Refrigerated Cargo Research Association(SRCRA)at the request of the UKs Ministry of Agriculture, Fisheries and Food(SRCRA 1991). As well as directing attention to the requirements of the ATP Agreement, the handbook deals in a lucid and practical way with, for example, the conditions, which affect perishable foods, stowage packaging, atmospheres, vehicles, refrigeration systems and commodit
and pre-cooked foods intended for feeding large groups of people and is not intended to be applied to the industrial production of complete meals. Chilled foods are defined in this code as ‘product maintained at temperatures not exceeding 4ºC in any part of the product and stored for no longer than five days’. Other proposed Codes of relevance to chilled food production include a Code of Hygienic Practice for Primary Production, Harvesting and Packaging of Fresh Produce/Fruits and Vegetables (including an Annex for seed sprouts) (Codex 1999), and a Code of Hygienic Practice for Pre-Cut Raw Fruits and Vegetables (Codex 1998c). Work on the area of produce has come about since the international community has most recently recognised the potential for pathogens to be present on produce. Indeed, much attention is now being paid to the extension of food hygiene measures from ‘farm to fork’, particularly where raw agricultural products are used in foods that are to be eaten raw. 16.7 ATP An Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Transport was drawn up by the Inland Transport Committee of the UN Economic Committee for Europe in 1970–71. It is known as the ATP agreement, after the initials of its French title, and its purpose is to facilitate international traffic in certain perishable foodstuffs by setting common and centrally recognized standards (ATP 1987). The foodstuffs to be carried in accordance with the Agreement are quick (deep) frozen and frozen foodstuffs, and also certain other perishable foodstuffs that fall into neither of these two categories but which need to be carried at chill temperatures. The foods in this latter category are red offal, butter, game, milk, dairy products (yoghurt, kefir, cream and fresh cheese), fresh fish, meat products, meat, poultry and rabbits. Maximum temperatures in the range 2–7ºC are specified. The Agreement lays down common standards for the temperature-controlled equipment (road vehicles, railway wagons and containers) in which these foodstuffs are carried. Over 20 countries have acceded to the Agreement. It was designed to apply primarily to all means of surface transport within Europe and is not applicable to air transport or to sea journeys exceeding 150 km. Despite its specified storage temperature requirements not having been updated for some time and their not being directly related to international legislation, the ATP is still often referred to by distributors. Further advice on the carriage of chilled foods is to be found in The Transport of Perishable Foodstuffs, a handbook compiled by the Shipowners Refrigerated Cargo Research Association (SRCRA) at the request of the UK’s Ministry of Agriculture, Fisheries and Food (SRCRA 1991). As well as directing attention to the requirements of the ATP Agreement, the handbook deals in a lucid and practical way with, for example, the conditions, which affect perishable foods, stowage, packaging, atmospheres, vehicles, refrigeration systems and commodities. Legislation 457
458 Chilled foods 16.8 Canada There are no Canadian regulations specifically dealing with chilled foods Manufacturers of relevant products are self-regulated through the Canadian Code of Recommended Practices for Pasteurised /Modified Atmosphere Pack aged/Refrigerated Food(Canada 1990a). The code is intended to assist and encourage compliance with the applicable federal, provincial or municipal legislation that deals with the safety of food. It was developed by the Agri-Food Safety Division of Agriculture Canada in consultation with relevant Govern- ment, industry and academic bodies. The code relates to pasteurised modified atmosphere (including vacuum)packed products that require refrigeration (lC to 4C)throughout their shelf-life Like the more recently developed, broadly comparable guidelines available in other countries, the code is strongly HACCP oriented. Recommended microbiological criteria for the final product are given. The code addresses all of the components of the manufacturing practices concerned with chilled food technology as well as providing advice on food service and retail handling practices. It also includes a helpful example as to the steps to be followed in the development of a sous vide meat product. The Code includes the relevant parts of the Canadian Code of Recommended Handling Practices for Chilled Foods which was developed by the Food Institute of Canada( Canada 1990b) The HACCP Implementation Manual, issued by Agriculture and Agri-Food Canada as part of the Canadian Food Safety Enhancement Program, includes guidelines and principles for the development of generic HACCP models. The aim is to encourage the establishment and maintenance of hAccP-based systems in federally registered agri-food processing. Thirty-eight generic HACCP models have been developed at the time of writing including one on 'Assembled meat,, which includes multi-commodity food products with or without meat, e.g. pizzas and sandwiches 16.9 European Union (EU) The European Community (now EU) sought for many of its early years to remove technical barriers to intra-Community trade in food by harmonising the food laws of the individual Member States. However, owing to the significant differences in their legal approaches and the requirements of the different national food laws, this approach met with limited success. The Community therefore adopted a revised strategy in the mid-1980s under the 1985 White Paper Programme for processed foodstuffs. This combined the adoption of five Framework Directives, covering food labelling(79/112/EEC), additives(89/ 107/EEC), materials in contact with food ( 89/109/EEC), official controls(89/ 307/EEC), and foods for particular nutritional uses(89/398/EEC), with the principle of mutual recognition of national regulations and standards not needing to be legislated for by the Community
16.8 Canada There are no Canadian regulations specifically dealing with chilled foods. Manufacturers of relevant products are self-regulated through the Canadian Code of Recommended Practices for Pasteurised/Modified Atmosphere Packaged/Refrigerated Food (Canada 1990a). The code is intended to assist and encourage compliance with the applicable federal, provincial or municipal legislation that deals with the safety of food. It was developed by the Agri-Food Safety Division of Agriculture Canada in consultation with relevant Government, industry and academic bodies. The code relates to pasteurised modified atmosphere (including vacuum) packed products that require refrigeration (1ºC to 4ºC) throughout their shelf-life. Like the more recently developed, broadly comparable guidelines available in other countries, the code is strongly HACCP oriented. Recommended microbiological criteria for the final product are given. The code addresses all of the components of the manufacturing practices concerned with chilled food technology as well as providing advice on food service and retail handling practices. It also includes a helpful example as to the steps to be followed in the development of a sous vide meat product. The Code includes the relevant parts of the Canadian Code of Recommended Handling Practices for Chilled Foods which was developed by the Food Institute of Canada (Canada 1990b). The HACCP Implementation Manual, issued by Agriculture and Agri-Food Canada as part of the Canadian Food Safety Enhancement Program, includes guidelines and principles for the development of generic HACCP models. The aim is to encourage the establishment and maintenance of HACCP-based systems in federally registered agri-food processing. Thirty-eight generic HACCP models have been developed at the time of writing including one on ‘Assembled meat’, which includes multi-commodity food products with or without meat, e.g. pizzas and sandwiches. 16.9 European Union (EU) The European Community (now EU) sought for many of its early years to remove technical barriers to intra-Community trade in food by harmonising the food laws of the individual Member States. However, owing to the significant differences in their legal approaches and the requirements of the different national food laws, this approach met with limited success. The Community therefore adopted a revised strategy in the mid-1980s under the 1985 White Paper Programme for processed foodstuffs. This combined the adoption of five Framework Directives, covering food labelling (79/112/EEC), additives (89/ 107/EEC), materials in contact with food (89/109/EEC), official controls (89/ 307/EEC), and foods for particular nutritional uses (89/398/EEC), with the principle of mutual recognition of national regulations and standards not needing to be legislated for by the Community. 458 Chilled foods
Legislation 459 EC vertical (product/sector-specific) legislation on food hygiene and ontrolling food temperature has been directed mainly at protein-based commodities such as meat, milk and poultry. However, it is only in the last ten years or so that the more extensive application of hygiene requirements and measures for monitoring and controlling pathogenic organisms in the food chain have come under consideration The 1993 General Food Hygiene Directive sets out the basic hygiene regulations for food production and introduced the application of HACCP principles in food businesses, the concept of Guides to good hygienic practice related to the Directive and intended to provide more detailed sector-specific information, encouragement of the application of Iso 9000 standards on quality ssurance in order to implement general hygiene rules, making Member States responsible for enforcement in accordance with established eu rules and official controls Work on the consolidation of food hygiene legislation began in earnest in April 1996 with the publication of the Guide to certain rules governing production, marketing and importation of products of animal origin intended for human consumption. This Guide was essentially a consolidation of 14 Directives laying down animal and public health rules for the production and the placing or the market of products of animal origin. The eU Green Paper on Food law published by the European Commission in April 1997(EC 1997), launched a public debate on the future of European food legislation. The Green Paper stated that besides protection of public health, free movement of goods and European competitiveness, Community food law must ensure that legislation is primary based on scientific evidence and risk assessment. In addition, legislation was required to be coherent, rational and user friendly. The Paper raised questions of whether there was a need for hygiene legislation to be extended to primary agriculture, whether it should be applicable to retailing and whether it would be appropriate to introduce a general obligation on food businesses to ensure that food is safe, wholesome and fit for human consumption. A defence of due diligence (as allowed by the Uk Food Safety Act 1990) was proposed accompany this obligation. In addition, the question of whether unprocessed agricultural foodstuffs should be brought within the scope of the product liability Directive 85/374/EEC was raised but has since been addressed by the ublication of Directive 1999/34/EC. which amends the 1985 Directive to include agricultural products within its scope At the time of writing- summer 2000- new regulatory hygiene proposals (EC 2000) are under discussion that are intended to replace current various vertical hygiene-focused Directives for trade in a wide range of protein-based foods. In addition, the General Food Hygiene Directive 93/43/EEC is incorporated into the draft consolidated text. These proposals are directed at the wholesomeness of raw starting materials(excluding farm rules)and the conditions and practices to which they are exposed during subsequent preparation and processing operations, up to the point at which they are read for placing on the market, but excluding retailer sale. The aim is the uniform
EC vertical (product/sector-specific) legislation on food hygiene and controlling food temperature has been directed mainly at protein-based commodities such as meat, milk and poultry. However, it is only in the last ten years or so that the more extensive application of hygiene requirements and measures for monitoring and controlling pathogenic organisms in the food chain have come under consideration. The 1993 General Food Hygiene Directive sets out the basic hygiene regulations for food production and introduced the application of HACCP principles in food businesses, the concept of Guides to good hygienic practice related to the Directive and intended to provide more detailed sector-specific information, encouragement of the application of ISO 9000 standards on quality assurance in order to implement general hygiene rules, making Member States responsible for enforcement in accordance with established EU rules and official controls. Work on the consolidation of food hygiene legislation began in earnest in April 1996 with the publication of the Guide to certain rules governing production, marketing and importation of products of animal origin intended for human consumption. This Guide was essentially a consolidation of 14 Directives laying down animal and public health rules for the production and the placing on the market of products of animal origin. The EU Green Paper on Food law, published by the European Commission in April 1997 (EC 1997), launched a public debate on the future of European food legislation. The Green Paper stated that besides protection of public health, free movement of goods and European competitiveness, Community food law must ensure that legislation is primary based on scientific evidence and risk assessment. In addition, legislation was required to be coherent, rational and user friendly. The Paper raised questions of whether there was a need for hygiene legislation to be extended to primary agriculture, whether it should be applicable to retailing and whether it would be appropriate to introduce a general obligation on food businesses to ensure that food is safe, wholesome and fit for human consumption. A defence of due diligence (as allowed by the UK Food Safety Act 1990) was proposed to accompany this obligation. In addition, the question of whether unprocessed agricultural foodstuffs should be brought within the scope of the product liability Directive 85/374/EEC was raised but has since been addressed by the publication of Directive 1999/34/EC, which amends the 1985 Directive to include agricultural products within its scope. At the time of writing – summer 2000 – new regulatory hygiene proposals (EC 2000) are under discussion that are intended to replace current various vertical hygiene-focused Directives for trade in a wide range of protein-based foods. In addition, the General Food Hygiene Directive 93/43/EEC is incorporated into the draft consolidated text. These proposals are directed at the wholesomeness of raw starting materials (excluding farm rules) and the conditions and practices to which they are exposed during subsequent preparation and processing operations, up to the point at which they are ready for placing on the market, but excluding retailer sale. The aim is the uniform Legislation 459
460 Chilled foods Table 16.2 Country Chilled storage Belgium max. 7C meat-based products: 6%C; other chilled products: &C france depends on stage of production, e.g. in retail, storage at <4C <8°C The Netherlands max 8C imposition of good manufacturing and good hygienic practices on food operators. Temperature control elements have not yet been harmonised, the draft consolidated text simply giving the requirements from regulations being consolidated. For example, various maximum temperatures are given for milk being held for collection and during its transport, and on certain aspects of the processing of meat and poultry meat. Examples of temperatures stipulated in tional legislation are given in Table 16.2 The EC food labelling directive(79/112/EEC, as amended) already impinges on chilled foods inasmuch as foodstuffs, which are microbiologically highly perishable, must be labelled with a use by date. The date must be followed by a description of the storage conditions that must be observed(EC 1989a). In addition, foods whose shelf life has been extended by being packaged in any so authorised packaging gas are required by Directive 94/54(EC 1994b)to be labelled with the phrase packaged in a protective atmosphere. EU labelling rules are being consolidated with the aim of simplifying and clarifying Community laws to make it clearer and more accessible to consumers(Ec 1999b) The future of EU food safety activity is currently a matter of discussion, with support being evident for the creation of a European food standards agency. Currently, food matters are divided between DGlll (Internal Market), DGVI (Agriculture)and DGXXIV(Consumer Protection). In terms of European-level industry standards, there is little support in the chilled food sector for the production of Guides under 93/43/EEC since these are viewed as being over- simplified and bureaucratic to produce, potentially resulting in them not reflecting the highly technical detail required by the sector. ECFF is the representative body for national organisations or manufacturers of chilled prepared foods in European countries. ECFF in 1996 published Guidelines for Good Hygienic Practice for a wide spectrum of chilled foods which are based on the 1993 edition of the Chilled Food Associations(CFA) guidelines that were revised and updated in 1997. The approach in both texts is similar, i.e. application of full HACCP (in accordance with Codex 1997b), separation of the manufacturing area into segregated areas of which there are three categories(GMP, High Care and High Risk Areas) and specification of thermal processes. High Care Areas are designed for the handling
imposition of good manufacturing and good hygienic practices on food operators. Temperature control elements have not yet been harmonised, the draft consolidated text simply giving the requirements from regulations being consolidated. For example, various maximum temperatures are given for milk being held for collection and during its transport, and on certain aspects of the processing of meat and poultry meat. Examples of temperatures stipulated in national legislation are given in Table 16.2. The EC food labelling directive (79/112/EEC, as amended) already impinges on chilled foods inasmuch as foodstuffs, which are microbiologically highly perishable, must be labelled with a ‘use by’ date. The date must be followed by a description of the storage conditions that must be observed (EC 1989a). In addition, foods whose shelf life has been extended by being packaged in any so authorised packaging gas are required by Directive 94/54 (EC 1994b) to be labelled with the phrase ‘packaged in a protective atmosphere’. EU labelling rules are being consolidated with the aim of simplifying and clarifying Community laws to make it clearer and more accessible to consumers (EC 1999b). The future of EU food safety activity is currently a matter of discussion, with support being evident for the creation of a European food standards agency. Currently, food matters are divided between DGIII (Internal Market), DGVI (Agriculture) and DGXXIV (Consumer Protection). In terms of European-level industry standards, there is little support in the chilled food sector for the production of Guides under 93/43/EEC since these are viewed as being oversimplified and bureaucratic to produce, potentially resulting in them not reflecting the highly technical detail required by the sector. ECFF is the representative body for national organisations or manufacturers of chilled prepared foods in European countries. ECFF in 1996 published Guidelines for Good Hygienic Practice for a wide spectrum of chilled foods which are based on the 1993 edition of the Chilled Food Association’s (CFA) guidelines that were revised and updated in 1997. The approach in both texts is similar, i.e. application of full HACCP (in accordance with Codex 1997b), separation of the manufacturing area into segregated areas of which there are three categories (GMP, High Care and High Risk Areas) and specification of thermal processes. High Care Areas are designed for the handling Table 16.2 Country Chilled storage Belgium max. 7ºC Denmark 5ºC Finland meat-based products: 6ºC; other chilled products: 8ºC France depends on stage of production, e.g. in retail, storage at 4ºC Italy meat products: 1 to 7ºC; fish products: 0 to 4ºC Spain 0–3ºC Sweden 8ºC The Netherlands max. 7ºC UK max. 8ºC 460 Chilled foods