DG SANTE Unit Alerts and Traceability

Ghislain MARECHAL Food Fraud Network Meeting

30 November 2018 - Brussels

Challenges and opportunities to tackle Food Fraud

EU food is safer than ever Customer/consumer's trust is decreasing.

Paradox

Information distortion: the inability to ascertain "ground truth"

Legal framework to act

R 178/2002 on the General Food Law

R 2017/625 on Official Controls

R 1169/2011 on Food Information to Consumers

R 767/2009 on Feed

Plan for Crisis Management

New references (OCR) but not yet in force.

Operators: ensuring compliance

Authorities: verifying compliance

Commission: Guardian of the Treaties, cooperation, relation with non-EU countries

Current activities on Food Fraud

Food Fraud: the tip of the iceberg

156 178

118

2016 2017 1st semester 2018

236?

Food Fraud: the tip of the iceberg

Threats to public health

Impacts on legitimate trade

Consumers: confidence

Companies: money

Authorities: credibility

Number of notifications increases

1. Do we know what Food Fraud means?

Violation of EU Food Law Intention

Economic gain Deception of customers

Mislabelling / Misbranding

Dilution

Concealment

Counterfeiting

Substitution

Unapproved enhancements

2. How can food safety systems be designed to prevent, detect and mitigate fraud? "Think like a criminal to fight fraud"

Food Safety Systems not specially designed to prevent / fight Food Fraud

Food Fraud Vulnerability Assessment (supply chain mapping, socio-economic/behavioural/geo-political analysis …)

Plan to control identified vulnerabilities (monitoring strategy, origin/label verification, supplier audit, analytical testing strategy, anticounterfeit technology …)

3. How can we better tackle food fraud originating in third countries?

Complexity and cross-border character increase the risk of food fraud

Absence of cooperation /

Reliance on third countries authorities

Equivalence Vs. Compliance

Different requirements (approval, declaration, controls, certification, traceability …)

4. Are MS structures effective in dealing with food fraud?

Food inspectors without forensic capacities

Police inspectors without food expertise

Not necessarily a high priority compared to other criminal activities (when no public health risk)

Possibility to identify emerging risk

Ability to coordinate investigation

Capacity to work on equal terms with other investigative services

5. Powers to conduct inspections/investigations?

Commission controls and "on the spot verifications"

Controls, verifications, inspections, audits, investigations ?

Always announced so operators and competent authorities warned in advance

6. How can we ensure that fraudsters are penalised?

Easy choice: the risks of getting caught are low and there are no proper deterrents

Not traditionally a high priority for prosecution/judicial services

Lengthy process (public health risks)

Lack the necessary range of administrative measures /penalties

7. Information, recall, withdrawal and reporting?

No direct obligation to report or withdraw products when fraudulent or deceptive practices are suspected (whistle-blower protection and food fraud definition absent)

Authorities / Commission deprived of intelligence source

Difficulties for prevention, search, detection and combat for other similar occurrences of fraud

Information

Information

…

Achievements

Undeclared peanuts in hazelnuts consignments / Mislabelling

Not accidental: 14, 16 and 22% substitution

400€ per Ton

Peanuts are allergens Consumer buying peanuts for the price of hazelnuts

1. Violation of EU Food Law

2. Intention

3. Economic gain

4. Deception of customers

Consumer complaint after allergic reaction

Business own check peanuts in ground hazelnuts

Report to DE authorities

Public Health Risk

+ Suspicion of Fraud

Control of shrimps from Vietnam by

MS (Official controls on the market and

Border Controls

Request for an action plan Withdrawal of establishments from EU lists

Use of prohibited drugs (nitrofurans) Mis-uses of antibiotics (exceeding MRLs)

Repetitive behaviour despite warnings / information by authorities

Decreased mortality, use of low cost antibiotics, higher densities

Exposure to genotoxic and carcinogenic substances Antibiotic resistance

1. Violation of EU Food Law

2. Intention

4. Deception of customers

3. Economic gain

19

LEGEND

Qn?

Handler/consignee

Question?/Reminder!/Request

Physical movement of products

Alleged movement of products

Contract

Transport by land

Trader

Allegedcontract

! Illegal practice

Producer

Transportby sea

Next step after investigations

Thank you for your attention

* T

his

is n

ot

an a

pple

*

Thank you for your attention