SOFHTFOCUSTHE MAGAZINE OF THE SOCIETY OF FOOD HYGIENE AND TECHNOLOGY www.sofht.co.uk

ISSUE 67 SPRING 2013

WITHIN REACH? FOODSUPPLY CHAIN INTEGRITY

How could the industry havegot it so wrong?

TESTING THE GLOBAL FOOD CHAIN

One of the most significant issues to hit the food industry in years

THIS YEAR IT’S HORSEMEAT Looking at the legalities around

the substitution and mislabelling of products

ISSN 2040-607X

FOODFRAUD

Let theinvestigations

begin

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3 SOFHT FOCUSSPRING 2013

CONTENTS

3 SOFHT FOCUS

CONTENTS ISSUE 67

News 4 So you think you know about food hygiene? New Members

Within Reach? Food Supply 7-8Chain IntegrityHow could the industry have got it so wrong?

SOFHT 9News and events calendar

Testing the global 10-11 supply chain One of the most significant issues to hit the food industry in years

Food Fraud - this year it’s 14-15horsemeat!The horsemeat scandal is the latest fraud to be associated with the food industryEvaluating employees 18 As manufacturing Technicians

�e entire contents are protected by copyright and may not be used without prior arrangement.�e views expressed by the authors of articles in SOFHT Focus do not necessarily represent those of �e Society.

ISSN 2040-607X

7-8

The food industry has never before been the subject of so many headlines, YouTube clips or the basis of so many jokes (even some funny ones). How did this happen? Can we recover a reputation

for wholesome products and trustworthy labelling in the uk? This edition of the SOFHT FOCUS is dedicated to food fraud and the recent events in the meat industry in uk and wider afield. We take a look at the implications of the legal situation and future auditing and testing of the food supply chain. We have excellent articles from Kathryn Gilbertson Director of Greenwoods Solicitors, David Edwards Executive Director of NSF International and Bill Thompson Chief Executive of Genetic ID giving us the benefit of their experiences in dealing with this unravelling situation and their view of where the solutions may lie.

Gary Hoyle, Assistant Editor SOFHT Focus

4

9

10-11

Editor: Fiona Kibby Assistant Editor: Gary Hoyle SOFHT Operations Director: Su WerranAdvertising: Contact the SOFHT office

Designed, produced & published by:The Society of Food Hygiene and TechnologyThe Granary, Middleton House FarmTamworth, Staffs B78 2BDTel: 01827 872500Fax: 01827 875800Email: admin@sofht.co.ukwww.sofht.co.uk

Recent events in the food industry have made me think about what progress we have made over the years and whether the adulteration of food will always be with us or how we will beat the fraudsters

that are determined to test our systems, and how far do we go with ‘testing the unexpected’.

For all members who may need some advice we have our Technical Helpline available to discuss your queries or concerns, along with access to a number of analytical and consultancy companies for all your testing needs.

In addition we have launched a range of Technical Briefing sessions in association with our Supporting Company Member (SCM) Byotrol. These are free of charge to our members and will cover some great topics such as Norovirus, Campylobacter, Listeria, Food Hygiene Back to Basics and Food Safety & Profitability. Keep an eye out for our email notifications as this is another great benefit for our membership.

As we prepare for the Annual Luncheon in November we welcome any donations from our members to help raise money for our charity ‘Camille’s Appeal’. If you have access to football tickets, racing days or can donate a hamper or a case of wine we would love to hear from you. To achieve our target of raising £5,000 would be a fantastic achievement for such a worthwhile cause.

Please also don’t forget that we will be awarding a free lifetime membership to our 500th member to join the Society at the Premium Individual level!

Catherine Watkinson, Chair

18

14-15

MESSAGE FROMYOUR CHAIR

THOUGHTS FROMTHE EDITOR “

4 SOFHT FOCUS SPRING 2013

SOFHT NEWSSOFHT NEWS

NEW MEMBERSWe are pleased to welcome the following members to SOFHT who have joined in the last six months. Further information on company members is available via the SOFHT website at www.sofht.co.uk/membership/

Studying for a food related undergraduate degree course? The Society of Food Hygiene

and Technology (SOFHT) is looking for the food industry talent of the future so why not enter the new SOFHT Student Award 2013?

Dedicated to the promotion of the importance of food safety since 1979, SOFHT is an independent organisation comprised of members sourced from the fields of food manufacturing, processing, retailing, quality control, monitoring and testing.

Entries should be typed, 1.5 line spacing and submitted either by email or by post to SOFHT by 31 May 2013.

How to EnterWe would like you to write a 2000

word dissertation in response the following scenario which has been set by one of the SOFHT Directors:

‘According to the Food Standards Agency, Camplyobacter remains a real concern, with levels reported by the Health Protection Agency continuing to grow. Discuss what steps the industry in particular the poultry industry, needs to take to reduce the levels of reported cases?’

Enter the SOFHT Student Award 2013, sponsored by Diversey Sealed Air, with a chance to win an internship with a major food company and a cash prize!

So you think you know about food hygiene?

Membership Company/person

Sally Roe Ind StandardNightshift Pest Control BronzeResidual Barrier Tech. Ltd Bronze

The following are all Student new members:A Abraham Middlesex UniversityA Afilaka Middlesex UniversityO Aigbe Kenneth Middlesex UniversityO Albayrak Middlesex UniversityN Alotaibi Coventry UniversityY Alotaibi Coventry UniversityC Babalola Middlesex UniversityS Bacon Middlesex UniversityD Baish Middlesex UniversityS Baker Middlesex UniversityL Banda Middlesex UniversityS Beatty Middlesex UniversityK Bell Middlesex University

B Biswas Middlesex UniversityK Cenac Middlesex UniversityS Charaniya Middlesex UniversityS Clack Middlesex UniversityM Cleghorn Middlesex UniversityL Colby Middlesex UniversityM Cox Middlesex UniversityC Day Middlesex UniversityA Edlarafi Middlesex UniversityK Fabiola Middlesex UniversityD Friday Middlesex UniversityS Garrett Middlesex UniversityK Gingell Middlesex UniversityD Greene Middlesex UniversityR Hall Middlsex UniversityA Hawkes Vale of Glamorgan UniL Hemsworth Middlesex UniversityJ Hepburn Teeside UniversityM Higgins Middlesex UniversityS Higham Cardiff UniversityP Hodgson Middlesex UniversityG House Middlesex UniversityJ Howard Middlesex UniversityM Hutchins Middlesex UniversityD Izuchukwu Middlesex UniversityS James Middlesex UniversityF Kalikwani Middlesex UniversityL Lake Middlesex UniversityM Leska-Terka Middlesex UniversityJ Lomax Middlesex University

Mach Mujih Middlesex UniversityF Mangal Middlesex UniversityH McAuliffe Middlesex UniversityB Muchekesi Middlesex UniversityB Musonda Middlesex UniversityW Muwonge Middlesex UniversityD Nakabbo Middlesex UniversityK Nur Middlesex UniversityS Nyunt Middlesex UniversityS Ofosuhene Middlesex UniversityJ Okeh Middlesex UniversityO Olaosebikan Middlesex UniversityM Owusu Koduah Middlesex UniversityP Power Middlesex UniversityS Sharif Middlesex UniversityC Shepherd Middlesex UniversityC Sibanda Middlesex UniversityA Skaunicova Middlesex UniversityC Smith Middlesex UniversityA Spencer Hill Cardiff UniversityA Strycharska Middlesex UniversityM Stupu Middlesex UniversityS Thirkettle Middlesex UniversityH Tice Middlesex UniversityA Tsikira Middlesex UniversityM Vaz Middlesex UniversityG Vickers Middlesex UniversityJ Walsh Middlesex UniversityZ Zaman Middlesex University

Winner £250 cash PLUS internship at a leading food company and a place at the SOFHT

Annual Luncheon in November 2013

Second prize - £100 cash

Third prize - £50 cash

Award 2013S TUDEN T

For full details on entry

requirements go to

http://www.sofht.co.uk/sofht-student-

award-2013/

JOIN SOFHT STUDENT MEMBERSHIP AND BENEFIT DESIGNATION AMSOFHT find out more: www.sofht/membership/grades-and-benefits-explained/

ALL STUDENTS

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FEATURE

The recent revelation of large scale and criminal food fraud involving

the adulteration of processed meat products with horsemeat has cost the market, directly and indirectly, millions of euros in costly product withdrawals, loss of sales and brand reputation, source and supply issues, consumer nervousness and lack of trust. At one point in January £300 million was wiped off Tesco‘s market value alone in a 1% drop in share price.

As the scandal continues to unfold into a full scale international investigation into adulteration of meat products – one of the latest findings has been the presence of ‘unknown’ meat in a takeaway lamb curry in this country, while goat, donkey and water buffalo have all turned up in sausages and burgers in South Africa – it has become apparent that food fraud is endemic and routine and happening all the time - driven by the huge financial incentives for criminals and favoured by the complexity and non-transparency of the supply and

distribution networks. This is not just a problem in meat, the US is currently exercised by fraudulent mislabelling of seafood, with a recent study finding 44% of retail outlets visited selling mislabelled fish.

The scandal continues to unfold into a full scale international investigation

Fraud is high value with relatively low penalties for criminals and favoured by the inherent weaknesses that lie within the food industry’s complex supply networks. This is well illustrated by the fact that a tonne of beef mince has a value of about eur 2500 whereas a tonne of horse meat one tonne is worth about eur 800, so a 200% profit is available. Taking the example of the Swedish company Findus, it used Comigel , a French company, to make its processed meals in Luxembourg. Comigel sourced the meat from Spanghero in the south of France who employed an agent in Cyprus. The Cyprus agent used another agent in the Netherlands

which sourced its meat from an abattoir in Romania. Why has this happened? At least in part because buyers seek to drive down the cost of ingredients... and maybe are not asking enough questions about how it’s obtained. The scope for criminal adulteration or contamination at any step of the distribution network can easily be seen.

Retailers, manufacturers and distributors have acted swiftly and responsibly to withdraw suspect products from sale and conduct further detailed investigations into the integrity of their processed meat supplies. Immediate measures have included increased testing, more detailed traceability auditing, a focus on accuracy of product specifications and a commitment to shortening and simplifying supply networks by sourcing more locally.

NSF International (formerly NSF-CMi) supports a wide range of international retailers, manufacturers, processors and livestock/agriculture businesses with the provision of audit, inspection, consulting and technical services, including the

In light of the recent detection of horse, pork and other meats in processed beef products, David Edwards, Director NSF International, highlights how retailers, manufacturers and distributors are working to ensure the integrity of their meat supplies and what more can be done to help food businesses protect their brands.

AUTHORDavid Edwards,

Executive Director, NSF International

David is a respected food

safety expert with more than 25

years commercial experience in

the food safety industry and is a

board member of CIEH Ltd, the

Chartered Institute of Environmental Health. He was a founding director

of CMi plc prior to its acquisition by

NSF International in 2008. David

provides strategic support to UK

Government and leading European

retailers and restaurant chains, and has developed consulting models

that are used worldwide. He

has recently been involved in

innovative work to develop behaviour-

based food safety management systems and

technologies.David is a regular

contributor to radio and television on

food safety issues and a co-author

of BBC’s ‘Food Check’ book.

Within Reach?Food Supply Chain Integrity

8 SOFHT FOCUS SPRING 2013

FEATURE

facilitation of product testing to detect non-specified species DNA. In responding to the latest concerns, we have seen increasing demand for our supply chain assurance services, including the detailed compilation and verification of product specifications to ensure that products are safe, legal and accurately describe the nature and origin of all raw materials and ingredients used.

In particular, we have, in response to the need for an enhanced focus on the traceability of all key product ingredients developed our own standard, The NSF Integrity and Traceability Audit Standard (IAT) which provides a rigorous assessment of a site’s ability to manufacture products to the agreed specification and ensures that suitably robust controls are in place to prevent possible cross-contamination of non-specified ingredients. Although the current focus is on the integrity of processed beef and other meat products, this standard is aimed at manufacturers across a wide supply base and is devised to ensure that they are producing legally compliant food, free from adulterant or unacceptable contaminants.

In addition to these audit and inspection support services, NSF is working closely with many food businesses to ensure that product specifications agreed between raw material suppliers and food manufacturers and food manufacturers and retailers, are comprehensive and accurately describe the formulation, raw materials used including quality and origin, process, safety and quality controls applied, such that products can be accurately labelled and described with confidence.

This is clearly of great importance and criticality with regard to the manufacture and supply of processed meat products.

Whilst current investigations are likely to expose the full extent of any fraudulent activity that has already taken place within the meat products supply sector, it is clear that events such as this emphasise the need for new and more rigorous assurance procedures in restoring high levels of consumer confidence. How could the industry have got it so wrong? Why is it that systems previously thought to be robust have failed so dramatically - to an extent that has surprised even the most hardened industry insiders? One industry source likens the food fraud model to that of arms dealing – a huge amount of money can be made by criminal activity – and therefore the motivation is high as is the ability to make huge investments in that activity.

Malcolm Kane, consultant and expert

in criminal food fraud, former Head of Food Safety at Sainsbury’s, comments that part of the current issue is the EU law on traceability. Every company must show due diligence by being able to trace their product back to the previous step in the supply ‘chain’ and that previous firms in the ‘chain’ have done the same. Whilst retailers would like to claim complete transparency along their whole supply chain, in reality this is often not the case because there is too much reliance on a paper documentation trail whilst there is relatively little physical product inspection or process verification during the audit process.

How could the industry have got it so wrong?

Improved intelligence alongside improved detection appears to be the answer. Random testing and traceability certainly have their place and in light of recent events it is clear that there has been too much reliance on systems (which rely on everyone doing what they are supposed to do), but the biggest opportunity to fight fraud is to understand where and how it might occur next. That means analysing the past history and patterns of fraud and modelling future scenarios. The products most vulnerable to fraud are well known and include seafood, olive oil, milk, wine, fruit juice and spices. NSF is currently discussing a research project with the FSA to develop models for identification and detection of fraud.

Testing has its place and the number of regulatory and industry product inspections have increased dramatically since the scandal broke. However, the more inspection the more discovery as has become clear - and inspection is costly – you cannot inspect everything all the time. Ultimately only the big players would be able to bear the cost of more burdensome inspection regimes, potentially leading to market contraction and loading more costs onto consumers.

The EU is looking at a number of measures to improve transparency and information sharing in the future. These include shared food authenticity alerts that would allow all EU countries to see each other’s alerts and extending regulations on declaration of country of origin to all meats.

NSF International is also working in collaboration with industry scientists, academics and experienced practitioners to develop proactive, multi-disciplinary approaches that bring together a combination of new technologies, powerful

data analysis and models drawn from inside and outside the food industry, in order to provide enhanced guidance for the industry in terms of the longer term requirements to protect the legitimate food supply network and build global consumer confidence.

The use of technology and the development of new analytical techniques clearly have a role to play in promoting traceability and transparency. The RASFF (Rapid Alert System for Food and Feed) database was set up by the European Commission to provide food and feed control authorities with an effective tool to exchange information about measures taken responding to serious risks detected in relation to food or feed. The aim is that this exchange of information helps Member States to act more rapidly and in a coordinated manner in response to a health threat caused by food or feed. It is massive information source which to date has been too unwieldy to easily data mine and extract meaningful and usable information. However new techniques of network analysis being developed by Professor Declan Naughton at Kingston University in the UK are providing tools that can digest enormous amounts of data such as these global food alerts, to rapidly identify a global picture of potential pressure points and where the points of transgression and control are to be found globally. In this way patterns of transgression can be traced as they emerge. Similar systems could be used to analyse supply and distribution networks in product recalls.

In the opinion of the expert food fraud working group put together by the NSF Consulting Group under the chairmanship of Terry Babbs, formerly Group Ethical Trading Director at Tesco, there is a requirement for more joint working between the food industry and the regulatory authorities and enforcement agencies, and the industry needs better data, improved analysis and new tools, and improved understanding of the underlying scientific, economic and cultural issues. This expert group which includes leading academics, food safety practitioners and supply chain experts will be reporting shortly on specific measures that can be taken.

For more information or to register

interest in a copy of the NSF Consulting

Group Food Fraud report contact Lesley

Thompson, Head of Marketing on +44 (0)

1993 885684 or consultinggroup@nsf.org

SOFHT

Diary datesSOFHT Technical Briefing - Norovirus 30 April 2013 Byotrol Science Park, Daresbury (10am - 2pm)

SOFHT Technical Briefing - Ensuring Safety & Profitability 26 June 2013 Tomato Room, Asda, Leeds (6.30pm - 8.30pm)

A conference to assess hand hygiene compliance and controls 2 July 2013 SOFHT Conference & Exhibition in partnership with DEB at Moor Hall Hotel, Sutton Coldfield, B75 6LN

SOFHT Technical Briefing - Food Hygiene - Back to Basics 24 September 2013 SOFHT Conference Room, Middleton (10am - 2pm)

Breakfast ClubsAll events held at SOFHT Conference Room, The Granary, Middleton, Staffs

EVENT DATE

Customer Complaints Management 1 May 2013

Emerging Cleaning Technologies 14 May 2013

Sprouted Seeds Requirements and 21 May 2013EU Hygiene negotiations

HALAL 4 June 2013

A Focus on E.coli 18 June 2013

Retailer Visits/Audit Awareness 25 June 2013

Challenges in Pest Control 9 July 2013

Food Defence – Are You Prepared? 3 September 2013

The Bribery Act 2012 17 September 2013

Successfully Defending Potential 1 October 2013Enforcement Action

SOFHT Training AcademyAll events held at SOFHT Conference Room, The Granary, Middleton, Staffs

EVENT DATE

Root Cause Analysis 2 May 2013

HACCP verificaton & validation 16 May 2013

Internal Audit 23 May 2013

Inspector Calls 13 June 2013

ISO 22000:2005 Explained 27 June 2013

Intro. to Supplier Quality Assurance 4 July 2013

Food labelling & Legislation 19 September 2013

Internal Audit 26 September 2013

Acheta/SOFHT Managing Your 3 October 2013Pest Control Contract

SOFHT Events Calendar

To book on any of the above events go to www.sofht.co.uk or please call the

SOFHT office on 01827 872500

ILS a leading supplier of contract food and pharmaceutical testing had a fire on 19th February 2013 which damaged their testing facilities. Since the fire ILS have continued to supply a service to their customers. Plans are now well advanced to return to full operations and to continue to supply a comprehensive range of Microbiology and Chemistry analyses to our customers.

The Food Chemistry business has been totally unaffected by the fire and continues to operate normally, currently providing an invaluable service including ELISA horsemeat testing during this period of industry concern.

Working in partnership with our clients to provide

a tailor made, all-round service is one of our top

priorities this we will continue to do.

Membernews

SOFHT Lecture, Annual Luncheon & Awards 2013Thursday 28 November 2013The Landmark Hotel, 222 Marylebone Road, London NW1 6JQ

Entertainment after the lunch - Jo EnrightHighly acclaimed comedienne

To reserve your place(s) please contact Su Werran, Operations Director suwerran@sofht.co.uk

Lecturepresented by: Professor Hugh Pennington

Are kindly sponsoring this year’s Annual Luncheon

The professional approach to laboratory testing

We are delighted that Panesar Foods have upgraded to join the group of companies that are the stalwarts of our Society. The Supporting Company Members help provide the back drop to a successful organisation ensuring that we have resources and keep the society’s activities current and accessible to all members and non members.

Panesar Foods has grown from a range of just 4 products to an offering of over 750 different products by working closely with their customers. Whether for speciality and mainstream brands, or for own label brands Panesar Foods has developed a reputation for customer service and a refreshingly transparent approach to business.

9SOFHT FOCUSSPRING 2013

NEW Supporting Company Member for SOFHT!

10 SOFHT FOCUS SPRING 2013

FEATURE

testing the global supply chain

Routine testing carried out by the Food Safety Authority of

Ireland (FSAI) as part of its routine food monitoring programme which discovered horse and pig DNA in value beef burgers has ended up becoming one of the most significant – and potentially costly - issues to hit the food industry in many years.

Further tests revealed not only the discovery of horse DNA but that several ready meals labelled beef were, in fact, almost all horse meat. The story demonstrates the complexities of the global food supply chain and the increased need for robust testing programmes in order for manufacturers and retailers alike to protect their brands.

Food fraud is not new and has been around for centuries with examples such as the adulteration of imported tea with iron filings in the 19th century. In 2008 food fraud was estimated to be costing UK consumers up to £7million per year, with as much as 10% of all foodstuffs suspect (1). More recently, a survey found 7% of processed cod products in the UK and 28% in Ireland were mislabelled (2). Clearly, as the food industry opens up more food supply channels across the world, the issue is set

to become more prevalent, and the requirement for accredited testing will be increasingly significant.

Real Time Polymerase Chain Reaction (PCR) testing

Methods of analysis are becoming more and more sophisticated to detect mislabelling and measure adulteration with advanced biological techniques such as DNA analysis is now used to support the classical physical and chemical techniques.

Real time Polymerase Chain Reaction (PCR) testing can be used to test for unwanted plant or

animal species such as the presence of porcine DNA in Halal certified products or equine species DNA in meat products for example. In the case of ‘food fraud’ the PCR test can be a powerful tool since it can detect product that should not be there – the false use of goat’s milk instead of sheep’s milk in cheese production for example. As well as its accuracy – PCR tests such as those offered by Genetic ID - can determine contaminations of foreign DNA of < 1 % in relation to the DNA amount. PCR is also a fast test method, with results available in as little as 12-24 hours.

The discovery of of undeclared meats including horsemeat has ended up becoming one of the most significant and potentially costly issues to hit the food industry in many years, Bill Thompson explains

11SOFHT FOCUSSPRING 2013

Ensure Accredited Tests and Robust Results

In the flurry to undertake testing food manufacturers must, however, be vigilant to choose accredited tests to ensure the robustness and validity of the results. The quality of PCR testing may vary considerably from company to company. Finding the right laboratory with the correct tools and understanding of the issues involved in food authenticity will be essential for many businesses in the forthcoming months. Labs should have structured control system in place, standards and operational checks and balances in place to stop analytical errors from occurring and guarding against fake positives and false negative.

More than just meat!The authenticity of products is far

reaching and not just confined to the supply of meat products. The kind of questions that every consumer needs to ask, among others, includes:

Is that pricey 100% freshly squeezed Florida juice really from Orlando? Is it adulterated with sugar syrup? Is that really Atlantic cod in my fish and chips or some or protected fish from a different region? Is this really wild Alaskan salmon or much cheaper, farm raised?Genetic ID’s food authenticity testing

programme can minimise the chances

of becoming a victim of false claims and avoid the resulting challenges to the business. Test results from the authenticity programme offer greater protection when purchasing ingredients, manufacturing goods, or selling to end users, retailers and consumers.

In global food supply, knowing that supplies are authentic and have not been illegally or fraudulently sourced or labelled is now more important than ever, especially in light of recent news.

There are many processes available to help brand owners protect their investments and undertaking third party independent testing is the only way that to guarantee product integrity.

(1) Food Fraud Costing Shoppers £7bn a year (Which April 2008)(2) Food & Drink Europe.com Nathan Gray 19 July 2011

AUTHORBill Thompson,

Chief Executive of Genetic ID, one of Europe’s leading food authenticity

laboratories looks at the hot topic of

‘food fraud’ and the kind of testing

measures that food manufacturers can undertake to verify

the authenticity of their meat

products.

Want to find out more about Food Authenticity?

Genetic ID’s sister company, FoodChain Europe is hosting its second Food Fraud conference on Tuesday 21 May in Birmingham.

With speakers from The British Frozen Food Federation, DEFRA, The Marine Stewardship Council, Trading Standards and Global ID, the

one day conference is your chance to find out the latest on the issue that has dominated the year so far. Experts will guide delegates through the complexities of the global supply chain, how food fraud can occur, the potential damage that the problem can cause to brand identity and the steps that can be taken to ensure the validity of food ingredients.

FoodChain Europe highlighted the issue of food fraud back in 2011 and now many of the problems that we discussed at our conference two years ago have, unfortunately, become a reality. This 2013 conference will give delegates the chance to hear the latest on how companies manage the issue as well hearing from industry bodies such as DEFRA and Trading Standards on the steps that are being taken to make the enforcing bodies more vigilant to food fraud.

For more information or to book a place at the conference contact info@foodchainadvisors.eu or telephone 01675 475 775.

For more information on Food Authenticity Testing contact info@genetic-id.de or visit www.genetic-id.deor for Genetic ID UK sales call Cert ID Europe on 01675 475607

13SOFHT FOCUSSPRING 2013

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AFNOR Certification for 3M Molecular Detection System Salmonella Assay

3M’s Food Safety department has announced its Molecular Detection Assay Salmonella has received an extension of the current NF VALIDATION

certifi cate from AFNOR Certifi cation. The Paris-based expert committee found 3M’s assay to be as or more effective than standard methods for detecting Salmonella spp. in seafood and vegetable products as well as in environmental samples taken from food processing sites. This follows AFNOR Certifi cation’s validation in December 2012 of the same product’s effi cacy fi nding Salmonella spp. in egg, meat and dairy products. Based on these two sets of data, the certifi cation is now granted for all food categories and environmental products.1

To obtain NF VALIDATION certifi cation, the Molecular Detection Assay Salmonella test kit from 3M went through a comprehensive scientifi c review process. The assay was tested by an expert independent laboratory against EN ISO 6579, the worldwide standard for detecting Salmonella spp. Next, collaborative studies were conducted by 18 other laboratories from seven different countries to ensure the test method could be effectively reproduced and repeated.

“Salmonella can be found in a wide variety of foods and surfaces,” said Marie-Pierre Copin, 3M’s European regulatory affairs specialist for Food Safety. “Having AFNOR Certifi cation’s recognition for detecting the organism in so many types of samples is a testament to the technology’s robust and versatile capabilities.”

Now used in at least 33 countries, the 3M Molecular Detection System was introduced to food processors, third-party reference laboratories and other customers in the UK and Ireland in June 2012 along with Molecular Detection Assays for E.coli (O157 including H7), Listeria and Salmonella. Leveraging isothermal DNA amplifi cation and bioluminescence detection technologies, it simultaneously pinpoints and amplifi es nucleic acid in enriched food and food process samples.

“It’s a great accomplishment that this technology has been comprehensively validated to detect such a common and harmful organism throughout the world,” said Niki Montgomery, global marketing manager for 3M’s Food Safety department. “Its increasingly proven accuracy is a perfect complement to its simplicity and ease-of-use.”

For more information or to arrange a trialcall 01509 613 859 or visit www.3M.com/pathogens

1 Products excluded for the certification: spices, aromatic herbs, instant coffees and teas, bouillon cubes, concentrates, milk powders and cocoa powders

FEATURE

14 SOFHT FOCUS SPRING 2013

Food Fraud- this year it’s horsemeat!

In the past these have included Sudan red dyes being found in pickles and chilli powder, and

the inaccurate labelling of frozen fish. As the investigation into horsemeat contamination continues other meats have been identified as not being accurately labelled pork meat being found in beef and chicken products etc.

Is this yet another example of professional and well-organised criminals being involved in the international meat trade?

It is worth remembering what the legal requirements are for meat and meat products and to put this in context. The General Food Law Regulation (EC)178/2002 was adopted by the European Parliament and the Council back in 2002. This provides a framework to ensure a coherent approach in the development of food legislation and to harmonise existing national requirements. This ensures the free movement of food and feed in the EU. Its impact in the UK was to amend the Food Safety Act 1990, so as to make it compliant with EU requirements.

The starting point is - any meat that is intended for, or is sold for human consumption, or is used by a food business in the UK must meet the general safety requirements of the Food Safety Act 1990 and Regulation 178/2002, and must have been:

produced in an approved or registered establishment as appropriate under the EC Hygiene Regulations; produced in accordance with the relevant hygiene conditions in third countries; and appropriately health marked or identification marked.Local authorities are primarily

responsible for the enforcement of food

legislation relating to meat imported from non-EU countries legally, or illegally once it has passed through the port or other point of entry. These responsibilities include meat that has been imported commercially.

Local authorities are primarily responsible for the enforcement of food legislation relating to meat imported from non-EU countries

So if you are the food business operator (FBO) you should check that your meat or meat products have been:

produced in the UK or in another EU Member State; and is marked with a legible health mark or identification mark, either stamped on the carcass or labelled on the packaging.If you can satisfy yourself that your

meat can satisfy these then it can normally be assumed to have been legally produced.

However, occasional checks should still be made to verify authenticity by tracing the meat back through the distribution chain (since previous meat scandals have revealed the use of false health or ID marks and the re-packaging of illegal products by those involved in food fraud). As an FBO, you can expect the Environmental Health Practitioner to analyse your documentation going forward. It is reasonable to expect that delivery notes, invoices etc. will be checked and where appropriate the EHP can make further investigations with other relevant local authorities.

Also, FBOs are required to have in place “systems and procedures” to demonstrate the traceability of food supplied to them or by them to other businesses. Whilst in most cases there are no specific requirements for documents to be present, you should expect enforcement officers to ask questions to verify full traceability and it would be wise to take steps to ensure that this obligation is met.

What this all means in practical terms

is that the primary responsibility for ensuring compliance with food law, and in particular the safety of the food, is placed on the food business itself.

Reality check - what the law requires for meat

Regulation (EC) No. 178/2002 prohibits the placing of unsafe food on the market. It also places a number of obligations on food business operators in the meat industry in relation to the labelling and presentation of food, traceability and product withdrawal.

Article 14: Prohibition on placing on the market of unsafe food

Article 18: The requirement to have “systems and procedures” in place to assure traceability of food, feed and food-producing animals supplied to the business or by the business to other businesses. All food businesses supplying on a wholesale basis must be able to demonstrate, on demand, where the food was supplied from and to whom it is to be supplied. Failure to comply with this requirement is an offence under Regulation 4(c) of the General Food Regulations 2004 (as amended).

Article 19: The requirement to withdraw food from the market under certain circumstances and notify the competent authority

Regulation (EC) No. 852/2004 sets out general hygiene rules in the form of objectives for “good hygienic practices” to be applied by all food businesses to protect consumers. These include structural, cleaning, maintenance and certain training requirements. The combined implementation of these “pre-requisite” hygiene requirements and permanent procedures based on the HACCP principles should together form the operator’s food safety management system. The Regulation applies to most food businesses from market stalls to slaughterhouses.

Regulation (EC) No. 853/2004 lays down additional hygiene rules for the handling of products of animal origin and includes additional structural and

The horsemeat scandal is the latest fraud to be associated with the food industry.

15SOFHT FOCUSSPRING 2013

FEATURE

AUTHORKathryn

Gilbertson, Director

Business Defence,

Greenwoods Solicitors LLP.

Kathryn heads up the

regulatory and risk

management team. She is

an experienced regulatory

lawyer providing strategic

compliance advice and,

when required defending

companies for breach.

operational requirements for meat production. Establishments involved in the handling and wholesale supply of such foods will require approval from the Agency. Food produced from such establishments must bear a health mark or identification mark. Annex I to the Regulations provides some key definitions. Annex II specifies the use of identification marking and the documentation requirements for the movement of animals to slaughterhouses. Annex III identifies the hygiene requirements that establishments falling within the scope of this regulation must comply with in addition to those specified in Regulation (EC) 852/2004.

The Food Safety Act 1990 (as amended)

Despite the changes in food hygiene legislation, the Food Safety Act 1990 (as amended) remains in force. Local Authorities will bear in mind that the Act has been amended to bring it into line with Regulation 178/2002 by the Food Safety Act (Amendment) Regulations 2004 and the General Food Regulations 2004 (as amended).

The main provisions of the Act that are relevant to the control of illegal meat are:

Section 8: Stipulates that food is “failing to meet food safety requirements” if it is unsafe within the meaning of Article 14 of Regulation (EC) 178/2002.

Section 9: Provides for the inspection, detention and seizure of food failing or suspected to be failing to meet food safety requirements

Section 14: Creates the offence of selling food for human consumption which is not of the nature or substance or quality demanded by the purchaser.

Food Hygiene (England) Regulations 2006

Regulation 3: This contains the presumption that any food that is commonly used for human consumption that is found in establishments used for the preparation, storage or sale of that food, is for sale for human consumption until the contrary is proved.

This means that an authorised officer will presume that any meat found in an establishment which is used for the preparation, storage or sale of meat is for sale for human consumption. The

Officers can therefore use any of their powers under the Regulations to deal with the meat unless somebody else proves that the meat is not for sale for human consumption. A mere comment from the FBO that it “wasn’t for sale” is insufficient.

Regulation 27 allows an authorised officer, on inspection of any food, to certify that it has not been produced, processed or distributed in accordance with the “Hygiene Regulations”. A standard pro-forma certificate is used by enforcement officers. Food certified in accordance with Regulation 27 may then be deemed as “failing to comply with food safety requirements” for the purposes of Section 9 of the Food Safety Act 1990 and seized using that provision.

Regulation 27 is a very important tool in illegal meat enforcement. Its main advantage is that, following certification of food in accordance with Regulation 27, it may be treated as “failing to comply with food safety requirements” as per Section 8 of the Act without having to demonstrate that it is actually unsafe within the meaning of Article 14 of Regulation 178/2002, which would be the case if Section 9 of the Act was used in isolation.

Where satisfactory evidence is not available, the EHP will certify that the meat fails food safety requirements because it has not been produced, processed or distributed in compliance with the Hygiene Regulations. They will seize the meat under Section 9 of the Food Safety Act 1990. In cases where there is real uncertainty, the meat would be detained under Section 9 of the Food Safety Act 1990. Detention will allow time for further investigations and for the person in control of the meat to provide evidence (i.e. documentation) to confirm any exemptions which apply.

For the food business operator - next steps

Full traceability of meat and meat products is essential going forward. Lists of approved UK establishments can be checked on the Food Standards Agency’s website and or on the European Commission’s website.

Organisations should consider implementing a protocol of full documentary traceability of high risk meat products. This could include sampling of

products and verification of meat species through laboratory analysis.

For the enforcement officer - action against the criminal

Given the high profits that can be made from food fraud, enforcement officers should make use of the Proceeds of Crime Act 2002 during their investigation. It may be appropriate to apply for a Restraint Order. This Order would effectively freeze the criminals’ assets prior to the Court making a Confiscation Order. This act has been successfully used to deal with money laundering and drug dealing offences. There is no reason which it cannot be used to tackle food fraud.

A cultural shift is needed by those who specify the content or procure meat products based solely on price point. It is culture of “turning blind eyes” which has compounded the horsemeat scandal.

SummarySuccessful prosecutions and prison

sentences may act as a deterrent to the fraudsters. But a cultural shift is needed by those who specify the content or procure meat products based solely on price point. It is culture of “turning blind eyes” which has compounded the horsemeat scandal.

In my opinion, food businesses need to call upon their specialist technical teams both in-house and at any third party auditing company to help them overcome this problem.

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