Additional Legislative Requirements and Systems Required to Combat Food Fraud Dr. Pamela A. Byrne Chief Executive Officer, Food Safety Authority of Ireland The SAAFoST- IUFoST Food Fraud Workshop March 29 th 2017 Copyright PA Byrne, 2017 (May not be copied or used without express written permission)
LEGISLATIVE REQUIREMENTS
Regulation 178/2002 Article 8 - Protection of consumers' interests Food law shall aim at the protection of the interests of consumers and shall provide a basis for consumers to make informed choices in relation to the foods they consume. It shall aim at the prevention of: (a) fraudulent or deceptive practices; (b) the adulteration of food; and (c) any other practices which may mislead the consumer. Article 16 - Presentation Without prejudice to more specific provisions of food law, the labelling, advertising and presentation of food or feed, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, shall not mislead consumers. Article 18 - Traceability Food or feed which is placed on the market or is likely to be placed on the market in the Community shall be adequately labelled or identified to facilitate its traceability, through relevant documentation or information in accordance with the relevant requirements of more specific provisions.
Horsemeat was the Switch Consumer confidence was knocked
What did the Commission do? Established the EU Food Fraud Network (FFN) Designated contact points for cross-border administrative assistance and cooperation on matters that relate to economically motivated violations of food law requirements The FFN allows swift and efficient cooperation between Member States
EU Food fraud Working Group
What is the new regulatory framework in Europe?
What is the new regulatory framework in Europe? 2013 Horsemeat scandal 2017 New Official Control Regulation adopted (replaces 882/2004) 2020 Applicable
Main elements of the legislation Extended scope Risk based Register of operators Increased transparency Delegation of OC tasks Designation of laboratories Methods for sampling Common framework for border controls Official certification Strengthened mechanism for AAC Financing Enforcement actions Penalties (whistle blowers) Future-proof the legislation
Main elements of the legislation Extended scope Risk based Register of operators Increased transparency Delegation of OC tasks Designation of laboratories Methods for sampling Common framework for border controls Official certification Strengthened mechanism for AAC Financing Enforcement actions Penalties (whistle blowers) Future-proof the legislation
SYSTEMS
Source: BTSF Course, 2016
Do we need to integrate? Food Scientists into Criminal Investigation Units or Police Specialists into Food Inspection Service?
This Man Delivers 35 Products 60 Countries 5 Continents in 1 Box
In Just One Pizza! Dough France UK Poland USA Yeast UK Ireland Germany Salt UK France China Sugar Brazil Indonesia Jamaica UK Tomato paste Italy Spain Greece France Netherlands Herbs Greece, Italy Spain, Kenya, Uganda, Tanzania, Morocco And Then the Toppings Cheese from Switzerland, Ireland, France, Italy, Spain, UK,Netherlands; Ham from Ireland, Netherlands, Germany, UK, Chile, Brazil, Belgium; Chicken from Thailand, Brazil, Ireland, UK, Netherlands, Germany; Chilli Peppers from Africa, Asia, South America; Anchovies from Peru, Argentina, Italy, Falkland Islands; Spain; Iceland Denmark; Pepperoni from Poland, Italy Ireland, UK Denmark, USA; Vegetables such as garlic, mushrooms, sweet pepper, onions, olives, from a host of Mediterranean countries; Olive oil from Italy, Greece, Spain,
Cod Pangasius Pollock
White fish fillets at a processing plant: What are they?
Species Substitution
Approach to food fraud in the EU Differing approaches Specialist units within Police force (Italy) Specialised units within food safety agencies (UK) Research based activities (NL) Common themes: Cross-border communications are vital Informal communication as valuable as formal channels Building intelligence and sharing resources Multi-disciplinary approach
Food Integrity consolidate harmonize mobilise EU Capability on food authentication 2014 2018 12m Barriers to data sharing Supply methods & tools to support enforcement & industry Consumer confidence Detection of fraudulent practices
Approach to Investigations Apply audit skills Information gathering / sharing Research / profiling Collaborative approach Close ties with inspectors and other agencies Food Fraud Task Force
Monitoring and surveillance
FSAI s DNA Spotlight Belgium Denmark Netherlands DNA Spotlight France Germany Italy Sweden Ireland Norway Estonia Poland Singapore Czech Rep. United Kingdom Cyprus Greece Spain Portugal Russia Hong Kong Austria
Whole genome sequencing
Traceability systems
National Food Fraud Taskforce a partnership approach
Food Fraud Task Force Provide a forum for enforcement agencies to share experience Review existing legal framework for dealing with food fraud Framework to facilitate food fraud investigations (interagency) Propose strategies to prevent food fraud Up skill and develop support materials inspectors Review authenticity methodology / best practice Review current controls effective against fraud? Build strong working relationships
Management of Food Crime Recognition of the existence of criminal activity 360 o Horizon scanning price, high value, volume Science based product analysis Close cooperation with state agencies Customs & Excise large/unusual movements of food product Educate police to types of food based criminal activity Trade surveillance Competitive activity in food business Traceability
International Networks
Food Fraud Management Rapid Response Traceability Trace