"Action Plan on Dioxin" successfully put into practice

Source: BMELV, Walkscreen

Background

In December 2010 it emerged that a feed company in northern Germany had used dioxin-contaminated industrial fats for the manufacture of feed. In response to the dioxin scandal, Federal Consumer Protection Minister Ilse Aigner presented and pressed ahead with the "Action plan for consumer protection in the feed chain". This action plan introduced the measures that were necessary in order to eliminate weak points in feed monitoring. The Minister has now given a positive assessment of the progress made: "The Federal Government has acted with speed and determination. By tightening rules at EU level and in Germany we have managed in just one year to ensure that consumers will in future be even better protected against undesirable substances in foodstuffs. The majority of the action plan has now been put into practice. We have established reliable rules for the aspects that are crucial in improving the safety of feed and food," said Aigner in Berlin on Tuesday. "The Federal Government has regulated all that it can within its remit. However, the example also shows that when the Federal Government and the federal states (Länder) pull in the same direction they are able to amend legal Acts aimed at improving consumer health protection swiftly and unbureaucratically."

Legal basis at EU level

Key elements of the "Action Plan on Dioxin" have been put into practice at European level. Feed producers mixing, for instance, raw vegetable oils or feed fats, must in the future undergo a Europe-wide uniform authorisation procedure with stringent requirements. The relevant EU Regulation was published in the Official Journal on 16 March 2012 and shall apply from 16 September 2012. The duty of feed producers to obtain authorisation has thus been enshrined in Community law. In addition, Germany will complement this provision with a national requirement to obtain authorisation for enterprises dealing with both feed fats and industrial fats at the same time. The relevant statutory instrument, which yet requires the consent of the Bundesrat, shall become applicable in autumn 2012, together with the European provisions.

Besides that, the EU Regulation provides for a clear separation of production flows. The storage and production of fats for feed must in the future be separated from the storage and production of fats for the technical industry. The legal requirements in respect of feed controls have also been tightened: Feed business operators marketing both – feed fats and oils – as well as products made from feed fats or oils will be required to have their products inspected at defined regular intervals.

Regulations in Germany

As early as 4 August 2011, the Food and Feed Code in Germany was amended, thus bringing into force many rules that were also part of the action plan:

• Duty of private laboratories to report: If laboratories ascertain undesirable substances in the food or feed they test in quantities that give cause for concern, they must report their analytical findings to the competent authorities.
• Tightening of the penalty system: Those who, motivated for instance by gross self-interest, place food on the market that is unsuitable for trade and obtain large pecuniary advantage for themselves or others through this, are liable to imprisonment for a term of up to two years.
• Expansion of dioxin monitoring / establishment of an early-warning system: The reporting requirements regarding levels of dioxins and similar substances in or on food or feed were revised thus laying the foundation on which to create an extensive database on the presence of dioxin in food, feed and in the environment. This database has since formed the basis for the establishment of an early-warning system.

A binding positive list of feed that, due to European trade flows, needs to be regulated at European level is currently still the subject of discussions between Germany and the European Commission. It currently appears as if the EU Catalogue of Feed Materials will be added to accordingly. A legal regime to cover the risks of liability of feed manufacturers is the subject of an ongoing examination by the Federal Consumer Protection Ministry.

Greater transparency

The Federal Government and federal states (Länder) are in agreement that transparency in official monitoring needs to be improved. The Länder that bear the responsibility for controls have decided to take the quality management systems for monitoring further in that direction in order to draw the necessary consequences from the dioxin scandal in this field as well, as provided for in the action plan.

Finally, the Federal German Parliament adopted an act amending the legislation governing consumer information (VIGÄndG) on 2 December 2011. Pursuant to the amendment of the Consumer Information Act, the competent authorities will in future be required to publish without delay the results of official food controls and inspections on all infringements caused by limit values being exceeded. The Act is expected to take effect in the autumn of 2012.

At a joint special conference held in Berlin in January 2011, the competent Länder Ministers added four of their own points to the Federal Government’s ten-point action plan; they are implementing these four points largely on their own responsibility. These points concern the establishment of specialised prosecution services in the Länder, improvement of the traceability of goods, the creation of uniform risk-based feed control in all Länder and the setting-up of a portal for food safety alerts. Federal Minister Aigner, together with Länder representatives, launched the "www.lebensmittelwarnung.de" website in October 2011.

Consequences

Also in response to the dioxin crisis, Federal Minister Aigner asked the President of the Federal Court of Auditors to carry out an in-depth review of the structures of consumer health protection in Germany. The expertise, which also devotes great attention to the subsequent EHEC epidemic, is now available. The aim of the study was to systematically comb through the large and very complex monitoring system for food and feed in order to ascertain shortcomings and identify gaps with a view to a further improvement of food and feed safety. The expertise confirms the Federal Consumer Protection Ministry in its assessment that action is needed: and with regard to the monitoring structures in the Länder, the Federal Government and at European level. In its expertise the Federal Court of Auditors specifically recommends that in-house checks carried out by companies should be optimised, staffing and organisation in the official monitoring carried out by the Länder should be reinforced, the responsibilities of the Federal Government should be expanded, and that national crisis management should be reorganised. Federal Minister Aigner has agreed with the chairwoman of the Conference of Consumer Protection Ministers that a working group to be established by the Federal Government and Länder will, in the months to come, evaluate the expertise delivered by the Federal Court of Auditors in order to consider possible conclusions.

Action Plan for Consumer Protection in the Feed Chain - Overview

1. Duty of feed producers to obtain authorisation The European Commission and the Member States agreed to enshrine in law the duty of feed producers to obtain authorisation. The relevant EU Regulation was published in the Official Journal on 16 March 2012 and shall apply from 16 September 2012.

2. Separation of production flows The European Commission and the Member States agreed to enshrine in law the obligation to separate production flows. The relevant EU Regulation was published in the Official Journal on 16 March 2012 and shall apply from 16 September 2012.

3. Expansion of legal requirements in respect of feed controls The European Commission and the Member States agreed to stricter legal requirements in respect of feed controls. The relevant EU Regulation was published in the Official Journal on 16 March 2012 and shall apply from 16 September 2012.

4. Duty of private laboratories to report The duty of private laboratories to report already took effect in Germany on 4 August 2011 as a result of an amendment to the Food and Feed Code.

5. A binding positive list of feedstuffs In talks with Germany, the European Commission has signalled its approval for appropriate additions to the EU Catalogue of feed materials.

6. Coverage of the risk of liability To cover the risks of liability of feed manufacturers, the Federal Consumer Protection Ministry has presented a ministerial draft of an amendment to the Food and Feed Code which is currently being discussed.

7. Revision of the penalty system The penalty system has been significantly tightened. Those who, motivated for instance by gross self-interest, place food on the market that is unsuitable for trade and hereby obtain large pecuniary advantage for themselves or others are liable to imprisonment for a term of up to two years. The relevant amendment to the Food and Feed Code and other provisions took effect on 4 August 2011.

8. Expansion of dioxin monitoring / establishment of an early-warning system The reporting requirements with respect to levels of dioxins and similar substances in food or feed were regulated by a revision of the Food and Feed Code with effect from 4 August 2011. The relevant ordinance further specifying these reporting requirements shall apply from 1 May 2012.

9. Improvement of the quality of food and feed controls and inspection The Länder are currently examining a joint administrative agreement which is discussed on the basis of a concept paper drafted by the Federal Ministry of Consumer Protection.

10. Transparency for consumers The amendments to the Consumer Information Act and the incorporation in the Food and Feed Code of a mandatory official publication obligation in the case of infringements caused by threshold values being exceeded, significant violations of hygiene requirements or deception will take effect on 1 September 2012.