Food Law News - FAO/WHO/WTO/Codex - 2005
25 - 29 April 2005
CODEX – Committee on Food Additives and Contaminants (37th Session) The Hague, The Netherlands
The Thirty-seventh Session of the Codex Committee on Food Additives and Contaminants reached the following conclusions:
MATTERS FOR ADOPTION/CONSIDERATION BY THE 28TH SESSION OF THE CODEX ALIMENTARIUS COMMISSION:
Draft and Proposed draft Standards and Related Texts at Steps 8 or 5/8 of the Uniform Procedure, Respectively
The Committee forwarded:
- draft and proposed draft food additive provisions of the General Standard for Food Additives (GSFA) (para. 83 and Appendix X);
- proposed draft amendments to the International Numbering System for Food Additives (para. 88 and Appendix XIII);
- Specifications for the Identity and Purity of Food Additives arising from the 63rd JECFA meeting (para. 114 and Appendix XVI)
- proposed draft revision of the Preamble of the General Standard for Contaminants and Toxins in Foods (GSCTF) (N09-2004) (para. 128 and Appendix XIX);
- draft Code of Practice for the Prevention and Reduction of Aflatoxin Contamination in Tree Nuts (para. 132 and Appendix XXI);
- draft Code of Practice for the Prevention and Reduction of Tin Contamination in Canned Foods (para. 166 and Appendix XXV);
- draft maximum levels for cadmium in wheat grain; potato; stem and root vegetables; leafy vegetables; and, other vegetables (para. 175 and Appendix XXVI).
Proposed Draft Standards and Related Texts at Step 5 of the Uniform Procedure
The Committee forwarded:
- proposed draft revised Preamble of the GSFA, including the diagram (para. 64 and Appendix VII);
- proposed draft maximum level for total aflatoxins in unprocessed almonds, hazelnuts and pistachios (para. 141 and Appendix XXII);
- proposed draft maximum levels for cadmium in marine bivalve molluscs (excluding oysters and scallops) and in cephalopods (without viscera) and in polished rice (para. 175 and Appendix XXVI).
Proposals for New Work
The Committee agreed to submit the proposals for new work on:
- Revision of the “Class Names and International Numbering System for Food Additives - CAC/GL 36-2003” (para. 94 and Appendix XIV);
- Appendix to the Code of Practice for the Prevention and Reduction of Aflatoxin Contamination in Tree Nuts to address additional measures for the prevention and reduction of Aflatoxins in Brazil Nuts( para. 131 and Appendix XX);
- Code of Practice for the Reduction of Chloropropanols during the Production of acid-Hydrolyzed Vegetable Proteins (HVPs) and Products that Contain acid-HVPs (para. 183 and Appendix XXVII).
Other Matters for Consideration by the 28th Session of the Codex Alimentarius Commission
The Committee agreed :
- to forward the revised terms of reference of the Committee in response to the request of the last session of the Commission to review its terms of reference in relation to sampling plans (para. 9 and Appendix II);
- to express support to the definitions of risk analysis terms (para. 10);
- to request the Commission to amend Annex B (Food Category System) of the Codex General Standard for Food Additives by including coconut water as an example in the description of food category 14.1.2.1 (Fruit juices) (para. 11 and Appendix III);
- to recommend the Commission to revoke the provision in the GSFA for polydimethylsiloxane in food category 14.1.2 (fruit and vegetable juices) at 10 mg/kg which was adopted at Step 8 in 1999 (para. 49);
- to request the Commission to revoke the “General Principles for the Use of Food Additives”, since the main content of the document was already included in the proposed draft revision of the Preamble of the GSFA and the document was out-of-date; and to recommend the Commission to delete the references to this document in the Codex Procedural Manual “Relations between Commodity Committees and General Committees – Food Additives and Contaminants” (para.55 and Appendix VI);
- to inform the Commission that in principle the maximum use levels for BHA, BHT, TBHQ, and Propyl Gallate in all Codex standards should be expressed on the fat or oil content, as appropriate, and on their combined use (para. 67);
- to request the Codex Secretariat to prepare a list of all draft (Step 6) food additive provisions for the double entries for the same additive in the same food category and provide this information to the Commission with a recommendation to discontinue work on these provisions (para. 78);
- to request the Commission to revoke a number of food additives provisions in the GSFA (para.83 and Appendix XI);
- to inform the Commission of discontinuation of work on a number of food additive draft and proposed draft food additive provisions (para. 83 and Appendix XII);
- to forward the terms of reference and background information for a Joint Expert Consultation to conduct a comprehensive assessment of use of active chlorine to the Commission for transmission to FAO and WHO, along with the terms of reference prepared by the CCFH (para. 108 and Appendix XV);
- to request the Commission to delete the maximum levels for lead in specific commodity Codex Standards for fruit juices and nectars and for processed meat products and to amend Schedule I of the GSCTF accordingly (para. 119 and Appendix XVII);
- to append the revised Schedule I to the GSCTF, and to request the Commission to revoke the existing individual Codex standards for Maximum/Guideline Levels for contaminants and toxins. It further agreed to append Schedule II to the GSCTF as an empty annex awaiting the finalization of the food categorization system (para. 124 and Appendix XVIII);
- to forward the following statements with regard to the serious situation of the WHO contribution for JECFA activities: “The CCFAC expresses its concern about the financial situation regarding the work of JECFA. CCFAC would like to request the Commission to bring this concern to the attention of the Director General of WHO and to ask for long-term sustainable funding of the activities necessary to support the work of Commission, in particular JECFA and related activities”; (para. 224);
ENDORSEMENT AND/OR REVISION OF MAXIMUM LEVEL FOR FOOD ADDITIVES AND PROCESSING AIDS IN CODEX STANDARDS
The Committee agreed :
Codex Committee on Milk and Milk Products (CCMMP)
- to return most of the proposed food additive provisions to CCMMP for further consideration and clarification. The Committee also agreed to request CCMMP to clarify in several proposed darft Standards the use of numerical maximum levels as quality factors for additives with non-numerical ADIs assigned by JECFA, rather than GMP, in the proposed draft revised Standards for Cheddar and for Danbo. In recognizing that JECFA had evaluated paprika oleoresins (INS 160 c) only as a spice and not as colour, agreed to recommend to CCMMP to delete paprika oleoresins from the list of food additives in the proposed draft Standards for Cheddar and for Danbo (paras 44-45 and Appendix V);.
Codex Committee for Nutrition and Foods for Special Dietary Uses (CCNFSDU)
- to return to CCNFSDU most of the food additive provisions for clarification and to include in Section 4 (food additives) of the draft revised Standard for Processed Cereal-based Foods for Infants and Young Children, some text to clarify the conditions on the carry-over of food additives applied to this Standard. The Committee also agreed to seek clarification from the CCNFSDU about the status of flavour provisions in this standard (para. 46 and Appendix V).
Codex Committee on Cereals, Pulses and Legumes (CCCPL)
- to return all the food additive provision in the draft Standard for Instant Noodles to CCCPL for further consideration (para. 47 and Appendix V);
Codex Ad Hoc Intergovernmental Task Force on Fruit and Vegetable Juices (TFFVJ)
- to remove from the GSFA the footnote stating “Sulphites should be used only in fruit juices/nectars in bulk dispensers and in certain tropical juices/nectars.” The Committee also agreed that the use of Polydimethylsiloxane in fruit juices at 10 mg/kg is a processing aid use. It further agreed to include sodium caseinate, potassium caseinate and isinglass in the list of processing aids in the General Standard for Fruit Juices and Nectars with inclusion of the footnote “Use of these processing aids should take into account their allergenic potential. If there is any carry over of these processing aids into finished product, they are subject to ingredient declaration in accordance with Sections 4.2.1.4 and Section 4.2.4 of the of the Codex General Standard for the Labelling of Prepackaged Foods.”(para 49 and Appendix V);
MATTERS REFERRED TO CODEX COMMITTEE AND TASK FORCES
The Committee agreed :
Codex Commodity Committees
- to inform Codex Committees that, when considering the use of the food additive Lecithin, should be aware that there are two substances (Lecithin and Partially Hydrolyzed Lecithin) that are covered under INS 322 – Lecithins (para. 67);
Codex Committee on Processed Frits and Vegetables (CCPFV)
- to confirm to the CCPFV that the maximum levels apply to raw products and that, in the absence of a specific level for processed products, a processing (concentration/dilution) factor should be applied to processed products taking into account the specific properties of the contaminant (para. 121);
Codex Committee on Fish and Fishery Products (CCFFP)
- to reply to the Codex committee on Fish and Fishery Products that the revision of the Guideline Levels for Methylmercury in Fish (CAC/GL 7-1991) requires more comprehensive consideration by CCFAC in order to take into account all factors related to the consumption of fish, in particular risks and benefits and that, in the meantime, the existing Guideline Levels can be retained with the understanding that enforcement can be performed by determination of total mercury as a screening methods (for facilitating control/monitoring). Methylmercury needs only to be determined for verification purposes (para. 202).
MATTERS OF INTEREST TO THE CODEX ALIMENTARIUS COMMISSION AND/OR CODEX COMMITTEE AND TASK FORCES
The Committee agreed:
- that no action was required with respect to Glycyrrhizinic acid and Polybrominated diphenylethers and that the elaboration of a discussion paper on Ethyl carbamate, with special focus on alcoholic beverages was not a high priority and that, due to the limited resources, it should be taken up at a later stage (paras 40-41 and Appendix);
- to establish an electronic Working Group, led by China, to: i) improve the management of the work on the General Standard on Food Additives; ii) develop an accompanying text to the Proposed Procedure for Consideration of the Entry and Review of Food Additives in the GSFA; iii) analyse the relationship between provisions of the GSFA and those of commodity Standards, and to identify and propose options to move Commodity Standard food additive provisions into the GSFA (with the aim to have food additive provisions in a single place); and, iv) propose corresponding revisions in the Codex Procedural Manual (para. 62);
- to re-establish the physical Working Group on the General Principles of the General Standard for Food Additives under the chairmanship of China to meet before its 38th Session (para. 63);
- to request the Codex Secretariat to prepare every year an updated working document on the GSFA similar to CX/FAC 05/37/6 (para. 67);
- that the delegation of Canada would prepare a discussion paper to propose options for addressing, in a uniform and consistent manner, the food additive provision in glazes for foods (para. 67);
- to reconvene the ad hoc Working Group on the Codex General Standard for Food Additives prior to its next session, under the Chairmanship of the United States (para. 68);
- to re-establish the Electronic Working Group on the GSFA, led by the United States, and requested it to provide a report with recommendations to the 38th Session of the CCFAC on the draft maximum levels for selected food additives (para. 70 and Appendix VIII);
- to request the Codex Secretariat to issue a separate Circular Letter requesting comments on selected food additive provisions, with the understanding that if no information is received by the 38th CCFAC to justify these uses, these food additive provisions will be deleted from the draft GSFA (para. 82 and Appendix IX);
- to circulate for comments at Step 3 the revised Section II “Table of functional classes, definitions and technological functions” as contained in CRD 4, subject to the approval of new work on the revision of “Codex Class Names and International Numbering System for Food Additives” (para. 94);
- to reconvene the ad hoc Working Group on Harmonization of Terms used by Codex and JECFA prior to its 38 th Session under the Chairmanship of the United Kingdom to consider the revised Section II along with comments submitted at Step 3 (para. 95);
- that the delegation of New Zealand would prepare a further updated version of Inventory of Processing Aids (IPA), which would also include an introductory text with an explanation of changes, suggestions on the use of IPA and possible future work for consideration at its next session (para. 99);
- to establish an electronic Working Group, led by the United States, to prepare a discussion paper on the development of Guidelines on flavourings, taking into account the various terms and definitions used in Codex and which would also include a project document for starting new work (para. 102);
- to reconvene the ad hoc Working Group on Specifications prior to its next session under the Chairmanship of the United States (para. 112);
- to reconvene the ad hoc Working Group on Contaminants and Toxins in Foods prior to its 38th Session under the Chairmanship of the European Community (para. 122);
- to integrate the Annotated List of Contaminants and Toxins in Foods (Part 1 and Part 2) of CX/FAC 05/37/19 into a separate document “Working document for information and use in discussions on the GSCTF” and that the delegations of Japan and the Netherlands would prepare an update version of the document for presentation at the next session of the Committee (paras 124-125);
- to establish an electronic Working Group, led by Brazil to prepare, subject to the approval of new work, a proposed draft Appendix to the Code of Practice for the Prevention and Reduction of Aflatoxin Contamination in Tree Nuts to address additional measures for the prevention and reduction of aflatoxins in Brazil Nuts (para. 131);
- to circulate for comments at Step 3 the proposed draft maximum level for total aflatoxins in almonds, hazelnuts and pistachios (para. 141 and Appendix XXII);
- to return to Step 2 the proposed draft Sampling Plan for Aflatoxin Contamination in Almonds, Brazil Nuts, Hazelnuts and Pistachios (N07-2004) for redrafting by an electronic Working Group, led by the United States, for circulation, comments at Step 3 and further consideration at its next session (para. 144);
- to establish an electronic Working Group, led by Brazil, to revise the Discussion Paper on Aflatoxin Contamination in Brazil Nuts for consideration at its next session (para. 147);
- to establish an electronic Working Group, led by the United States, to develop a discussion paper to provide comprehensive relevant data, including the occurrence of deoxynivalenol (DON) and the effects of processing on the levels of DON for consideration at its next session (para. 150);
- to discontinue consideration of mycotoxin contamination in sorghum as it could not identify a delegation willing to prepare a discussion paper on this matter (para. 153);
- to establish an electronic Working Group, led by the Philippines, to prepare a discussion paper that compiles the information necessary to develop an appropriate maximum level for lead in fish for consideration at its next session; and to retain the draft maximum level for lead in fish at Step 7 and to decide the level at its next session on the base of the information contained in the Discussion Paper (paras 156-157 and Appendix XXIII);
- to circulate the proposed draft maximum levels for tin for comments at Step 3 (para. 163 and Appendix XXIV);
- to return the renamed proposed draft Code of Practice for the Prevention and Reduction of Dioxin and Dioxin-like PCB contamination in Foods and Feed to Step 2 for redrafting by an electronic Working Group, led by Germany, for circulation, comments at Step 3 and consideration at its next session (para. 180);
- to establish an electronic Working Group, led by the United Kingdom, that, pending the approval of the Commission of new work, would prepare a proposed draft Code of Practice for the Reduction of Chloropropanols during the Production of acid-Hydrolyzed Vegetable Proteins (HVPs) and Products that contain acid-HVPs (para. 183);
- to establish an electronic Working Group, led by the United Kingdom, to prepare a discussion paper that will define the different acid-HVP containing products and collect information on other products that contain 3-MCPDs; to request JECFA to conduct an exposure assessment for chloropropanols from all sources; and, to circulate the proposed draft maximum level for 3-MCPD in liquid condiments containing acid-HVP (excluding naturally fermented soya sauce) for comments at Step 3 (paras 189-190 and Appendix XXVIII);
- to establish an electronic Working Group, led by the United Kingdom, to revise the Discussion Paper on Acrylamide to take account the 64th JECFA evaluation, national mitigation strategies and the role of food processors, food catering services and consumers; that the revised Discussion Paper would include an outline of a Code of Practice and a project document for starting new work on the elaboration of the Code (paras. 193, 194 and 196);
- to establish an electronic Working Group, led by Denmark , to revise the Discussion Paper on Polycyclic Aromatic Hydrocarbons (PAHs) Contamination with particular attention to the 64th JECFA evaluation. It also agreed the revised Discussion Paper would include an outline of a Code of Practice mainly focusing on general advice addressing practices that may lead to high levels of PAHs and a project document for starting new work on the elaboration of the Code (paras. 199-200);
- to establish an electronic Working Group, led by the European Community, to revise the Discussion Paper on Polycyclic Aromatic Hydrocarbons (PAHs) to consider: methods of analysis of methylmercury; elaboration of the Terms of Reference for an Expert Consultation on risks and benefits of fish consumption; and elaboration of a possible request to JECFA. The Chairperson of CCFAC agreed to organise a workshop close to the dates of the 38 th Session of the Committee to exchange views on risk communication (paras 203 and 205);
- to return the draft revised Guideline Levels for Radionuclides in Foods for Use in International Trade to Step 2 for revision by a Working Group, led by the European Community and IAEA, for circulation, comments at Step 3 and further consideration at its next session; that the Working Group would revise the current draft in its entirety with a particular emphasis to the revision of the scope of the guideline levels to clarify that they only apply in situation related to nuclear accidents or radiological events and do not apply to routine monitoring purposes and to the separation of guidelines levels specific to general and infant food categories (para. 215);
- to request proposals for addition or amendments to the revised Priority List of Food Additives, Contaminants and Naturally Occurring Toxicants under a separate Circular letter which would also contain the questionnaire for submission, for consideration at its next session (para. 225 and Appendix XXIX);
- establish an electronic Working Group, led by the European Community, to prepare a discussion paper on Maximum Level for Ochratoxin A (OTA) in Wine for consideration at its next session (para. 228);
- to establish an electronic Working Group, led by Ghana, to prepare a discussion paper on Ochratoxin A Contamination in Coffee and Cocoa which takes into account the JECFA evaluation, the outputs of the FAO Coordinated Project “Enhancement of Coffee Quality through the Prevention of Mould Formation” and other relevant information for consideration at its next session (para. 230).
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