Regulations on controls of trade in food of animal origin within the European Union (SLVFS 1998:39)

SLVFS 1998:39 1 The National Food Administration’s regulations on controls for trade in food of animal origin within the European Union1; SLVFS 1998:39 (J 66 ) This document has been produced for information purposes only. Always check the text against the published version. This version contains amendments up to and including SLVFS 2001:29 Scope 1 § These control regulations apply to trade with countries which are members of the European Union (Member States). The following countries are considered to be equivalent to an EU Member State: − Iceland, with regard to fishery products, and − Andorra, the Faroe Islands and Norway with regard to all food of animal origin. I Annex 1 there is a list of National Food Administration regulations containing rules on food of animal origin. (SLVFS 2001:15) Definitions 2 § For the purposes of this Ordinance: goods means food of animal origin covered by this Ordinance; imports means goods imported into Sweden from another Member State; exports means goods exported from Sweden to another Member State, trade means commercial importation and exportation of goods; free circulation means that goods which have been produced in establishments that are in conformity with Community requirements may be freely circulated within the whole of the European Union; consignment means one or several types of goods which are covered by the same trade document or health certificate, come from the same dispatcher and are to be delivered to the same consignee; 1 Cf. Council Directive 89/662/EEC (OJ L 395, 31.12.89, p. 13, Celex 389L0662), Council Decision 95/409/EC (OJ L 243, 11.10.95, p. 21, Celex 395D0409), Council Decision 95/411/EC (OJ L 243, 11.10.95, p. 29, Celex 395D0411), Commission Decision 95/168/EG (OJ L 109, 16.5.95, p. 44, Celex 395D0168). SLVFS 1998:39 2 trade document means the document which accompanies the consignment and contains information on the goods and the establishment of dispatch; health certificate means the certificate which accompanies the consignment and contains information on the goods and the establishment of dispatch. The certificate must be issued by the person appointed by the control authority to carry out controls in the establishment concerned; importer means any natural or legal person who commercially imports goods into Sweden; first consignee means the operator in Sweden who first receives and handles the goods. The first consignee can be the processing industry, a wholesaler or retailer, a repackaging plant, the catering sector, a refrigeration or freezing facility or some other storage site. If a batch of goods is divided up during transport, each recipient of part of that batch is considered to be a first consignee; control authority means the authority responsible for official control according to food legislation; official control means primarily inspections, sampling, examinations, and document checks; establishment means an approved establishment which produces, processes or stores goods for free circulation within the European Union. Control of exports from Sweden to another Member State Production conditions 3 § Goods intended for free circulation must be produced in an appropriate establishment and in conformity with the provisions of the Ordinances listed in Annex 1. Goods produced solely for sale nationally may not be exported to other EU Member States. Documents 4 § Goods shall be accompanied by trade documents or health certificates, in accordance with the regulations listed in Annex 2. Where goods are transported to several consignees, the goods shall be divided into as many consignments as there are consignees. Each consignment shall be accompanied by a separate trade document or health certificate. In-house control 5 § The person responsible for activities in a given establishment shall, in particular, check that goods to be delivered from that establishment are SLVFS 1998:39 3 produced, checked, stamped and marked in accordance with the provisions laid down in this Ordinance and the Ordinances listed in Annex 1. Official control 6 § The control authority shall carry out regular controls and take appropriate measures to ensure that the provisions of the Ordinance are respected. Control of imports to Sweden from another Member State Documentation, prior notification 7 § The importer and first consignee shall provide documentation for the imported consignments. For each consignment the following information shall be included 1. the kind of food; 2. the quantity; 3. the country of dispatch; 4. the establishment of dispatch, including control number; 5. the date of receipt; 6. for the first consignee, information on the importer; 8 § The importer or his authorised representative shall notify certain goods at least 24 hours before their expected arrival to the control authority situated nearest to the first consignee. See Annex 3 for a list of these goods and what the notification should contain. Notification should be done by fax, letter, e mail or as otherwise agreed with the control authority. Documents 9 § If a consignment is divided up during transport, each part of the consigment shall be accompanied by the original or a certified copy of the trade document or health certificate. 10 § If the trade document, health certificate or health mark are missing or contain incorrect information, the importer or his authorised representative shall inform the control authority. In such cases the consignment may not be handled any further, pending authorisation from the control authority. 11 § Trade documents and health certificates shall be kept by the first consignee for at least two years. The importer shall keep the documentation referred to in 7 § for at least two years. SLVFS 1998:39 4 In-house control 12 § Before the consignment is handled any further, the first consignee shall, in particular, check that − the consignment is accompanied by a trade document or health certificate, in accordance with the regulations in Annex 2; − the document or certificate corresponds to the consignment; − the goods bear a health mark in accordance with Annex 4. Official control 13 § The control authority may use random sampling to ensure that the requirements in this Ordinance are being met. Where there are grounds for suspecting that these provisions are being infringed, checks may also be carried out during transport. 14 § If the control authority establishes that goods are unsuitable for consumption because they contain contaminants or other substances which may constitute a serious hazard to human health, they may not be offered for sale under 16 § of the Food Act. The control authority shall either order that the goods be destroyed or determine an alternative use for them. If the control authority is a local authority it shall immediately inform the National Food Administration of any measures taken. 15 § If the control authority establishes that goods do not meet the requirements of this Ordinance in respects other than those covered in 14 §, it may seize the goods under 27 § of the Food Act. Concerning irregularities in documents or certificates, the control authority shall grant the importer or his authorised representative a limited period to contact the dispatcher and remedy the shortcomings in question. The control authority shall take measures under 27 § of the Food Act or instruct the importer or his authorised representative to return the goods to the country of dispatch, provided the competent authority in that country has given its authorisation. The importer or his authorised representative shall obtain this authorisation, which shall be in writing and presented to the control authority. If the control authority is a local authority it shall immediately inform the National Food Administration of any measures taken. Costs 16 § The cost of storing goods, making goods fit for consumption, using goods for other purposes, destroying goods or sending them back to the country of dispatch under 14 or 15 § shall be borne by the importer. SLVFS 1998:39 5 Special rules for salmonella controls 17 § In addition to the provisions in 7-16 §§, the following provisions shall apply to imports of certain food of animal origin. 18 § An importer or authorised representative importing beef, pigmeat or poultry meat from another Member State shall, before handling the meat any further, and as a step in in-house control, ensure that the meat has been examined for salmonella in the country of dispatch and that there is an accompanying trade document or health certificate indicating that no salmonella has been detected in the meat. Trade documents or health certificates for beef and pigmeat should indicate that the meat has been − examined in accordance with Article 5(3)(a) of Directive 64/433/EEC, or − examined in accordance with Council Decision 95/409/EC, and for poultry meat: − examined in accordance with Article 5(3)(a) of Directive 71/118/EEC, or − examined in accordance with Council Decision 95/411/EC. 19 § If a meat product establishment is the first consignee of beef or pigmeat, and the accompanying document indicates that the meat is to be used as a basic ingredient for the manufacture of heat-treated meat products, the document referred to in 18 § need not accompany the goods. In such cases, however, as a step in in-house control, the responsible party at the establishment in question shall have the meat examined for salmonella immediately after receipt of the consignment and before it is handled any further. 20 § An importer or authorised representative importing minced meat, lamb, goat meat or horse meat shall, as a step in in-house control, have the meat examined for salmonella immediately after receipt of the consignment and before it is handled any further. (SLVFS 2001:29) 21 § If the examinations referred to in 19 or 20 § have been carried out in the country of dispatch and the document referred to in 18 § accompanied the goods, a further examination in this country is not required. An examination under 18-20 §§ done in Sweden shall be carried out at an accredited laboratory an in accordance with the method indicated in Annex 5. 22 § An importer or authorised representative importing eggs intended for consumption shall, as a step in in-house control, ensure that the eggs are accompanied by a certificate before the eggs are handled any further. SLVFS 1998:39 6 The first paragraph does not apply where eggs are delivered to approved establishments and are intended for the manufacture of egg products. 23 § The rules referred to in 18-20 and 22 §§ do not apply to the country (or establishments therein) indicated in Annex 6, for which a specific programme covering the goods in question has been approved by the Commission. Derogation 24 § The National Food Administration may grant an exemption (derogation) from the rules in this Ordinance. SLVFS 1998:39 7 Annex 1 (up to SLVFS 1998:39) List of Ordinances covering food of animal origin The National Food Administration Ordinance containing rules and general advice on the slaughter of domesticated farm animals and farmed game (SLVFS 1996:32). The National Food Administration Ordinance containing rules and general advice on the slaughter of reindeer and the handling of reindeer meat (SLVFS 1998:17). The National Food Administration Ordinance containing rules and general advice on the slaughter and handling of wild game (SLVFS 1994:40). The National Food Administration Ordinance containing rules and general advice on the slaughter of domesticated rabbits and the handling of fresh rabbit meat (SLVFS 1994:42). The National Food Administration Ordinance containing rules and general advice on the slaughter etc. of poultry (SLVFS 1994:11). The National Food Administration Ordinance containing rules and general advice on minced meat and meat preparations (SLVFS 1996:17). The National Food Administration Ordinance containing rules and general advice on meat products etc. (SLVFS 1994:10). The National Food Administration Ordinance containing rules and general advice on the handling of fishery products etc. (SLVFS 1994:2). The National Food Administration Ordinance containing rules and general advice on live bivalve molluscs etc. (SLVFS 1998:26). The National Food Administration Ordinance containing rules and general advice on the handling of milk and milk-based products (SLVFS 1994:13). The National Food Administration Ordinance containing rules and general advice on egg products (SLVFS 1994:5). SLVFS 1998:39 8 Annex 2 (up to SLVFS 1998:39) Trade documents and health certificates Meat of domesticated farm animals (SLVFS 1996:32) Meat of domesticated farm animals shall be accompanied by a trade document. The document shall contain, as a minimum − the control number of the establishment, and − for frozen meat, the month and year frozen. If meat of domesticated farm animals comes from a slaughterhouse situated in an area covered by animal health restrictions (restricted area), or if the meat is intended for export to another Member State after transit through a third country, or if the recipient country’s competent authority so demands because the meat is intended for export to a third country after processing, the consignment shall be accompanied by a health certificate. Meat of wild game animals (SLVFS 1994:40) Wild game meat shall be accompanied by a trade document. The document shall contain, as a minimum − the control number of the establishment, − the inspecting veterinarian’s code number, and − for frozen meat, the month and year frozen. If game meat comes from a slaughterhouse situated in an area covered by animal health restrictions (restricted area), or if the meat is intended for export to another Member State after transit through a third country, the consignment shall be accompanied by a health certificate. Meat of farmed game (SLVFS 1996:32) reindeer (SLVFS 1998:17), ostrich and rabbit (SLVFS 1994:42) Meat of farmed game, reindeer, ostrich and rabbit shall be accompanied by a health certificate. Poultry meat (SLVFS 1994:11) Poultry meat shall be accompanied by a trade document. The document shall contain, as a minimum − the control number of the establishment, − the inspecting veterinarian’s code number, and − the identifiable code number or name of the control authority responsible. SLVFS 1998:39 9 If poultry meat comes from a slaughterhouse situated in an area covered by animal health restrictions (restricted area), or an area which does not vaccinate against Newcastle disease (including Sweden), or if the meat is intended for export to another Member State after transit through a third country, the consignment shall be accompanied by a health certificate. Minced meat (SLVFS 1996:17) Minced meat shall be accompanied by a trade document. The document shall contain, as a minimum − the control number of the establishment, and − for frozen meat, the month and year frozen. If minced meat comes from an establishment situated in an area covered by animal health restrictions (restricted area), or if the meat is intended for export to another Member State after transit through a third country, or if the recipient country’s competent authority so demands because the meat is intended for export to a third country after processing, the consignment shall be accompanied by a health certificate. Meat preparations (SLVFS 1996:17) Meat preparations shall be accompanied by a health certificate. Meat products (SLVFS 1994:10) Meat products shall be accompanied by a trade document. The document shall contain, as a minimum − the control number of the establishment, and − the identifiable code number or name of the control authority responsible. If meat products or other products of animal origin have been produced from animals slaughtered in a slaughterhouse situated in an area covered by animal health restrictions (restricted area), or if the products are intended for export to another Member State after transit through a third country, the consignment shall be accompanied by a health certificate. The above-mentioned health certificate requirements do not apply to tinned goods if the health mark has been indelibly apposed to the tin or lid. Fishery products (SLVFS 1994:2) Fishery products shall be accompanied by a trade document containing information on − the country of dispatch, and − the control number of the establishment. SLVFS 1998:39 10 Instead of the trade document, the required information may be given on the packaging. Live bivalve molluscs (SLVFS 1998:26) 1. Live bivalve molluscs shall be accompanied by a trade document. The document shall contain, as a minimum − the country of dispatch, and − the control number of the establishment. 2. In cases where bivalve molluscs are sent from the harvester to a shipping plant, the consignment shall be accompanied by a separate registration document indicating the following − address and identity of the harvester, − date harvested, − health status of the harvest area, and − the type of shellfish and quantity stated as precisely as possible, approval number and destination for packaging, wet storage, cleaning or preparation. 3. In cases where bivalve molluscs are harvested and shipped from a temporary wet storage site, in addition to the details stipulated in point 2 (above), the wet storage site’s address and approval number plus information on the length of time the shellfish have been in wet storage shall also accompany the consignment. 4. For cleaning plants which send bivalve molluscs to shipping plants, in addition to the details stipulated in point 2 (above), the cleaning plant’s approval number and address plus information on the length of time the shellfish have been in cleaning shall also accompany the consignment. Milk and milk based products (SLVFS 1994:13) Milk and milk-based products shall be accompanied by a trade document. The document shall contain, as a minimum − the control number of the establishment, and − the type of heat treatment used. Eggs Grade A and B chicken eggs intended to be sold for consumption shall be accompanied by a trade document. The document shall contain, as a minimum − the control number of the packaging centre. SLVFS 1998:39 11 Egg products (SLVFS 1994:5) Egg products shall be accompanied by a trade document. The document shall contain, as a minimum − the control number of the establishment, and − the product type and poultry species of the egg used, − the ID number of the consignment, and − the destination and the name and address of the first consignee. SLVFS 1998:39 12 Annex 3 (up to SLVFS 1998:39) Prior notification for the arrival of certain foods of animal origin from other EU Member States Importer: ………………………………………………………………………. Reg.no.: ………….…………………………………………………………….. First consignee Name of company/ Establishment ………………………………………………………………… Control number (if applicable):…………………………………………….….. Address:.…………………………………………………………………...…… Contact person……………………………... Tel./Fax. ………………………. Estimated date of arrival: …………………………………… Country of dispatch: …………………………………………………………… Establishment of dispatch and control number: …………….………………… Type of goods: ………………………………………………………………… Quantity: ……………………………………………………………….……… …………………….. …………………..…………. Date Signature SLVFS 1998:39 13 Foods subject to prior notification In accordance with 8 § of this Ordinance, the following foods of animal origin shall be notified to the control authority at least 24 hours before their estimated time of arrival. 1. Non heat-treated milk and milk products (i.e. with positive reaction to phosphatase test). 2. Chicken eggs intended for direct consumption (grade A and B). 3. Fresh meat of all types (the term fresh also covers frozen meat). 4. Meat preparations (the term meat preparation covers, for example, goods which have not undergone heat treatment). 5. Minced or chopped meat. 6. Other goods which may constitute a health risk and for which the National Food Administration has, therefore, imposed prior notification. SLVFS 1998:39 14 Annex 4 (up to SLVFS 1998:39) Health marking for food of animal origin 1. Meat of domesticated farm animals, farmed game, reindeer, rabbit and poultry, as well as meat preparations, minced meat and meat products shall have an oval health mark bearing the following information − at the top, the country of dispatch or the country of dispatch’s national code in capital letters; − in the middle, the establishment’s control number; − at the bottom, one of the following abbreviations: CEE, EØF, ETY, EWG, EOK, EEC, EEG. 2. Wild game meat shall have a pentagonal health mark bearing the following information − at the top, the country of dispatch or the country of dispatch’s national code in capital letters; − in the middle, the establishment’s control number; − at the bottom, one of the following abbreviations: CEE, EØF, ETY, EWG, EOK, EEC, EEG. 3. Fishery products shall be marked with the following information − the country of dispatch or the country of dispatch’s national code in capital letters; − the establishment’s control number; − one of the following abbreviations: CE, EC, EG, EK, EF, EY. 4. Live bivalve molluscs shall have a health mark bearing the following information − the country of dispatch; − the type of bivalve mollusc (common and scientific names); − the establishment’s control number; − the packing date, including at least day and month. 5. Milk and milk-based products shall have an oval health mark bearing the following information − at the top, the country of dispatch or the country of dispatch’s national code in capital letters; − in the middle, the establishment’s control number or a reference to where on the packaging the establishment’s control number is indicated; − at the bottom, one of the following abbreviations: CEE, EØF, ETY, EWG, EOK, EEC, EEG. 6. Eggs (packages) shall be marked with the relevant national code (numeral reference). SLVFS 1998:39 15 7. Egg products shall be marked with the following information − at the top, the country of dispatch or the country of dispatch’s national code in capital letters; − in the middle, the establishment’s control number; − at the bottom, one of the following abbreviations: CEE, EØF, ETY, EWG, EOK, EEC, EEG; − the correct storage temperature for the egg products and their shelf life if stored at that temperature. SLVFS 1998:39 16 Annex 5 (up to SLVFS 1998:39) Sampling method for salmonella Sampling method A surface sample of approx. 25 g should be removed using sterilised instruments. The sample area should not be flame sterilised or sterilised by any other means. The sample material removed from a given package constitutes a single sample. Samples should be transferred under sterile conditions to a sample container or plastic sachet. Samples should be marked and identified. Frozen and chilled samples should be kept frozen and chilled respectively when being transported to the laboratory. Samples should be pooled, with a maximum of five in each pooled sample. Samples shall be analysed at an accredited laboratory using bacteriological method ISO 6579:1993 or NMKL (Nordic Committee on Food Analysis) method no. 71, current version. Extent of sampling For a given consignment consisting of a number of packages/units, the following number of samples shall be taken. Column 1 Column 2 Number of units/packages in consignment Number of units/packages subject to sampling 1-24 same number, up to a maximum of 20 25-29 20 30-39 25 40-49 30 50-59 35 60-89 40 90-199 50 200-499 55 500 or more 60 SLVFS 1998:39 17 Conversion table for sampling of consignment consisting of small units/packages. Total weight > 20 kg 10-20 kg < 10 kg coefficient to be used for column 1 above number of packages x 1 number of packages x ¾ number of packages x ½ Sampling of large bulk consignments not divided into packages or separate units. The consignment’s weight in kg should be divided by 20. This gives a number of fictitious units. Check this number against column 1, and then refer to the corresponding entry in column 2 for the required number of samples. E.g. A bulk consignment of 1056 kg of beef frozen in a block. 1056 kg/20 kg = 52.8 fictitious units. According to the table 35 samples should be taken. SLVFS 1998:39 18 Annex 6 (up to SLVFS 1998:39) Country or establishment not covered by the specific rules on salmonella sampling under 18-20 or 22 § Country Establishment Finland All establishments producing food of animal origin for the European market.